Terms and Conditions

Last updated: December 18, 2024

This web page represents a legal document and constitutes the Terms and Conditions (Agreement) for our website, https://www.smartwithcents.com (Website). By accessing or using our Website, you agree to fully comply with and be bound by this Agreement each time you use our Website.

Definitions

“Us,” “We,” and “Our” refer to Smart With Cents.
“Visitor” refers to anyone who browses our Website without registering.
“Member” refers to anyone who registers with our Website to use our Services.
“User” is a collective term for both Visitors and Members.
“Product” refers to any goods or services that we sell or offer for free.
“Content” refers to all text, graphics, data, design, and information available on our Website or Services, whether created by us or by Members. Content provided by Members is specifically referred to as “Member Content.”

Acceptance of Agreement

This Agreement is between you and Smart With Cents.

THIS AGREEMENT INCLUDES WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.

Except as explicitly stated, this Agreement represents the entire Agreement between you and Smart With Cents, superseding any prior understandings, representations, or agreements related to the Website and Services. Additional terms and conditions may apply when using specific services, and those terms will be considered part of this Agreement unless otherwise stated.

Privacy Policy

Our Privacy Policy is an integral part of this Agreement. By using our Website, you agree to the terms of our Privacy Policy, which can be reviewed here. If you do not agree to this Privacy Policy, do not use this Website or our Services.

Arbitration

All disputes or claims arising out of or relating to this Agreement or our Services, except those related to intellectual property rights, will be resolved exclusively through binding arbitration in accordance with the rules of the applicable arbitration association.

Arbitration will be conducted on an individual basis and not as part of a class action.
Each party will bear half of the arbitration fees and costs.
Either party may seek interim relief from a court to protect their rights or property pending arbitration.

Judgment on the arbitration decision may be entered in any court of competent jurisdiction.

Limited License

Smart With Cents grants you a limited, nonexclusive, nontransferable, and revocable license to access and use the Website and Services strictly in accordance with this Agreement.

You may use our Website and Services solely for personal, noncommercial purposes unless otherwise agreed upon.
No electronic or printed material from the Website may be used in litigation or arbitration under any circumstances.

Legal Compliance

By using our Website and Services, you agree to comply with all applicable domestic and international laws, statutes, and regulations. Failure to comply may result in the termination of your access to our Website and Services.

Our Relationship to You

This Agreement does not establish an agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Smart With Cents.

Intellectual Property Rights

Our Website contains service marks, trademarks, and copyrighted material owned by Smart With Cents or its affiliates.

Ownership:
All Content on the Website and Services is protected by copyright laws and other intellectual property rights.
Restrictions:
- You may not copy, redistribute, publish, or commercially exploit any part of the Content without prior written permission.
- Your use of the Website does not grant you ownership or license rights to any Content.
Trademarks:
Any use of our trademarks or service marks without explicit consent is strictly prohibited.

Eligibility and Registration for Membership

To access certain features of SmartWithCents.com, you must register on our Website and become a Member. Membership is personal, non-transferable, and void where prohibited.

Eligibility Requirements:

Membership is restricted to individuals who are at least 18 years old.
Any registration by, or use of the Website or Services by individuals under 18 years of age is unauthorized and constitutes a violation of these Terms and Conditions.

By registering, you represent and warrant that:

You are at least 18 years old.
You agree to abide by all terms and conditions outlined in this Agreement.

Registration Approval:
Smart With Cents reserves the sole right to approve or reject Membership applications, with or without explanation.

Account Security:

Upon completing the registration process, you will receive a password to access the Services.
You are responsible for maintaining the confidentiality of your password and for all activities conducted under your account.

If your password or account is compromised:

Notify us immediately of any unauthorized use or security breach.
Smart With Cents is not liable for any losses or damages resulting from your failure to safeguard your account credentials.

Errors, Corrections, and Changes

We strive to maintain a functional, accurate, and reliable Website. However, Smart With Cents does not guarantee:

That the Website will be error-free, virus-free, or free from harmful components.
That errors or defects will be corrected.
The accuracy, reliability, or timeliness of any information available on the Website.

Right to Modify:
Smart With Cents reserves the right, at its sole discretion, to modify, update, or remove any content, software, or features available on the Website without prior notice.

Disclaimer of Liability

Third-Party Content:
Our Website hosts content provided by third parties, including Users, Advertisers, Merchants, and Sponsors. Smart With Cents does not exercise editorial control over such content.

Accordingly, we:

Do not guarantee the accuracy, completeness, legality, merchantability, or fitness for a particular purpose of third-party content.
Are not liable for opinions or information provided by third parties on the Website.

Third-Party Products and Services:

Smart With Cents does not operate or control the products or services offered by third-party Merchants.
All aspects of transactions (order processing, billing, fulfillment, customer service) are the sole responsibility of the Merchant.

Your Responsibility:
By interacting with third-party Merchants through our Website:

You acknowledge that such transactions are at your sole risk and that Smart With Cents provides no warranties, express or implied.
You agree to adhere to the terms, privacy policies, and operational rules set by the Merchant.

No Professional Advice Disclaimer

The content provided on SmartWithCents.com is for informational purposes only and does not constitute professional advice of any kind, including financial, investment, or legal advice.

No professional relationship is created between you and Smart With Cents or any of its Members through the use of this Website.
You agree not to make financial, investment, legal, or other decisions based on any content provided on the Website. Any actions you take are at your own discretion and risk.

Warranty Disclaimer

Smart With Cents is not responsible or liable for any content posted on our Website or in connection with our Services, regardless of whether the content is posted or caused by Members of our Website or by Smart With Cents itself. While we establish rules for Member conduct and postings, we do not control or monitor what Members post, transmit, or share on our Website or Services. As such, Smart With Cents is not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter while using our Website or Services. Additionally, we are not responsible for the online or offline behavior of any User of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Smart With Cents assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

Smart With Cents is not liable for any technical malfunctions or other issues arising from:

Telephone networks or services.
Computer systems, servers, providers, or software.
Failures of email due to technical issues or Internet traffic congestion.
Any combination of these factors, including damage to Members’ or any other person’s hardware or software resulting from the use or downloading of materials provided through our Website or Services, including any software.

Under no circumstances will Smart With Cents be responsible for any loss or damage, including but not limited to personal injury, death, or property damage resulting from anyone’s use of our Website or Services, or any interactions between Users, whether conducted online or offline.

References on our Website to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise do not imply endorsement, sponsorship, recommendation, or affiliation with Smart With Cents or any third parties associated with or utilized by our Services.

Disclaimer of Warranties

The information, content, and materials provided on or through our Website are provided on an “AS-IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. All express and implied warranties are disclaimed, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Our Website and Services may contain bugs, errors, or other limitations.

Smart With Cents, including all affiliates, assumes no liability for your use of our Website or Services. We do not guarantee or promise any specific results from the use of our Website or Services, including any related software. Smart With Cents does not represent or warrant that the content, services, or any software provided through our Website are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Users are strongly advised to use industry-recognized software to detect and remove viruses before downloading or using any content or software from our Website.

Without limiting the above, you acknowledge that you download or otherwise obtain content and software through our Website or Services at your own risk. You are solely responsible for any resulting damages, including but not limited to damage to your device, loss of data, or other harm.

Limitation of Liability

In no event will Smart With Cents or its affiliates be liable for any indirect, special, incidental, or consequential damages, including but not limited to:

Loss of business or profits.
Litigation.
Damage to equipment or data.

This applies whether the liability arises from breach of contract, warranty, tort (including negligence), product liability, or any other legal theory—even if Smart With Cents has been advised of the possibility of such damages.

The negation and limitation of damages outlined in this disclaimer are fundamental to the Agreement between you and Smart With Cents. Our Website and Services would not be provided without these limitations.

No Additional Warranties

No advice or information, whether oral or written, obtained by you from Smart With Cents or through our Website or Services, creates any warranty, representation, or guarantee not expressly stated in this Agreement.

This Warranty Disclaimer is integral to the Terms and Conditions governing your use of SmartWithCents.com. If you have any questions, please contact us directly for further clarification.

Limitation of Liability

Under no circumstances shall Smart With Cents, its directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits or lost data, arising from your use of our Website, Content, Services, or any related software accessed through or downloaded from our Website or Services. This limitation applies even if Smart With Cents is aware or has been advised of the possibility of such damages.

Notwithstanding any provision to the contrary contained herein, the total liability of Smart With Cents to you for any cause whatsoever and regardless of the form of the action is limited to the amount paid by you to us, if any, for Website access and/or Services during the one month preceding the event giving rise to the liability.

Member Conduct

Members may post content to our Website through our Services (Member Content). By using our Website or Services, Members and Visitors understand that they may encounter content that is offensive, indecent, or objectionable. Smart With Cents does not control, monitor, or guarantee the quality, accuracy, or integrity of Member Content and is not responsible for filtering or moderating such content.

Reporting and Enforcement:

If any Member Content is reported as offensive, illegal, or inappropriate, we may request the Member to remove or modify the content within 24 hours of receiving notice.
Failure to comply with this request may result in restricted posting privileges or the immediate termination of the Member’s account at our sole discretion.

Content Removal:
Smart With Cents reserves the right, at its sole discretion, to remove any Member Content that:

Violates this Agreement.
Is deemed objectionable.

Member Responsibilities

Compliance with Laws:
Members are responsible for ensuring their Member Content complies with all applicable laws, including copyright and trademark laws. Members agree to respect the intellectual property rights of others.

Prohibited Content and Activities:
Members agree not to use our Services to post or transmit content that:

Violates Laws:
- Breaches any local, state, federal, or international laws.
Infringes Intellectual Property:
- Infringes on patents, trademarks, trade secrets, copyrights, or other proprietary rights.
Harms Others:
- Threatens, defames, promotes violence or illegal activities, or is vulgar, obscene, abusive, harassing, libelous, hateful, or racially/ethnically objectionable.
Shares Private Information:
- Contains private information of others (e.g., addresses, phone numbers, email addresses, Social Security numbers, or credit card details).
Distributes Malware:
- Contains software viruses or other malicious code designed to interrupt, destroy, or limit software/hardware functionality.
Promotes Spam:
- Includes unauthorized advertising, spam, junk mail, chain letters, pyramid schemes, or solicitations.
Restricts Others’ Use:
- Restricts or inhibits other users from enjoying our Website or Services or exposes us, affiliates, or users to harm or liability.

Prohibited Uses of Content:
Members may not use our Content to:

Develop competing websites.
Create compilations or derivative works as defined by applicable copyright laws.
Redistribute Content through sale, licensing, leasing, renting, or any other method.
Reverse engineer, decompile, or disassemble any part of the Website, Services, or associated software.
Violate any terms of this Agreement or applicable laws.

Intellectual Property Infringement Policy

DMCA Compliance:
Smart With Cents complies with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. We have adopted a policy to terminate accounts of Members who, in our sole discretion, are determined to be repeat infringers of others’ intellectual property rights.

Member Warranty:
By posting content, you warrant that you own the rights to the content or have the necessary permissions to share it and that your content does not infringe on the intellectual property rights of others.

Enforcement of Terms

Smart With Cents has the sole discretion to determine whether any content or activity violates this Agreement. We reserve the right to:

Remove offending content without notice.
Restrict or terminate Member accounts for breaches of this Agreement.

Members agree to comply with all rules, guidelines, and applicable laws governing the use of our Website and Services. Failure to comply may result in legal action, termination of membership, or other remedies available under the law.

Use of Information

By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) on SmartWithCents.com, you grant us a perpetual, nonexclusive, worldwide, royalty-free license to use your Member Content in connection with our business operations. This license includes, but is not limited to, the rights to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your Member Content.

Ownership and Authorization:
By submitting Member Content, you warrant that you either own the rights to the content or have the necessary permissions to post, display, and distribute it. You acknowledge that you will not be compensated for any use of your Member Content.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement. If we suspect any unlawful activity, we may take any action deemed appropriate, including but not limited to:

Reporting the activity to law enforcement or regulatory authorities.
Disclosing information about the suspected activity, including user profiles, email addresses, IP addresses, and usage data, to appropriate entities.

Linking to Our Website

You may link to our Website, provided that:

You do not remove or obscure any portion of our Website through framing or other techniques.
Your website does not engage in illegal, offensive, or pornographic activities.
You immediately cease linking to our Website upon our request.

Links to Third-Party Websites

Our Website may contain links to third-party websites. These links are provided for your convenience and do not constitute an endorsement or guarantee by Smart With Cents. We are not responsible for:

The privacy practices or legal policies of third-party websites.
The accuracy, reliability, or quality of information, products, or services on third-party websites.

Accessing these links is at your own risk, and we encourage you to review the terms and privacy policies of any third-party site you visit.

Payments

If you purchase goods or services through our Website, you represent and warrant that:

Your payment information is accurate and complete.
You have the legal right to use the payment method provided.
Your bank or credit card provider will honor all charges.
If your payment method is declined or dishonored, you agree to pay any incurred charges, including any surcharges.

Refund and Return Policy

For goods purchased directly from Smart With Cents, we may issue refunds within 30 days of receiving a written refund request and a valid reason for the return. Refunds are subject to:

The return of the product in substantially the same condition as when it was purchased.
Any applicable restocking fees as outlined on our Website.

Termination of Membership

Your membership with Smart With Cents remains effective until terminated by either party.

Termination Conditions:

We may terminate your membership without notice if you fail to comply with this Agreement.
Upon termination, you agree to:
1. Cease representing yourself as a Member.
2. Delete or destroy any content obtained from our Website.

Certain provisions of this Agreement, such as those relating to copyrights, indemnities, and limitations of liability, will survive termination.

Indemnification

You agree to indemnify, defend, and hold Smart With Cents, its affiliates, officers, employees, agents, and partners harmless from any liability, loss, claim, or expense (including attorney’s fees) arising from:

Your violation of this Agreement.
Your use of our Website, Services, or Products.

Severability and Survival

If any provision of this Agreement is found to be invalid or unenforceable, that provision will be construed in accordance with applicable law while the remaining provisions will remain fully enforceable.

No Waiver:
Our failure to enforce any provision does not constitute a waiver of our right to enforce it later.

Surviving Terms:
Provisions related to intellectual property, liability, warranties, indemnities, and dispute resolution will survive the termination of this Agreement.

Changes to Terms and Conditions

Smart With Cents reserves the right to update or modify these Terms and Conditions at any time.

Change Notification:

Changes will be communicated through email or posted on our Website.
Changes take effect 30 days after notice is given.

Dispute-Resolution Provisions:
No amendments will retroactively change any agreed dispute-resolution provisions, including arbitration clauses, unless explicitly agreed to by both parties.

If you do not agree to the updated Terms and Conditions, you may discontinue using our Website, Services, and Products. Continued use after changes constitutes your acceptance of the updated Agreement.