Effective Date May 1, 2017
We reserve the right to amend the TOU at any time by posting an updated TOU on www.smartpaylease.com. Any changes are effective upon posting. Your continued use of our Websites and/or SmartPay products constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of our Websites without notice or liability.
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SmartPay makes no claims concerning whether the Websites may be available or appropriate for use outside of the United States. If you access our Websites 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.
USER AND ACCOUNTHOLDER RESPONSIBILITIES
In order to conduct certain activities and functionalities of the Websites, you may need to register for an account, which includes creating access credentials, such as an email address and password. You are solely responsible for (1) monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials; (2) not allowing another person to use your access credentials; and (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. SmartPay is not responsible for any harm relating to the theft of access credentials resulting from your actions, your disclosure of access credentials, or your decision (in violation of the TOU) to allow another person or entity to access and use the Websites using your access credentials.
You acknowledge and agree that you are solely responsible for maintaining the security of the devices you may use to access the Websites. SmartPay is not responsible for any losses resulting from the loss or theft of your device.
You must immediately notify SmartPay regarding any unauthorized use of your account or access credentials or any other concerns that you have about the misuse or security of your account by contacting us at firstname.lastname@example.org. Until SmartPay receives this notification from you, you may be held liable for any harm resulting from the improper use of your device or access credentials
LIMITATION OF USE
You agree to use the Websites, and all materials and content on the Websites, only for lawful purposes. You are prohibited from any use of the Websites that would constitute a violation of any applicable law, regulation, rule, or ordinance of any nation, 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 our Websites, including but not limited to unauthorized entry into SmartPay’s systems, misuse of access credentials, or misuse of any information posted on our Websites is strictly prohibited. You may not use the Websites in a manner that:
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
uses technology or other means to access content or systems of SmartPay in a manner that is not authorized by SmartPay;
uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access content or systems of SmartPay;
attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
attempts to gain unauthorized access to SmartPay's computer network or user accounts;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
violates the TOU or SmartPay policies;
attempts to damage, disable, overburden, or impair SmartPay's servers or networks; or
fails to comply with any applicable third-party terms.
INTELLECTUAL PROPERTY RIGHTS
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 our Websites 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 our Websites 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 website for commercial use, unless establishment of such a link is approved in writing by us in advance.
The copyright in all material on our Websites, 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 Content 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 our Websites may violate numerous laws, including copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Any information submitted to SmartPay via the Websites shall be deemed and remain the property of SmartPay, and SmartPay shall be free to use, for any purpose, any idea, concept, know-how, or technique contained in information a visitor to the Websites provides SmartPay through the Websites. SmartPay shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by SmartPay or as otherwise specifically required by law.
DISCLAIMER OF WARRANTIES
THE INFORMATION AND MATERIALS CONTAINED ON OUR WEBSITES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND 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 OR WEBSITES. SMARTPAY DOES NOT WARRANT THAT OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES DO NOT CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THE WEBSITES IS AT YOUR OWN RISK.
THIS DISCLAIMER DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TOU.
SMARTPAY MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND WEBSITES 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 CONTENT. SMARTPAY RESERVES THE RIGHT TO TERMINATE ALL OR PART OF OUR WEBSITES AND ITS FUNCTIONALITY WITHOUT PRIOR NOTICE TO YOU.
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 ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, WEBSITES, OR ANY THIRD-PARTY WEBSITE TO WHICH OUR WEBSITES ARE 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, OR OUR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES IS TO STOP USING OUR WEBSITES. IF YOUR USE OF THE WEBSITES 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 our Websites; or (ii) your use of our Websites in violation of the TOU 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 OUR WEBSITES
SmartPay has no obligation to monitor our Websites; however, you acknowledge and agree that SmartPay has the right to monitor our Websites electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or governmental request, to operate our Websites, or to protect SmartPay or other users of the Websites.
Our Websites are 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 our Websites and Content, no distribution or solicitation is made by SmartPay to any person to use our Website or Content in jurisdictions where the provision of our Website and/or Content is prohibited by law.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
At times you may experience difficulty accessing the Websites or communicating with SmartPay through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider's, or SmartPay's, can experience unanticipated outages or slowdowns or have capacity limitations. SmartPay is not responsible for any such system outages, slowdowns, or capacity limitations.
The TOU is effective until terminated by SmartPay. SmartPay may terminate the TOU at any time without notice or suspend or terminate your access and use of our Websites at any time, with or without cause, in SmartPay’s absolute discretion and without notice. The following provisions of the TOU shall survive termination of your use or access to our Websites: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, General Provisions, and any other provision that by its terms survives termination of your use or access to our Websites.
Failure by SmartPay to enforce any of its rights under the TOU shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
The TOU and all other aspects of your use of our Websites shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, 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 our Websites and the Content or services provided through it and give SmartPay a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against SmartPay.
The TOU shall be subject to any other agreements you have entered into with SmartPay.
Certain sections or pages on our Websites may contain separate terms and conditions of use, which are in addition to the terms and conditions of the TOU. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of the TOU is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the TOU shall remain in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.