Terms of Service
Last updated March 9th, 2021
LICENSE AND ACCESS
SITE MODIFICATION OR SUSPENSION
We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. We shall not be liable to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature or product offered through the Site.
This Site and the Content available on the Site are our property of or the property or our affiliates and licensors, and are protected by copyright, trademark and other intellectual property rights. Subject to the Terms, we grant you a non-exclusive non-transferable license to use the Site solely for your personal non-commercial use. You may not use the Site or the content available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, perform, display or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. If you keep intact all copyright and other proprietary notices, you may, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide the following written information to our copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Smart Fi Guide’ Copyright Agent for notice of claims of copyright infringement on Smart Fi Guide can be reached at: [email protected]
Or by postal mail at:
996 Main Ave SW (Box #628), Washington, DC 20024
USE RESTRICTIONS AND REGISTRATION
You may not use or register with the Site if you are under thirteen (13) years of age. However, certain services offered on or through the Site, such as purchasing products, entering into a sweepstakes, and participating in sampling or product gifting programs, require you to be eighteen (18) years of age. If you are under 18 years of age, do not use those features of the Site. You agree that the information you provide to us upon registration, and at all other times, will be true, accurate, current and complete. Registration is limited to one account per user and user is solely responsible for keeping user’s password secure and for any activities or actions taken on the account, whether or not you have personally authorized such activities or actions. You shall immediately notify Smart Fi Guide of any unauthorized use of your password.
By using the Site and/or accessing the services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth in these Terms. This Site is administered in the United States and intended for U.S. users only; any use outside of the U.S. is at your own risk. You are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.
YOUR COMMENTS REVIEWS AND OTHER CONTENT POSTED:
You may have the opportunity to post comments, write reviews or provide other content on this Site (“Posted Content”). If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of the content, or that you have the owner’s express consent to your posting or submission of that content. In addition, when you submit or post any content, you grant us and anyone so authorized, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensable, worldwide license to use, copy, cache, archive, modify, display, categorize, index, transmit, store, comment on, tag, sell, exploit, create derivative works from, distribute, incorporate into other works, and/or digitally or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. This license is non-exclusive, however, you agree that we shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other Site users for the purposes of constructing or populating a searchable database of product reviews. You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, promotional campaigns, content syndication and distribution arrangements that include or feature any Posted Content submitted by you.
The foregoing shall include the right to exploit any proprietary rights in such Posted Content or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your content postings or submissions by name, e-mail address or screen name, as we deem appropriate. We are under no obligation to give credit or provide any compensation for your Posted Content.
We expressly prohibit the posting of any comments, reviews or other content that is illegal, threatening, defamatory, obscene, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, political campaigning, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right, but are not obligated, to remove or edit such content. We do not regularly review user’s posted content. We reserve the right, but are not obligated, to oversee and edit or remove any activity or content. We shall not be responsible for and assume no liability for any content posted by you or any third party.
THIRD PARTY CONTENT
Third parties not affiliated with us may offer services or products on the Site. We do not warrant or assume any responsibility or liability for the actions, offers or content of third parties who may have advertisements or links on our site. Please carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES, CHOICE OF LAW, AND JURISDICTION
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that Smart Fi Guide agreement to arbitrate claims constitutes consideration for such waiver.
Notwithstanding Smart Fi Guide’ right to modify these Terms, Smart Fi Guide agrees that any such modification to the dispute and/or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not permitted by applicable law, the parties waive all rights to trial by jury and waive all right to commence or participate in any class action, consolidated, representative or class proceedings.