PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND/OR USING ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS WEBSITE.
1. SERVICES PROVIDED BY US.
We provide a variety of different product or service offerings to You. Many of these product or service offerings request that you input your information once and receive communications from us, or from multiple people or organizations to provide you a convenient, fast method for evaluating your options and making informed decisions relating to a particular service that is being advertised. We do not offer or provide any legal services, and nothing we state or provide to you may be considered legal advice. By using any of our products or services, you expressly waive any claim against us relating to the quality of any such product or service, whether provided by us, or a third party person or company to whom you are referred and agree that we are not responsible for the quality of any services you ultimately select.
By providing Us your personal contact information, you agree that one or more entities may contact you by email, telephone, mail or other methods of communication. You request and expressly consent to receive such communications from an unlimited number of third party providers of the services or products we deem might be of interest to you, in our sole discretion, and regardless of whether your contact information appears on any federal or state No Call Registry. Your information may also be sent to other service providers who may also contact you independent of us.
We seek to connect You with companies that provide a variety of product or service related opportunities. Statements relating to potential results from these offerings may apply to one type of service but not another. None of these services assume or pay your debts for you.
Any financial or other relationship entered into between You and any third party that arose from information received or accessed through this website is solely between you and the third party. We are not a party to your agreements and you assume sole liability for any such agreements. We are not responsible for any transaction that may occur between you or your company and a third party.
Third party providers may be companies or individuals that require licensing, bonding, registration or other prerequisites in order to lawfully do business in your state. We do not check such licensing, bonding or registration. We encourage you to check with the appropriate agency to be certain all such requirements are met. Individual fees for services by these third parties and results vary. Some programs may be unavailable in some states.
We offer credit restoration services to those who ask for help, and have explored other options, include self-help, and non-profit alternatives. Credit restoration may or may not be a viable solution. The fact that we offer credit restoration services is not intended to suggest that the solution is right for you, or that we endorse only one particular provider or solution. You are strongly encouraged to consult with an attorney and/or a qualified financial advisor prior to making any decision that could have significant legal or financial consequences to you.
Should you have a dispute with any person or company to whom we match you with, you must address such dispute to that person or company directly. By using this website you hereby agree to release us and our employees, agent, and affiliated entitles if any and their employees and agents from any damages or claims including consequential 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 these third party individuals or organizations.
We value our integrity and as a company and individuals, we are committed to providing you with a positive experience. If for any reason, you are not completely satisfied with our service, please contact us at:
Smart Inventions, Inc.
6421 E. Alondra Boulevard
Paramount, CA 90723
Ph: (562) 272-1400
2. NO FINANCIAL ADVICE; RISK ALLOCATION
We do not provide tax, legal or investment advice. All invention submission ideas are voluntary on your part. An invention submission may or may not meet our business needs. We do our best to give full consideration to all ideas submitted, but we do not hold ourselves out to be your partner in any particular business venture, nor are we to be considered by you as being your agent in any capacity. Absolutely no guarantees – explicit or implicit – are conveyed to You. The above is not intended as an all-inclusive list of risk or a substitute for independent legal or financial advice. Always seek advice from qualified advisors, and read and understand all materials carefully.
The information contained on our website and/or any advice or comments made by any agent or employee of ours is intended only to educate and assist you. This information is provided for informational purposes only and is not meant to be a substitute for professional counseling and advice from certified legal or financial professionals.
3. YOUR USE OF OUR SERVICES
You certify to us that: (i) you are at least eighteen (18) years of age; (ii) you are the actual person submitting the information and not on behalf of another person or entity (iii) you assume full responsibility for the use of the Service by any minors; (iv) you agree that all information you have submitted to us, online or otherwise, is accurate and complete, and that you have not knowingly submitted false or fraudulently obtained information on or through the Website or Service; and, (v) your use of the Service is subject to all applicable federal, state, and local laws and regulations.
You further agree that by entering your personal information and submitting it to us, you are entering into a business relationship, requesting that we distribute your information to our contracted marketing affiliates, and you expressly consent and request to be contacted by our employees, representatives, agents and third party contracted business associates with promotions and offers relating to your request for products and/or invention consideration. You are consenting to us contacting you even if the entered telephone number is currently on a federal, state, or wireless Do Not Call list. By submitting your personal information, you expressly consent to be contacted by us and our business associates. It is expressly understood that these contacts, telephone calls, emails, letters, and faxes are being made pursuant to your request for such communications. These contacts are necessary so that that we may provide the services and products set forth on our site that you requested; or to service your account; or to reasonably address matters pertaining to your account or for other reasonable purposes related to our business. You acknowledge that we screen your requests and have the right, but not the obligation, in our sole discretion to deny any request.
If it is determined or suspected by us, in our sole discretion that you are misusing or attempting to misuse or circumvent our services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, we reserves the right, in its sole discretion, to immediately terminate your access without notice and to instigate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
4. Prohibited conduct
You must not (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
6. Copyright and Trademark Notice Information
All content of the Website is protected under copyright. Your use of our protected property is only by our prior permission. You agree not to display or use in any manner our Copyrighted or Trademarked property. All logos or brand names shown on this website, press releases, and all other locations without limitation, are trademarks of their respective owners and/or licensors.
7. Proprietary Rights
You acknowledge and agree that our product or service offerings contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the Website or as part of and such offerings are copyrights, trademarks, service marks, patents or other proprietary rights of ours or their respective intellectual property owners. Except as expressly authorized by us, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within this Website, in whole or in part.
Through the Website, we may provide links to other websites. Because we has no control over such websites, you acknowledge and agree that we are not responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
You agree to indemnify and hold us, our subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, or product or service offering, the violation of the Agreement by you, or the infringement by you, or any other user of the Website, or product or service offering using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. No Warranty
WE PROVIDE THE WEBSITE AND THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PRODUCT OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
11. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY OF OUR PRODUCT OR SERVICE OFFERINGS, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE, AND OUR PRODUCT AND SERVICE OFFERINGS.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US AND OUR AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF OUR WEBSITE, AND/OR PRODUCT AND SERVICE OFFERINGS.
We may provide you with notices, including those regarding changes to the Agreement, either by email, regular mail, or postings on this Website, at our sole and absolute discretion.
15. Dealings with Third Parties
Your correspondence or business dealings with any third parties as a result of your visit and participation in any product or service offerings, including, but not limited to, any person or company to whom you are referred or any other entity derived from our site or service or and other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party.
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in Malibu, California, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys' fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT OUR PLACE OF BUSINESS IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
17. Modification to Website
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
18. Waiver and Severability of Terms
The failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
19. Disclosure of Your Information
20. Entire Agreement
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.