TERMS AND CONDITIONS
By using www.smart.com, or using any of the products or services listed or obtained through the Site or from the Company (as such term is defined herein) (the “Products” ) you signify your assent to these Terms and Conditions in electronic form.
If you do not agree to all of these Terms and Conditions of use, do not use this Site or the Products.
The Site is owned and operated by S.M.A.R.T.™, a Florida limited liability company (“S.M.A.R.T.™” ), a Florida limited liability company. As used herein, each of S.M.A.R.T.™ is individually, and collectively, referred to herein as the “Company”. For the sake of clarity, the term “Company” shall therefore also apply to each of S.M.A.R.T.™ in it’s individual capacities. The Company may revise and update these Terms and Conditions at any time. Your continued usage of the Company Site or Products (as such term is defined herein) will mean that you accept those changes.
As used herein, the term “Products” shall include all products and services obtained from or through the Company, including but not limited to,(i) the initial course materials as described on the Site (the “Course Materials”), (ii) the information and other data (the “Real Estate Data” ) provided to you by the Company on a monthly subscription basis (the “Data Subscription” ), (iii) the license of a domain name and web page (a “Squeeze Page”) , and (iv) the use of membership and software sites (the “Software”).
THIS SITE DOES NOT PROVIDE ANY REAL ESTATE ADVICE
Information on this Site is provided for informational purposes only and is not intended as a substitute for professional advice. You should not use the information on this Site for forecasting success and/or profitability with regard to the purchase and/or sale of real estate property. Reliance on any information provided by the Company Site or by Company employees, licensors, suppliers, consultants, affiliates or other agents is solely at your own risk.
This Site AND PRODUCTS (including, without limitation, the real estate data) ARE provided for your use on an “as is, as available” basis. We, along with our affiliates, officers, directors, MANAGERS, STOCKHOLDERS, MEMBERS, SUBSIDIARIES, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, do not make any representations or warranties of any kind, express or implied, with respect to our Site, its content OR OUR PRODUCTS, including, without limitation, the GOODS/SERVICES or real estate data or information offered or sold on or through our Site and the uninterrupted or error-free use of our Site OR PRODUCTS. We may elect to cancel the data subscription in our sole discretion at any time.
We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our Site or files available on our Site ON IN OUR PRODUCTS will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this Site AND THE PRODUCTS ARE expressly at your own risk.
All information contained on our Site AND PRODUCTS, including information relating to real estate is for informational purposes only. You should not use the information contained on this Site for the purpose of measuring any type of success OR PROFITABILITY with regard to the purchase and/or sale of any real estate property OR ANY RELATED TRANSACTIONS.
Further, we explicitly disclaim any responsibility for any OF OUR PRODUCTS or the accuracy, content, or availability of information found on other Sites that contain links to our Site. Because some Sites employ automated search results or otherwise link you to Sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party Sites, and you hereby irrevocably waive any claim against us with respect to such Sites.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of this Site and each Squeeze Page (if applicable) and not to download or modify them, or any portion of them, except with express consent of the Company. This license does not include any resale or commercial use of this Site or its contents; any collections and use of any services listings, descriptions, or prices; any derivative use of this Site, a Squeeze Page or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose other than expressly allowed under these Terms and Conditions or without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so.
You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the S.M.A.R.T..com so long as the link does not portray Company, its Products, its affiliates, or their goods/services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
In connection with your Squeeze Page, you shall not upload, post, transmit, share, store or otherwise make available any content that the Company deems, in its sole and absolute discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You are solely responsible for the content that you upload, publish or display (hereinafter, “post”) on or through your Squeeze Page, or transmit to or share with third-parties (collectively, the “Content”). You may not post, transmit, or share Content on or through your Squeeze Page that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review your Squeeze Page and may delete or remove (without notice) any Content in its discretion, for any reason or no reason, including Content that in the sole judgment of the Company violates these Terms and Conditions.
You shall not reproduce, resell, republish or undertake any such similar use of the Products including the Real Estate Data. You do not acquire any propriety rights in or to the Real Estate Data, which rights remaining with the Company or the Company’s suppliers or licensors, and you acknowledge that the Products (including the Real Estate Data) are a valuable commercial product, the development of which has involved the expenditure of substantial time and money. You acknowledge that the Real Estate Data is sourced from public documents or statistical calculations, is provided on a “as is, as available” basis with all faults and defects, and the Company’s licensors and suppliers do not make any warranties as set forth in the disclaimer section above.
The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products (including any Squeeze Pages) and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws. You acknowledge that the domain name associated with any Squeeze Page is owned exclusively by the Company and your rights to use the domain name and Squeeze Page shall automatically terminate should you terminate your Data Subscription or subscription to such Squeeze Page.
If you use a custom domain name (i.e. www.myfabuloushomedeals.com) for your squeeze page the company is not responsible for the domain name being renewed if the user is inactive. As a customer of S.M.A.R.T.™ the first year of your domain fees are covered. After the first 365 days to keep your Squeeze Page active, you are responsible for the domain registration fees. The company is not responsible for non renewed domain names being cancelled.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password, or in connection with any Squeeze Page (if applicable). The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree to provide true, accurate, current and complete information about yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of your credit card, you shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
The Company may terminate its agreement with you immediately upon the occurrence of any one or more of the following events: (i) you fail to pay when due any amounts owed; (ii) you become insolvent, make an assignment for the benefit of creditors, institute or become subject to any proceeding under any bankruptcy or other similar laws for the relief of debtors, or seek the appointment of, or become subject to the appointment of, any trustee or receiver; or (iii) you breach any term or provision of this agreement.
When you purchase products from the Company, the Company has the right to contact you via email, phone call, text message or other messaging technology to discuss your account and additional services or products the Company provides. Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Site or any Squeeze Page, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. Additionally, Company is free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Except where noted otherwise, all prices displayed for Products represent the full retail price listed. Price and availability information on our Site are subject to change without notice. If you terminate any subscription offered through the Site, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Unless you cancel in writing, Company will continue to bill your credit card on a monthly basis, and you may receive an electronic invoice with the payment information included.
If you terminate your Data Subscription, your access and license to each of your Squeeze Pages (if applicable) shall also automatically terminate. If any credit card is declined for any reason, Company will charge you $50 as a service fee each time the card is declined. In the event of a chargeback, Company will immediately terminate your account. Payments returned to the Company for insufficient funds will result in a service charge fee of the maximum allowable returned check fee under applicable law.
At S.M.A.R.T., we are very confident in our digital products and offer a 30-day money back guarantee. If you are not completely satisfied with your purchase for any reason within the first 30-days of usage, you are eligible for a refund.
Due to the digital nature of many of our products, this guarantee is subject to the limitation described in the table below. This policy is intended to provide users with a risk-free trial period of our software with an export limit of up to 500 records (potential leads). In the event that you would like a more in-depth trial, you may be eligible for a partial refund if you export less than 1,200 records (potential leads). Please review our digital products carefully before making a purchase. As with all in-store purchases, it is the customers’ responsibility to determine whether the product is appropriate for them before purchasing.
|Number of records exported within first 30-days:||Possible refund if requested in the first 30-days:|
|Less than 500 records exported||Eligible for full refund|
|500-1,200 records exported||Eligible for 50% refund|
|More than 1200 records exported||Not eligible for refund|
If after viewing the limitations listed above you are eligible for and would like to request a refund, please complete this form: https://S.M.A.R.T..com/refund-request/.
Refunds are reviewed and processed weekly on Mondays. We will review your request and respond within 24 hours of reviewing your request. Once your refund has been approved, it will be credited to your account and your membership will be disabled.
If you are outside of the 30-day window, you are not eligible for a refund. However, you may discontinue your service at any time.
*Note: This policy excludes any shipping and handling charges.
In the event you wish to purchase any Products, you will be asked by Company or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card or bank account information. You agree to provide Company or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Products. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes, including sales or use taxes. Other than personally identifiable information, which is subject to this Site’s Privacy Notice, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner is and will be considered non-confidential and non-proprietary.
LIMITATION OF LIABILITY
Except as specifically stated on this Site, neither Company nor any of its officers, directors, managers, employees, shareholders, members, affiliates, LICENSORS, SUPPLIERS, agents or other representatives will be liable for any damages arising out of or in connection with the use of this Site or THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, the information OR services PROVIDED IN CONNECTION THEREWITH). This is a comprehensive limitation of liability that applies to all damages of any kind including, but not limited to, compensatory, direct, indirect, or consequential damages, loss of data, income or profit, loss or damages to property, and claims of third parties. THE Company’s liability to you shall in no event exceed the amount you have paid to the Company during the previous SIX (6) months.
The Company will use its best efforts to protect the data entered by you on its Site; however, Company does not guarantee continuous service, service at any particular time, integrity of data, information or content stored or transmitted via the Internet.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, managers, employees, shareholders, members, agents, providers, merchants, sponsors, licensors, suppliers, and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, out of your use of the Site, the Products (including, without limitation, the Real Estate Data and any Splash Page) or your violation of these Terms and Conditions.
The Company is not liable for any default or delay if such default or delay is caused, either directly or indirectly, by forces beyond its reasonable control including, but not limited to, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the obligations under this agreement.
APPLICABLE LAW; JURISDICTION AND VENUE
We make no representation that the content on the Site or the Products are appropriate, legal or available for use in other locations outside the United States. Those who choose to access the Site or Products from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Site, Products or content provided through the Site shall be governed by the internal laws of the State of Florida, without reference to its choice of law provisions. Any dispute relating in any way to your visit or use of the Site must be submitted to confidential arbitration in Palm Beach County, Florida except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Nothing in these Terms and Conditions creates the relationship of principal and agent, partner, or joint venturer. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party. In connection with your use of the Site and the Products, you shall not represent yourself as a real estate agent, mortgage broker or in any other licensee capacity unless you hold a valid license thereto. In addition, you shall not use any forms or letters contained in the Products of the Company which are designed for licensed professionals (real estate agents, mortgage brokers and the like) unless you hold a valid license. You agree that you shall be fully responsible for any and all actions, inactions or other business dealing you or any third-parties take in connection with, or arising out of, your use of the Site or the Products, and the Company shall not be liable to you or any third-party in any manner in connection therewith.
These Terms and Conditions represent the entire agreement between the parties with respect to the subject matter thereof, and supersedes all previous agreements, whether oral or written. You have the right to receive these Terms and Conditions in non-electronic form. You may request a non-electronic copy of these Terms and Conditions either before or after you electronically accept these Terms and Conditions. To receive a non-electronic copy of these Terms and Conditions, please send an e-mail to support@S.M.A.R.T..com or a letter and self-addressed stamped envelope to:
S.M.A.R.T.™ , 2505 NW BOCA RATON BLVD. SUITE 205, BOCA RATON, FL, 33431.
The Company will use its commercially reasonable efforts to respond to all inquiries within 72 hours.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Company reserves the right to make changes to its Site, Products, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Your use of the Site or Products shall be void where prohibited by law.
The Company truly believes in keeping your information confidential. We will only use your personal information for the purposes of enhancing your Company experience. By visiting the Site or a Squeeze Page, you are accepting the practices described in this Privacy Notice.
The Company Site does not knowingly collect or use any personal information from children under the age of 18 without obtaining verifiable parental consent. The Company also does not sell any Products for purchase by those under the age of 18. If you are under 18, you may only use the Site, a Squeeze Page, or Products with the involvement of a parent or guardian.
Merger or Sale of Assets
The Company, its parent (if applicable), subsidiaries or affiliates, could merge with or be acquired by another business entity, or all or substantially all of their respective assets could be acquired. Should such a combination, acquisition or transaction occur, you should expect that the Company will share some or all of your personally identifiable information with the acquiring or merged entity in order to continue serving you and others with information, updates and offers concerning the Site, Squeeze Pages or Products.
Disclosure of Personal Information
The Company may enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to you. The Company will share your name, address, e-mail address and/or telephone number (“Personal Information”) with those marketing partners in order to help them send you information that we believe will be beneficial to you. We may share non-identifiable aggregated information with these companies. We will not disclose your credit card or bank account information for these purposes. The Company may also provide Personal Information to any of its affiliated businesses.
Though we make every effort to preserve your privacy we may need to disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on the Company, the Site or the Squeeze Pages.
Security of Information
Company protects the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
If a physical product is included in your purchase. the product will arrive within 5-10 business days following the purchase. If you have any questions about the shipping of your order please email us at support@S.M.A.R.T..com or 1-888-411-1705 x703
How To Contact Us
Please relay any questions you may have pertaining to our above stated policies to our customer service department at 1-888-411-1705 ext 703, or email us at support@S.M.A.R.T..com.
Terms and Conditions and/or PrivacyNotice Changes
If the Company makes changes to any of the Terms and Conditions and/or the Privacy Notice, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We reserve the right to change, modify, add or remove portions of the Terms and Conditions and/or this Privacy Notice at any time, and any changes will become effective immediately upon being posted unless Company advises you otherwise. Your continued use of the Site and/or the Products after the Terms and Conditions and/or this Privacy Notice has been amended shall be deemed to be your continued acceptance of the Terms and Conditions and/or the Privacy Notice, as amended (unless you provide written notice to the Company specifically stating that you do not agree to such change or amendment). You should visit this page from time to time to review the then current Terms and Conditions and Privacy Notice because they are binding on you. Certain provisions of these Terms and Conditions and Privacy Notice may be superseded by legal notices or terms located on particular pages of this Site or provided in connection with the Products.
GUARANTEE #2 ” BETTER THAN RISK FREE” ONE YEAR CONDITIONAL MONEY BACK
I understand that I have one year to implement Jason Medley and S.M.A.R.T.’s “Find Private Lenders Now” study systems. If I use the systems and do not raise at least 20 TIMES my initial investment within twelve months from the date of purchase, I may return all of my home study courses and FREE bonuses to S.M.A.R.T.™ via traceable means (UPS or Fed Ex) for a full refund if the following conditions are met. To be eligible to receive my conditional one year refund I must have used the system for 12 months and present the following to S.M.A.R.T.™:
Your level of success will be determined by your dedication, desire and motivation to follow the system. Since we are not responsible for your actions, refund requests prior to 12 months will not meet the conditions of a refund.
To receive my refund, I must call first and receive an authorization number. I am aware that no returns will be accepted without an authorization number and that the authorization number issued is valid for ten days. All eligible products, software and all bonuses must be returned in resalable condition and received by S.M.A.R.T.™ after 12 months, but prior to 12 months and 15 days from the original date of purchase for me to receive a prompt and complete refund. Please note: The website and complete offer on-line system must be deactivated by S.M.A.R.T.™ LLC before you will be eligible for a refund