YOUR ACCEPTANCE OF THIS AGREEMENT. This is an agreement between you ("you," "your" or "user") and SmartGuy.com ("SmartGuy.com," "we," "us" or "our") that governs your use of this website as well as the SMARTGUY.COM website (collectively referred to as"Site" or "Website")." When you access or use the Site in any way you agree to be bound by these terms and conditions ("Terms").
Your use of the Site will be subject to the most current version of the Agreement posted on the Site at the time of such use. If you breach any of the Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from the Site and cease any further use of SmartGuy.com's services. You will forfeit your right to any monies that have accrued, are accruing or may be accrued in the future from the from the Rewards Program (also known as the Affiliate Program) upon termination.
The Site includes websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via our Site or that link to these (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the SmartGuy Site and Services you agree to be bound by these Terms. Since these Terms are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.
In the event of inconsistency between any terms of this contract and any translation into another language, the English version will control and prevail on any question of interpretation or otherwise.
TERMS AND CONDITIONS OF USE OF SMARTGUY.COM
1. What is SmartGuy.com
SmartGuy.com is an online business directory and network, as well as a resource for consumers in need of local services or goods. Whether you are looking to buy a home, sell a home, fix a home, or finance a home, or any of 1,500 other categories of services, chances are you can locate a qualified service professional to help. We can also help you find a good doctor, find someone to get your car fixed, or even find a good wedding coordinator. In fact, SmartGuy.com allows you to search from our professional service providers . ("Contractors and Service Professionals"). Each Contractor and Service Professional has submitted information about him, her or their company and service, which is accessible by you 24 hours a day, 7 days a week. In fact, many Contractors and Service Professionals offer a discount for mentioning you found them at SmartGuy.com.
SmartGuy.com makes available through the Site information, documents, images, products, software and various services (collectively the "Services"), subject to the following Terms in this Agreement.
SmartGuy.com provides a service directory and network of thousands of Contractors and Service Professionals. Many Contractors and Service Professionals have submitted to SmartGuy.com a full profile, including: their years in business, office hours, company overview, payment options, languages spoken, trade/business associations, locations, as well as any special discounts available. Simply enter the city on the homepage and you can select from amongst the list of about 1500 categories of Contractors and Service Professionals. Once you select a Contractor and Service Professional, you can browse their web page filled with detailed information about their services, read reviews from local neighbors who have used them, check out any discounts offered, or contact them directly. Neighbors that have used that particular Contractor or Service Professional may rate and write reviews regarding the service provided. This information is available to you for free. This allows you to get an up-to-date impression of the Contractor or Service Professional from neighbors you trust. SmartGuy.com also provides you with numerous helpful articles and tips.
In using the Services and Site, you acknowledge that SmartGuy.com is not acting as your general contractor, agent, employee, independent contractor, partner, joint venturer, or advisor. It is your sole responsibility to select a Contractor or Service Professional and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements or other services (e.g. consult a lawyer regarding contracts, permits, and other necessary job documentation, or consult an insurance professional regarding the Contractor's, Service Professional's and/or your own insurance coverage requirements). SmartGuy.com does not recommend or endorse any specific Contractor or Service Professional, provide advice on which Contractor or Service Professional to select, or screen the Contractors' or Service Professionals' credit or legal standing.
We do not guarantee that we will be able to match your service needs with a Contractor or Service Professional or that there are Contractors or Service Professionals in your area that are capable and/or willing to complete your service needs. We make no guarantees or representations regarding the application or installation skills of such Contractors or Service Professionals or the quality of the job that he, she or they may perform for you if you elect to retain their services. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a Contractor or Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. Typically, state law governs your rights under any contract with a Contractor or Service Professional. Should you have a dispute with any Contractor or Service Professional, you must address such dispute to the Contractor or Service Professional directly, and you hereby agree to release SmartGuy.com (and our employees and agents, their officers, directors, shareholders, parents, subsidiaries, and independent contractors) and any other person, firm, or entity (including our business partners such as a product manufacturers or suppliers who may utilize the SmartGuy.com matching utility) from any damages, torts,or claims (including consequential, special exemptory and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with the Contractor or Service Professional or use of this site.
SmartGuy.com relies on electronic data provided by third parties and on statements made by Contractors or Service Professionals and their references to determine which Contractors or Service Professionals to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a Contractor's or Service Professional's record may have occurred which were not captured by the third party data. You are obligating yourself and thus become liable for the sources used. SmartGuy.com does not guarantee that any Contractor or Service Professional has licensing, bondingor insurance coverage at the time you enter into an agreement with the Contractor or Service Professional and SmartGuy.com makes no representation warranty as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the Contractor or Service Professional may cancel the insurance without SmartGuy.com's knowledge. Unless otherwise specifically stated, SmartGuy.com does not endorse any product or service described in, offered on, or linked to the Website.
3. Registration to Match User's Needs with Contractor or Service Professional
For SmartGuy.com to match your service needs with our Contractors or Service Professionals, you might be asked to complete a registration form, which requests contact information, such as name and email address, and detailed information about the service requested. No financial information, such as a credit card number, is collected from the consumer. We use this information to contact the user about our Services for which the user has expressed interest, to inform Contractors and Service Professionals of leads, and/or inform users about Contractors and Service Professionals they matched to. By providing this information to us in the registration form, you expressly consent to being contacted by us and/or by our Contractors or Service Professionals via phone, fax, email, mail or other reasonable means, at any of your provided contact numbers or addresses, in order that we may provide our Services, service your account, reasonably address matters pertaining to your account or for other reasonable purposes related to our business. Unique identifiers, such as username and password, are required.
4. Use of this Site and Services
You certify to us that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility for the use of the Services; (iii) you agree that all information you have submitted to SmartGuy.com, online or otherwise, is accurate and complete, and that you have not knowingly submitted false information on or through the Services or Site; and (iv) your use of the Services or Site is subject to all applicable federal, state, and local laws and regulations.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct, data protection/ privacy and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Furthermore, If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these Terms then you can use the Site and Services. However, if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to use the Site and Services. For those who are accepting these Terms and using the Site and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
5. Password and security
SmartGuy.com grants you a personal, non-transferable and non-exclusive right and license to use the Services and Site by providing the user a user name and password to a single person. You agree not to provide any other individual access to SmartGuy.com via your login credentials. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify SmartGuy.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SmartGuy.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section or any sections.
7. Site Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. SmartGuy.com is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Site. SmartGuy.com does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable.. Under no circumstances will SmartGuy.com be liable in any way for any Content provided by users of the Site, Contractors or Service Professionals, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
You are responsible for your use of the Site and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send button, unless you are prepared to be held accountable for your Content. Like with any content published via the Internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and Site are at your own risk.
SmartGuy.com is an intellectual property owner and understands the costs and expenses in developing and maintaining intellectual property. SmartGuy.com also respects the intellectual property rights of others and expects its users of the Site and Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as summarized for you in our Digital Millennium Copyright Act (“DMCA”) Copyright Infringement Report and Counter Notice forms. Email info@SmartGuy.com to report any copyright infringement to it, and responding to infringement allegations against you by others. We will respond to notices of alleged trademark and other intellectual property infringement that comply with applicable law and are properly provided to us.
In addition, Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Site, blogs or any SmartGuy site or affiliated site. SmartGuy.com does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the Site or the Services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will SmartGuy.com be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Site or the Services.
Examples of unethical or unlawful activities include, but are not limited to the following: False, misleading or disparaging statements of any kind including but not limited to about SmartGuy.com or its affiliated entities or any person or entity using the Site or the Services; Any unauthorized use of the name, logo, trademark or copyrighted material of SmartGuy.com, its affiliated entities or any other person or entity; Violation of any federal, state or local laws or regulations; “Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions. Spamming is strictly prohibited by SmartGuy.com and will result in the immediate termination of your account. Spamming may also be illegal under applicable laws and may subject you to civil or criminal penalties.
Your use of any software made available via a SmartGuy.com Site is subject to any applicable license agreement or user agreement or the documentation that accompanies or is included with the software. In the event that software that is provided on or through a SmartGuy.com Site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.
SmartGuy.com has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the Terms or is otherwise objectionable. You bear all risks associated with the use of any content on the SmartGuy.com Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge that SmartGuy.com may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SmartGuy.com, its users and the public.
The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by SmartGuy.com and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.
8. Fees and Payments
When you order a service you have an opportunity to review and accept the fees that will be charged. Prices, availability, and other purchase terms are subject to change. SmartGuy.com reserves the right without prior notice to discontinue or change specifications and prices on services offered on and outside of the Site without incurring any obligation to you. All fees may be subject to taxes.
You are responsible for providing true, accurate, current, and complete information when ordering services through the SmartGuy.com Site or otherwise. If you use the Site or other means to purchase a service, payment must be received prior to acceptance of an order. SmartGuy.com may need to verify information you provide before SmartGuy.com accepts your order, and may cancel or limit your order any time after it has been placed. Subject to applicable membership policies, if payment has already been made and your order is cancelled or limited, SmartGuy.com will refund any payment you made for the service that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the service you have purchased, you agree that we may, at our option, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Purchases of other products and services through the SmartGuy.com Site may be subject to other terms and conditions that are presented to you at the time of purchase.
The DMCA provides protections to SmartGuy.com relating to material posted online at the discretion of users of our Site. If you are a copyright owner and believe that any content on our Site infringes your copyrights, you may inform us by completing our Copyright Infringement Report form and mailing it to:
269 South Beverly Drive
Beverly Hills, CA 90212
A specific description of the alleged infringement and the copyrighted work that you believe has been violated; the exact location of the infringing material on the Site; your contact information; and a statement by a person authorized to take action on behalf of the owner of the copyright certifying that the information provided is true and correct.
10. Other Clauses
Indemnity and Defense - You will defend, indemnify and hold harmless SmartGuy.com and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this ToS; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
Limitation of Liability - SmartGuy.com will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with the Terms, the Site, the Services, inability to use the Site or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Site or the Services.
Disclaimer of Warranties - The SmartGuy.com Site and the Services are provided on an “as is” and “as available” basis. SmartGuy.com makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law SmartGuy.com disclaims any and all such warranties including without limitation: Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error; That the information, content and materials included on the Site will be as represented; Any implied warranty arising from course of dealing or usage of trade; and Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of SmartGuy.com.
Third Party Websites - The SmartGuy.com Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
Electronic Delivery of Notices - By using the SmartGuy.com Site or the Services you consent to electronically receive from SmartGuy.com any communications including notices, agreements, legally required disclosures or other information in connection with the Services. SmartGuy.com may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services.
Venue and Applicable Law - The SmartGuy.com Sites are created, operated and controlled by SmartGuy.com in the State of California, United States of America. The laws of the State of California govern this Terms without giving effect to principles of conflicts of laws. Any action arising under this Terms shall be brought only in courts located in Los Angeles County, California, which shall have exclusive jurisdiction and you consent to the exclusive jurisdiction of such courts.
Severability - In the event that any provision of this Terms is held to be invalid or unenforceable the remaining provisions of this Terms will remain in full force and effect.
Waiver - SmartGuy.com will not be considered to have waived any of rights or remedies described in this Terms unless the waiver is in writing and signed by SmartGuy.com. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Terms will not constitute a waiver of SmartGuy.com's right to subsequently enforce such provision or any other provisions of this Terms.
Relationship of Parties - SmartGuy.com is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms. This Terms is intended for the sole and exclusive benefit of SmartGuy.com and you.
No Resale Right - You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Site provided through this Site, beyond the limited rights granted to you in these Terms.
Force Majeure - In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
11. Feedback, Ratings, Reviews, Rebuttals and Testimonials
Additionally, we collect feedback, ratings and reviews ("Ratings and Reviews") from users about the performance of Contractors and Service Professionals who work for them. We also collect general feedback and testimonials ("Feedback and Testimonials") from users, Contractors and Service Professionals using our Services and Site. By providing Ratings, Reviews, Feedback and Testimonials, you consent to our use, publication and/or distribution of such Ratings, Reviews, Feedback and Testimonials at no compensation to you. Further, if you are a Contractor or Service Professional, you acknowledge that all such Ratings, Reviews, Feedback and Testimonials are solely owned by SmartGuy.com, and you consent to the publication of Ratings or Reviews about you and your business.
If you provide Ratings, Reviews, Feedback or Testimonials, you hereby acknowledge and warrant that all of the information contained in the submitted Ratings, Reviews, Feedback or Testimonials will be factually accurate.
When Ratings, Reviews, Feedback or Testimonials are submitted to SmartGuy.com for publication, they become the property of SmartGuy.com and the contributing user, Contractor or Service Professional agree to assign all rights, title and interest in the content of the Ratings and Reviews or Feedback and Testimonials to SmartGuy.com.
In so far as the content of Ratings, Reviews, Feedback or Testimonials has not yet been assigned to SmartGuy.com, you hereby warrant that you are able to and, do in fact, grant to SmartGuy.com a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate and distribute and/or incorporate into other works in any form, media or technology now known or hereafter developed any copyrights, trademark rights or other proprietary rights in the content that are owned by you.
Ratings, Reviews, Feedback, Testimonials represent the opinion of the contributing user, Contractor or Service Professional. If SmartGuy.com determines that a contributing user, Contractor or Service Professional has submitted false or misleading information, SmartGuy.com reserves the right to delete the Content, Ratings, Reviews, Feedback or Testimonials and reject subsequent submissions from that contributing user, Contractor or Service Professional, and may terminate such user. SmartGuy.com does not take responsibility for the accuracy or completeness of Ratings, Reviews, Feedback or Testimonials. It is the responsibility of the Site's users to evaluate the accuracy, completeness and/or usefulness of any information, opinion, advice or other content found on the Site.
SmartGuy.com reserves the right to monitor Ratings, Reviews, Feedback, Testimonials and edit submissions by contributors to ensure compliance with these Terms and any applicable laws. SmartGuy.com further reserves the right to paraphrase or otherwise edit Ratings, Reviews, Feedback, Testimonials.
Material published including any Content, Ratings, Reviews, Feedback or Testimonials on the Site are the sole responsibility of the contributing user, Contractor and/or Service Professional. This means that a contributing user, Contractor or Service Professional, and not SmartGuy.com, is entirely responsible and liable for all material and content submitted to SmartGuy.com and which may be contained in Ratings, Reviews, Feedback and Testimonials.
SmartGuy.com reserves the right to deny requests, to remove any Ratings, Reviews, Feedback or Testimonials from the Site, including Contractors' and Service Professionals' profile information.
Under no circumstances will SmartGuy.com be liable in any way for any material and content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon the material and content published in Ratings, Reviews, Feedback or any document related to SmartGuy.com,
Effective/Last Updated: July 13, 2018 - These Terms are an agreement between you and SmartGuy.com, 269 south Beverly Drive, Suite 642, Beverly Hills CA 90212 U.S.A. If you have any questions about these Terms, please contact us at legal@SmartGuy.com.
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