June 23, 2014
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
Limitation of Use
The copyright in all material on this Site, including without limitation the text, data, design, source code, software, photos, images, and other information (collectively the “Content”), is held by SmartPay or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of SmartPay. You acknowledge that the Content is and shall remain the property of SmartPay. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use, copying, or mirroring of the Content on any other website, including using the Content by deep linking to it or framing it, or in any networked computer environment for any purpose, is prohibited unless you are first granted SmartPay’s written approval. Any unauthorized use of any Content on this Site may violate numerous laws, including copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content of Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any national, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into SmartPay’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. SmartPay makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by SmartPay.
Technologies and processes embodied in and used by this Site are covered by one or more SmartPay U.S. patents and by other patents pending.
SmartPay, the SmartPay logo, SmartPayLease.com, and all related logos (collectively the “SmartPay trademarks”) are trademarks or service marks of SmartPay. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by SmartPay or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless you first receive written authorization by us. We prohibit use of any of the SmartPay trademarks as part of a link to or from any site for commercial use unless establishment of such a link is approved in writing by us in advance.
Links to Third-Party Sites
Disclaimer of Warranties
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. SMARTPAY DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
SMARTPAY MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. SMARTPAY DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. SMARTPAY RESERVES THE RIGHT TO TERMINATE ALL OR PART OF THE SITE AND ITS FUNCTIONALITY WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL SMARTPAY BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, LOSSES OR EXPENSES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SMARTPAY, OUR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT SMARTPAY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless SmartPay from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by SmartPay in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. SmartPay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of SmartPay.
Monitoring of the Site
SmartPay has no obligation to monitor the Site; however, you acknowledge and agree that SmartPay has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
Consent To Electronic Disclosures and Communications, Including Email and Text Messaging
Please read the notice below carefully and print and/or download a copy for your records.
By consenting to receive information electronically, you agree to receive at our website the required federal and state disclosures related to your transactions with us, as well as notices under your financial services agreement with SmartPay (“Financial Services Agreement”). In order to view those notices and disclosures, you must have a computer equipped with Chrome, Internet Explorer version 8.0 or above, Firefox 3.6 or above or an equivalent web browser. If you are able to read this text, the browser you are using will be able to display all required disclosures. To retain a copy of the notices and disclosures we will provide electronically and a copy of the Agreement that you will sign electronically, you will need to be able to either download electronic copies to your computer or an attached storage device (such as disk or USB storage device) or to print copies on a printer attached to your computer. SmartPay will sign the Financial Services Agreement electronically.
If your application is approved, you will be asked to electronically sign your Financial Services Agreement by checking a “Sign Here” box. Your electronic signature is just as binding as a pen and ink signature: it indicates that you read the agreement and agree to its terms.
At this point in time, SmartPay only accepts signed agreements and provides related disclosures in electronic form. If you do not wish to sign your Financial Services Agreement and receive your disclosures and notices in electronic form, you may cancel the transaction at no cost by closing your browser at any time before you click on the signature button.
By consenting to this Electronic Disclosures and Communications Agreement, you hereby agree to receive transactional and promotional emails and text messages (sometimes known as SMS) on your mobile device from SmartPay. The purpose of SmartPay’s transactional emails and text messages is to remind you when payments are due and to keep you updated on the status of your account. Promotional emails and text messages keep you informed about products and offers. Your carrier may charge you a fee for each text message you receive, however SmartPay will not charge you a fee to send the text messages to you. You are not required to receive text messages to receive financial services from SmartPay. You may revoke your permission to receive transactional text messages by sending written instructions to SmartPay via U.S. postal mail at SmartPay Leasing, LLC. P.O. Box 626, San Francisco CA, 94104. In order to receive financial services from SmartPay, you may not opt out from transactional email communications, which are not promotional in nature. If you wish to cease receiving such communications, you should close your SmartPay account. You may opt out from receiving promotional emails by clicking “Opt out” on any email SmartPay sends you and from receiving promotional text messages by texting “STOP” from your mobile device in response to any SmartPay text message or by contacting SmartPay. For contact information, please visit the Contact Us section on www.smartpaylease.com.
By consenting to this Electronic Disclosures and Communications Agreement, you expressly authorize SmartPay to place calls, including auto-dialed calls or calls containing prerecorded messages, to your telephone, in connection with the collection of any amounts due by you.
The Site is not intended for distribution to, or use by, any person or entity in any city, county, state, or country where its distribution or use would be contrary to local law or regulation. By offering this site and Content no distribution or solicitation is made by SmartPay to any person to use the Site or Content in jurisdictions where the provision of the Site and/or content is prohibited by law.
This Agreement is effective until terminated by SmartPay. SmartPay may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in SmartPay’s absolute discretion and without notice. The following provisions of the Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by SmartPay to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you will notify SmartPay in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give SmartPay a reasonable period of time to address it BEFORE bringing any legal action, either individually or as a class member or representative, or as a private attorney general, against SmartPay.
This Agreement shall be subject to any other agreements you have entered into with SmartPay.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.