Last updated December 1, 2015
Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
SmarterAuto.com is an aggregator of financial information and offers. We provide free information and content to consumers on financial products, including bank accounts, mortgages, credit cards, automobile loans, money market accounts, certificates of deposit, banking and ATM fees, home equity loans, student loans and investment vehicles. We are not financial advisors. You are responsible for your financial decisions. We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 15) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website ("Your Content"). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant SmarterAuto.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. SmarterAuto.com and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify SmarterAuto.com for all claims relating to Your Content.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. SmarterAuto.com has the right, but not the obligation, to monitor and edit or remove any activity or content. SmarterAuto.com takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
i. copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
ii. modify, distribute, or re-post any content on the Website for any purpose; or
iii. use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
i. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
ii. not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
iii. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
iv. not to use, frame, or utilize framing techniques to enclose any SmarterAuto.com trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without SmarterAuto.com's express written consent;
v. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
vi. not to use meta tags or any other "hidden text" utilizing a SmarterAuto.com name, trademark, or product name without SmarterAuto.com's express written consent;
vii. not to deeplink to the Website without SmarterAuto.com's express written consent;
viii. not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
ix. not to collect or store personal data about others;
x. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
xi. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you; and
xii. to comply with all applicable laws regarding your use of the Website
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of SmarterAuto.com's or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS FINANCIAL ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED FINANCIAL PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
SmarterAuto.com AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE SmarterAuto.com STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, SmarterAuto.com CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
ANY QUIZZES AND QUIZ RESULTS ARE FOR ENTERTAINMENT PURPOSES ONLY. QUIZ RESULTS DO NOT PROVIDE FINANCIAL ADVICE AND ARE NOT DESIGNED TO OFFER OR MARKET ANY SPECIFIC PRODUCT OR SERVICE.
We and our affiliates, through the Services, may provide a venue through which you can obtain information and you can find third-party service providers, such as lenders, banks, financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives and other insurance professionals ("Service Providers"). We do not endorse or recommend the products or services of any Service Provider, and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider's products or services. We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
We are not a financial institution, insurance provider or other Service Provider. Instead, we, through our Services, may help to connect you with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial products.
We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Service Providers are the best available.
Unless you are a Service Provider or order a specific service through our Services, we do not charge you a fee to use our Services. Service Providers may pay us fees for services and to be matched with users of our Services, however. We are not involved with and are not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services, including any fees charged by a Service Provider.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SmarterAuto.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SmarterAuto.com DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SmarterAuto.com MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SmarterAuto.com OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You verify that any contact information provided to SmarterAuto.com, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to SmarterAuto.com.
You consent to receive e-mails by or on behalf of SmarterAuto.com relating to this Agreement, any purchase or transaction with SmarterAuto.com, matters related to your account, and promotions regarding SmarterAuto.com products.
SmarterAuto.com may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SmarterAuto.com, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless SmarterAuto.com, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to SmarterAuto.com that is not owned by you, in contravention of this Agreement; and/or (iv) your breach of this Agreement.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. "Claim" means any dispute between you, SmarterAuto.com, and/or any involved third party relating to your account or information you provide. SmarterAuto.com agrees to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against SmarterAuto.com. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. Sections 1-16, as amended.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and SmarterAuto.com both retain the right to pursue, in a small claims court, any claim that is within that court's jurisdiction and proceeds on an individual (non-class) basis. SmarterAuto.com will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against SmarterAuto.com, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to SmarterAuto.com, 1730 SOUTH FEDERAL HIGHWAY #385, DELRAY BEACH, FL 33483. You agree to negotiate with SmarterAuto.com in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after SmarterAuto.com's receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. You and SmarterAuto.com agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and SmarterAuto.com agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
Arbitration Fees. SmarterAuto.com shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Although SmarterAuto.com may have a right to an award of attorneys' fees and expenses under some laws if it prevails, SmarterAuto.com agrees that it will not seek such an award, unless your Claims are determined by the arbitrator to be frivolous. Nothing herein shall be construed to limit the arbitrator's ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with SmarterAuto.com, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. This provision is the entire arbitration agreement between you and SmarterAuto.com and shall not be modified except in writing by SmarterAuto.com.
Amendments. SmarterAuto.com reserves the right to amend this arbitration provision at any time. Your continued use of any SmarterAuto.com Website, purchase of a SmarterAuto.com product, or use or attempted use of a SmarterAuto.com product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, SmarterAuto.com will provide you notice and an opportunity to opt-out. Your continued use of any SmarterAuto.com Website, purchase of a SmarterAuto.com product, or use or attempted use of a SmarterAuto.com product, is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST ACCESSED THE SITE BY WRITING TO SmarterAuto.com, 1730 SOUTH FEDERAL HIGHWAY #385, DELRAY BEACH, FL 33483. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED AND DATED WRITTEN NOTICE THAT DETAILS SUCH OPT-OUT.
You agree that SmarterAuto.com may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason that SmarterAuto.com, in its sole discretion, deems appropriate. You further agree that SmarterAuto.com will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on SmarterAuto.com's liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
In order to avoid irreparable injury to SmarterAuto.com, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting SmarterAuto.com from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
SmarterAuto.com is a trademark of SmarterAuto.com. All other trademarks and service marks displayed on the Website are the property of SmarterAuto.com or their respective owners. You may not use or display any trademarks or service marks owned by SmarterAuto.com without SmarterAuto.com's prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
We abide by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on our servers or website that is claimed to be infringing, in which case we will make a good-faith effort to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
We do not control content hosted on third party websites, and cannot remove content from websites we do not own or control. Of you are the copyright owner of content hosted on a third party website, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
The following notice requirements are intended to comply with our rights and obligations under the DMCA and section 512 (c) and should not be construed as legal advice.
To file a notice of infringing material on smarterauto.com, please provide a notification containing the following details:
1. Reasonably sufficient details to enable us to identify the work claimed to be infringed including (for example, the title, author, any registration or tracking number, etc.);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing including, at a minimum, the URL (i.e., a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.
Send the notice to:
Linda L. Goodman
Attn: DMCA Complaints
8880 Rio San Diego Drive, 8th Floor, Rio Vista Tower PMG#805, San Diego, CA 92108
If material that you have posted to smarterauto.com has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the Federal District Court for judicial
district in which your address is located or, if your address is outside of the USA, for any judicial district in which we may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
5. Your physical or electronic signature.
Send the notice to:
Linda L. Goodman
Attn: DMCA Complaints
8880 Rio San Diego Drive, 8th Floor, Rio Vista Tower PMG#805, San Diego, CA 92108