| Smart Profits Auto Trader Terms and Conditions |
| Introduction Thank you for visiting our site (www.smartprofits.com) and reading our terms and conditions (www.smartprofits.com). Our site (www.smartprofits.com) is an internet property of Smart Profits Auto Trader. By participating in our site (www.smartprofits.com) and/or utilizing our products, you agree to be bound by these Smart Profits Auto Trader Website Terms of Use (“Terms of Use”), in their entirety, when you: (a) access our site; (b) register for a newsletter, subscribe to our (www.smartprofits.com) mailing list, or request information by and through our site; (c) register to participate in promotions, contests, and/or sweepstakes offered by Smart Profits Auto Trader periodically; (d) join, or attempt to join, an affiliate program or other membership organization featured on our site www.smartprofits.com); and/or (e) order a product and/or service through our site. Smart Profits Auto Trader Privacy Policy (“Privacy Policy”), the Official Contest Rules applicable to each Contest, Smart Profits Auto Trader Purchase Agreement(s) (“Purchase Agreement”), Smart Profits Auto Trader Membership Agreement(s) (“Membership Agreement”), and any other operating rules, policies, price schedules, and/or other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Services and/or Website in any manner or form. Smart Profits Auto Trader specifically denies any individual access to our site that is covered by the children’s online privacy protection act of 1998, as amended (“COPPA”). Smart profits Auto Trader reserves the right to deny access to the services and/or website to any individual, in its sole and exclusive discretion. 2. SCOPE AND MODIFICATION OF THE AGREEMENTYou (the client) agree to the terms and conditions outlined in the Agreement with respect to the use of our site (www.smartprofits.com). The Agreement constitutes the entire agreement between you (the client) and Smart Profits Auto Trader with respect to your use of our site (smartprofits.com) and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to our site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on our site, and you should review the Agreement prior to using our site. By your continued use of our site and/or Services, you (the client) hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. 3. REQUIREMENTSOur site (www. Smartprofits.com) and Services are available only to individuals who can enter into legally binding contracts under the applicable law. Our site (www.smartprofits.com) and Services are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access our site and/or Services. 4. DESCRIPTION OF THE SERVICES 4. 1 Subscription ServicesBy registering on our site (www.smartprofits.com) and receiving approval from Smart Profits Auto Trader, you (the client) can obtain, or attempt to obtain, for a fee or for no fee, the Subscription Services. The Subscription Services will or may provide you with e-mail content, text, and other materials (“Subscription Content”) relevant to online marketing provided by Smart Profits Auto Trader and its third party partners (“Third Party Providers”). If you would like to discontinue receipt of the Subscription Content, simply email our support team at support@smart profits.com. The Subscription Content contains comments, opinions and/or other materials that are provided by Smart Profits Auto Trader and Third Party Providers. They should not necessarily be relied upon. Please use caution and be judicious when using the Subscription Content and/or Subscription Services. You agree that Smart Profits Auto Trader shall have no obligations and incur no liabilities to you in connection with any such Subscription Content. Smart Profits Auto Trader does not represent or warrant that the Subscription Content made available in connection with the Subscription Services is accurate, complete or appropriate. You understand and agree that Smart Profits Auto Trader is not responsible or liable in any manner whatsoever for your inability to use the Subscription Services and/or Subscription Content. You understand and agree that Smart Profits Auto Trader shall not be liable to you, any end-users, or any third party, for any claim in connection with any of the Subscription Services. 4. 2 Membership ServicesBy registering on our site, agreeing to the Membership Agreement, and receiving approval from Smart Profits Auto Trader, you can obtain, or attempt to obtain, for a fee or for no fee, a Membership in one of the various Membership programs that our site (www.smartprofits.com) offer. For a copy of the Membership Agreement, please visit our site for the specific Membership. Smart Profits Auto Trader Membership programs will enable you to access content, text, and other materials (“Member Content” and together with the Subscription Content, the “Content”) provided by Smart Profits Auto Trader and certain Third Party Providers, designed to assist Members in their online marketing ventures. The Member Content contains comments, opinions, and other materials that are provided by Smart Profits Auto Trader Third Party Providers, which should not necessarily be relied upon. Please use caution, common sense, and safety when using the Member Content and/or Membership Services. You agree that Smart Profits Auto Trader shall have no obligations and incur no liabilities to you in connection with any such Member Content. Smart Profits Auto Trader does not represent or warrant that the Member Content made available in connection with the Membership Services is accurate, complete, or appropriate. You understand and agree that Smart Profits Auto Trader is not responsible or liable in any manner whatsoever for your inability to use the Membership Services and/or Member Content. You understand and agree that Smart Profits Auto Trader shall not be liable to you, any end-users or any third party, for any claim in connection with any of the Membership Services. 4. 3 Vendor ServicesBy completing the applicable purchase order forms, you can obtain, or attempt to obtain, certain products and/or services from our site (www.smartprofits.com). The products and/or services featured on our site may contain descriptions that are provided directly by the Third Party Provider manufacturers or distributors of such items. Smart Profits Auto Trader does not represent or warrant that the descriptions of such items are accurate or complete. You understand and agree that Smart Profits Auto Trader is not responsible or liable in any manner whatsoever for your inability to obtain products and/or services from our site or for any dispute with the product’s seller, distributor and end-user consumers. You understand and agree that Smart Profits Auto Trader shall not be liable to you or any third party for any claim in connection with any of the products and/or services offered on our site. 4. 4 GeneralYou must supply the following information when you register for the Services: (a) your full name; (b) company name (if applicable); (c) e-mail address; (d) mailing address (and billing address if different); (e) home telephone number; (f) work telephone number; (g) fax number; (h) credit card information; and/or (i) any other information requested on the applicable registration form (“Service Registration Data”). You agree to provide true, accurate, current, and complete Service Registration Data. Smart Profits Auto Trader has the right to reject any Service Registration Data where it is determined, in the sole, and exclusive discretion of Smart Profits Auto Trader, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Service Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Smart Profits Auto Trader may change the Registration Data criteria at any time, in its sole discretion. Unless explicitly stated otherwise, any future offer(s) made available to you on our site that augment(s) or otherwise enhance(s) the current features of our site shall be subject to the Agreement. You understand and agree that Smart Profits Auto Trader is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Services. You understand and agree that Smart Profits Auto Trader shall not be liable to you or any third party for any modification, suspension or discontinuation of any Services or other product, service or promotion offered by Smart Profits Auto Trader and/or any of its Third Party Providers. If Smart Profits Auto Trader Advertising OU terminates the Agreement and/or any Services for any reason, Smart Profits Auto Trader Advertising OU shall have no liability or responsibility to you. You understand and agree that the refusal to use our site (www.smartprofits.com) is your sole right and remedy with respect to any dispute that you may have with Smart Profits Auto Trader. 5. CONTESTSSmart Profits Auto Trader offers promotional prizes and other awards via Contests periodically. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the Official Contest Rules applicable to each Contest, you can enter for a chance to win the promotional prizes offered through each Contest. To enter into the Contests featured on our site (www.smartprofits.com), you must fully complete the applicable entry form first. You agree to provide true, accurate, current and complete Contest Registration Data. Smart Profits Auto Trader has the right to reject any Contest Registration Data where it is determined, in the sole and exclusive discretion of Smart Profits Auto Trader, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Contest Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Smart Profits Auto Trader may change the Registration Data criteria at any time, in its sole discretion. 6. LICENSE GRANTAs a user of our site (www.smartprofits.com), you are granted a non-exclusive, non-transferable, revocable, and limited license to access and use the Website, Content and associated material in accordance with the Agreement. Smart Profits Auto Trader may terminate this license at any time for any reason. You may use our site (www.smartprofits.com) and Content on your computer for your own personal, non-commercial use. No part of our site, Content, Contests and/or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer our site, Content, Contests and/or Services or any portion thereof. Smart Profits Auto Trader reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our site. You may not take any action that imposes an unreasonable or disproportionately large load on Smart Profits Auto Trader’s infrastructure. Your right to use our site, Content, Contests and/or Services is not transferable. 7. PROPRIETARY RIGHTSThe content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to our site, Content, Contests and Services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of our site, Content, Contests and/or Services is strictly prohibited. Systematic retrieval of material from our site, Content, Contests and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Smart Profits Auto Trader is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through our site, Content, Contests and/or Services. The posting of information or material on our site, or by and through the Services, by Smart Profits Auto Trader does not constitute a waiver of any right in or to such information and/or materials. The Smart Profits Auto Trader name and logo, and all associated graphics, icons and service names, are trademarks of Smart Profits Auto Trader. All other trademarks appearing on our site or by and through the Services are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited. 8. HYPERLINKING TO OUR SITE, CO-BRANDING, "FRAMING" AND/OR REFERENCING OUR SITE PROHIBITEDUnless expressly authorized by Smart Profits Auto Trader, no one may hyperlink our site, or portions thereof (including, but not limited to, logotypes, trademarks, branding or copyrighted material), to their website or web venue for any reason. Further, ”framing” our site and/or referencing the Uniform Resource Locator (”URL”) of our site in any commercial or non-commercial media without the prior, express, written permission of Smart Profits Auto Trader is strictly prohibited. You specifically agree to cooperate with our site to remove or cease, as applicable, any such content or activity. You hereby acknowledge that you shall be liable for any and all damages associated therewith. 9. EDITING, DELETING AND MODIFICATIONWe reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on our site. 10. DISCLAIMEROur site (www.smartprofits.com), services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, smart profits auto trader makes no warranty that: (a) our site, services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site will meet your requirements; (b) our site, services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site will be uninterrupted, timely, secure or error-free; (c) you will qualify for the contests and/or services; or (d) the results that may be obtained from the use of our site, services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site will be accurate or reliable. Our site, services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with our site. No advice or information, whether oral or written, obtained by you from smart profits auto trader, any of its third party providers or otherwise through or from our site, shall create any warranty not expressly stated in the agreement. 11. DISCLAIMER FOR HARM CAUSED BY DOWNLOADSVisitors download information from our site at their own risk. Smart Profits Auto Trader makes no warranty that such downloads are free from corrupting computer codes including, but not limited to, viruses and worms. 12. LIMITATION OF LIABILITYYou expressly understand and agree that smart profits auto trader shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if smart profits auto trader has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use our site, services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, our site; (c) the failure to qualify for the contests, services or third party products from any of our third party providers, or any subsequent denial of third party products from same; (d) the unauthorized access to, or alteration of, your registration data; and (e) any other matter relating to the inability to use our site, services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release smart profits auto trader and all of smart profits auto trader’s third party providers from any and all obligations, liabilities and claims in excess of the limitation stated herein. If applicable law does not permit such limitation, the maximum liability of smart profits auto trader to you under any and all circumstances will be five hundred dollars ($500.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between you and smart profits auto trader. The inability to use our site, services, contests, content, any third party products that you may receive from one of our third party providers, and/or any other products and/or services that you may apply for through our site would not be provided to you without such limitations. 13. INDEMNIFICATIONYou agree to indemnify and hold Smart Profits Auto Trader, each of their parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of our site, Services, Content and/or entry into any Contest; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Smart Profits Auto Trader, each of their parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. 14. THIRD PARTY WEBSITESOur site (www.smartprofits.com) may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, those owned and operated by Third Party Providers. Because Smart Profits Auto Trader has no control over such third party websites and/or resources, you hereby acknowledge and agree that Smart Profits Auto Trader is not responsible for the availability of such third party websites and/or resources. Furthermore, Smart Profits Auto Trader does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising thereby. 15. PRIVACY POLICY/VISITOR INFORMATIONUse of our site (smartprofits.com), and all comments, feedback, information, Registration Data and/or materials that you submit through or in association with our site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of our site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, please visit our website. 16. LEGAL WARNINGAny attempt by any individual, whether or not a Smart Profits Auto Trader customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of our site, is a violation of criminal and civil law and Smart Profits Auto Trader will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. 17. CHOICE OF LAW/VENUEAny disputes arising out of or related to the Agreement shall be governed by and construed in accordance with the relevant laws (without regard to conflict of law principles). Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Smart Profits Auto Trader and each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Smart Profits Auto Trader incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. 18. CONTACT USIf you have any questions regarding this agreement or wish to obtain further information from us, please contact us at: SUPPORT@WORLDWIDECONNECTIONS.BIZ |
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Monday, February 9, 2015
