Updated January 03, 2022
These Terms of Service (the “Terms”) explain the agreement you make with SmarterChoice LLC, an Arizona limited liability company (“SmarterChoice”, which may hereinafter be referred to as “us,” “we,” and “our”) when you access our website at www.SmarterChoice.com and use the products and services displayed, offered or sold by SmarterChoice (collectively the “Site”).
We have attempted to provide clear explanations of our Terms so that you can decide for yourself whether to use our Site, or not. If you do not agree to our Terms, you cannot use our Site. If you have questions or concerns about our Terms, please contact us by email at: support@SmarterChoice.com or by postal mail at: SmarterChoice LLC - 2525 E Camelback Rod STE 810 - Phoenix, AZ 85016
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, AND ANY OTHER TERMS, POLICIES AND DISCLOSURES INCORPORATED HEREIN BY REFFERENCE.
General Terms and Understandings
In addition to providing general information, SmarterChoice provides a gateway through which users of our Site can view, select and purchase certain goods or services (the “Product” or “Products”) from certain third party providers (the “Provider” or “Providers”). SmarterChoice does not represent or imply that the Site contains a complete or comprehensive list or choice of all Providers and all Products available at a particular address. Accordingly, there may be Providers that can provide you with service at your particular address that do not appear on this Site and are not listed as a choice for you to select from. You are in no way obligated to use SmarterChoice or the Site to choose your Products or Providers.
If you do choose to purchase a Product from a Provider through the Site (the “Order”), you do so under the specific terms offered by such Provider. You are solely responsible for ensuring you understand those terms before entering into any agreements with such Provider. The contractual agreement for services is between you and the Provider of that Product, not with SmarterChoice.
Occasionally a Provider may require SmarterChoice to take additional steps beyond your initial Order before completing the Order. This may include additional verification procedures, credit checks and/or security deposits, as required by the applicable Provider. In the event such additional steps are required, we will notify you via email and you may be asked to agree to additional terms and conditions.
Once your Order is processed, the applicable Provider will communicate with you directly. SmarterChoice will not have access to your Provider account after it has been established. You are solely responsible for any payments due under your agreement with the Provider, as well as terminating any prior accounts that are being replaced or are no longer needed.
You acknowledge and agree that SmarterChoice is acting as an intermediary only and is not a party to any transaction between you and any Provider and that interacting with any Provider accessed through the Site is done so at your own risk. Accordingly, SmarterChoice assumes no responsibility and will have no liability of any kind whatsoever in respect to your dealings with any Provider including with regards to fitness for a particular purpose, delivery, payments, notices, disagreements and the proper and timely delivery of goods or services. SmarterChoice in no way endorses, recommends, and/or bears any responsibility or liability for any products, services or statements made by any Provider. Statements and opinions of Providers are not necessarily those of SmarterChoice or its business partners.
SmarterChoice is not liable for the accuracy or delivery of any Provider bill or billing statements. Any discrepancies or disputes regarding the accuracy of any bill or billing statement must be addressed with the issuing Provider directly. You are responsible for ensuring timely payment of all bills or billing statements.
SmarterChoice assumes no responsibility, and will not be liable, for your failure to take any action or inaction with respect to any Provider account or your failure to receive any information with respect to any Provider account.
These Terms do not alter any liability or obligations that exist between you and the Provider. You agree that your relationship with the Provider is governed solely by the agreement between you and the Provider.
Your Obligations as a User of the Site
Whenever you order or purchase a Product through this Site you are warranting to us and the applicable Provider that you are at least 18 years of age and possess the legal authority to enter into a legally binding contract for the Product in accordance with all terms and conditions herein and as set forth by the Provider. You agree to be financially responsible for your use of and all transactions made in connection with Products ordered or purchased through this Site. You agree that you will be solely responsible for all charges, fees, duties, taxes, and assessments arising out of the purchases and orders you make through this site.
You agree to provide truthful and complete information when using the Site. If you are using the Site on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. If you are using the Site on behalf of any entity, you represent that you are authorized to act on the entity’s behalf and that the entity agrees to be responsible to us if you or the entity violates these Terms.
When you provide personal information, or otherwise use the Site, you represent and warrant that your use:
- Does not include any personal, financial, or confidential information of any other person or entity without their knowledge and prior consent, or that is counterfeit or stolen;
- Is not for any unlawful purpose or in furtherance of illegal activities;
- Is not false, fraudulent, or deceptive;
Your Limited Privilege to Use the Site
As long as you comply with these Terms, SmarterChoice grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. This limited privilege is only so you may use and enjoy the benefit of the Site as provided by SmarterChoice. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other users use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. This license is revocable at will and may be terminated by SmarterChoice without notice to you.
Prices and Availability
SmarterChoice does not warrant that information, graphic depictions, product and service descriptions or other content of the Site is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event SmarterChoice determines that a product or service contains an inaccurate price or description, SmarterChoice reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. SmarterChoice may make improvements or changes to any of its content, information, products, services, or programs described on the Site at any time without notice. You agree to notify SmarterChoice immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site and comply with any corrective action taken by SmarterChoice.
Nothing on the Site is an offer or promise by SmarterChoice to sell a specific product for a specific price or that any Provider will sell any product or service for any purpose or price or on any specific terms.
Consent to Electronic Communication
By using the Site, you are agreeing to the electronic delivery of all documents, disclosures, agreements, statements, and notices that we, or any Product Provider, are required by law to give you. You are further agreeing that information provided to you in this manner will satisfy all legal requirements that communications be in writing. All communications will be deemed delivered and effective when sent to the email address associated with your use of Site or when posted publicly on the Site.
Third Party Content
In using our Site, you may view content provided by third parties, including outbound links to web pages of such parties. SmarterChoice cannot and does not guarantee, represent or warrant that this third party content is accurate, up to date, legal, safe to open or inoffensive so your viewing of, reliance on, or use of such content is done so at your own risk.
The Site contains outbound links to websites that are not owned or operated by SmarterChoice and are subject to different terms and conditions. If you follow the outbound links, you will be legally bound by the terms and conditions of the websites to which they lead. Outbound links are provided solely for your convenience and do not imply any affiliation with, or endorsement of, those websites and SmarterChoice makes no representations whatsoever concerning the accuracy of their content, or any products or services they may offer. You are solely responsible for determining the safety of these websites, and extent to which you interact or use them.
You are granted a limited, nonexclusive right to create a link to the Site provided that such link is to www.SmarterChoice.com only and does not portray SmarterChoice or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by SmarterChoice at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any SmarterChoice trademark, logo or trade name or other proprietary information including the materials found at or on the Site, the content of any text or the layout/design of any page of the Site without the express prior written consent of SmarterChoice in each instance. In addition, you may not use any meta-tags or any other "hidden text" utilizing a SmarterChoice or SmarterChoice affiliate name, trademark, or product name without express written consent from SmarterChoice in each instance.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SmarterChoice, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without SmarterChoice’s express prior written consent.
You may use information on SmarterChoice products and services (such as provider terms and specifications, electricity facts labels, and similar materials) purposely made available by SmarterChoice for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SmarterChoice reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SmarterChoice server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SmarterChoice’s systems or networks, or any systems or networks connected to the Site or to SmarterChoice.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SmarterChoice on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of SmarterChoice or others.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an SmarterChoice ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SmarterChoice immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SmarterChoice or any other user of or visitor to the Site due to someone else using your SmarterChoice ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s SmarterChoice ID, password or account at any time without the express permission and consent of the holder of that SmarterChoice ID, password or account. SmarterChoice cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
SMARTERCHOICE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SMARTERCHOICE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SMARTERCHOICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTERCHOICE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANYSMARTERCHOICE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SMARTERCHOICE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
SmarterChoice reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
SmarterChoice may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SmarterChoice’s rights or property, or the rights or property of visitors to or users of the Site. SmarterChoice reserves the right at all times to disclose any information that SmarterChoice deems necessary to comply with any applicable law, regulation, legal process or governmental request.SmarterChoice also may disclose your information when SmarterChoice determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that SmarterChoice may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to SmarterChoice, for which monetary damages would be inadequate, and you consent to SmarterChoice obtaining any injunctive or equitable relief that SmarterChoice deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SmarterChoice may have at law or in equity.
You agree that SmarterChoice may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If SmarterChoice does take any legal action against you as a result of your violation of these Terms, SmarterChoice will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SmarterChoice. You agree that SmarterChoice will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Maricopa County, Arizona, and waive any objection to such jurisdiction or venue.
In the event of any controversy or dispute between SmarterChoice and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. To the extent that you and SmarterChoice are unable to resolve any disputes such disputes will be submitted to a mediator located in Maricopa County, Arizona prior to any arbitration or other action. The mediator’s fees and expenses shall be shared equally by you and SmarterChoice, who agree to exercise their best efforts in good faith to resolve all disputes in mediation. Mediation begins on the date one party sends written notice to the other requesting mediation and presenting in the notice the matter to be mediated. Mediation shall conclude when both parties sign an agreement that resolves the subject of the mediation. If no agreement is reached within sixty (60) calendar days after the date of the original written notice, the mediation is considered unsuccessful. In the event any dispute cannot be settled by you and SmarterChoice informally or through mediation, the matter in controversy or dispute shall be resolved by binding confidential private arbitration before a mutually agreeable arbitrator in Maricopa County, Arizona. In the event the parties cannot agree on an arbitrator, the presiding judge of the Superior Court of Maricopa County, Arizona, shall decide who the arbitrator shall be. The decision of the arbitrator will be final and binding on the parties to such proceeding. In any arbitration or other proceeding related to a dispute, the prevailing party shall be entitled to reimbursement of such party’s reasonable costs and attorney’s fees. Otherwise, the arbitrator shall have the discretion to enter any award permissible under applicable law, and such award shall be enforceable exclusively in a state or federal court of competent jurisdiction in Maricopa County, Arizona. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
Limitation of Liability
Except where prohibited by law, in no event will SmarterChoice be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SmarterChoice has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, SmarterChoice is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SmarterChoice’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against SmarterChoice, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold SmarterChoice, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SmarterChoice by any third party due to or arising out of or in connection with your use of the Site.
Void Where Prohibited
SmarterChoice administers and operates the www.SmarterChoice.com Site from its location in Phoenix, Arizona USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SmarterChoice reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
SmarterChoice does not knowingly permit copyright infringing activities on the Site.
If you believe that your copyrighted material may have been infringed, please provide us with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit SmarterChoice to locate the material. Providing URLs for the location of the allegedly infringing material or activity is the best way to help us locate content quickly.
- Information reasonably sufficient to permit SmarterChoice to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you, the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification of claimed infringement is accurate and, under penalty of perjury, that you, the complaining party, are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be aware that submitting a report of intellectual property infringement is a serious matter with potential legal consequences. For example, intentionally submitting a misleading or fraudulent report may lead to liability for damages under 17 U.S.C. § 512(f), or similar laws in other countries.
Before submitting a notice of infringement, be sure to consider whether fair use or a similar exception to copyright or trademark law may apply to the use. If you are unsure whether the content you are considering reporting infringes your rights, you may wish to seek legal guidance before submitting a notice of infringement.
Do not submit a notice of infringement unless you are the owner of the copyrighted material or trademark that you believe is being infringed, or an agent authorized to act on the owner's behalf.
The fastest way for us to process your notification of claimed infringement is via the online form here. The slower method to reach our designated agent and for processing is to send a proper and complete notification of claimed infringement to the mailing address listed below.
DCMA Agent Mailing Address:
Attn: DCMA Agent
2525 E Camelback Road STE 810
Phoenix, AZ 85016
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Term shall remain in full force and effect.
These Terms constitute the entire agreement between you and SmarterChoice with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SmarterChoice with respect to such use are hereby superseded and cancelled.
SmarterChoice’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by SmarterChoice of any provision or any right it has to enforce these Terms, nor shall any course of conduct between SmarterChoice and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Click here to Contact Us if you have any questions or concerns regarding these Terms.