TERMS AND CONDITIONS
The terms and conditions set forth below form a binding agreement between you and Smart Betty Inc.(“Smart Betty”) and your use of the smartbetty.com website and any ancillary services constitutes your acceptance of these terms and conditions.
SECTION 1 - SERVICES
We are an online community for people to organize their interests, browse the collections of their friends, and get recommendations around their interests through our website www.smartbetty.com. Your use of our website smartbetty.com (also referred to herein as “Site”) and the services that are accessed or provided during your use shall be referred to herein as “Services.” Any information placed on smartbetty.com by us, you or any authorized third party shall be deemed “Content” for purposes of these Terms and Conditions. “Deals” or “Daily Deals” are the offerings that are posted on the Site for your purchase. “Merchant” refers to the business or businesses which provide the Deals that are posted on the Site.
SECTION 2 - USE OF OUR SITE/SERVICES
Your permission to use Smart Betty is based on your agreement to all of the following and you expressly that you:
- are 18 years of age or older or 16 years old with parent or guardian authorization;
- will comply with these Terms and Conditions;
- will provide accurate information when creating an account or registration;
- will not use Smart Betty to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial or illegal purposes;
- will not use the communication systems provided by or contacts made on smartbetty.com for any commercial solicitation purposes;
- are solely responsible for your Content submissions and other such content;
- represent that you own or have the necessary licenses, rights, permissions, and consents to use smartbetty.com;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to smartbetty.com; and
- hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms and Conditions, remove any and/or all of your submissions, and terminate your account with or without prior notice.
- will not copy or distribute any part of smartbetty.com in any medium without Smart Betty's prior written authorization
- are solely responsible for your User ID and the activity that occurs while signed in to or while using smartbetty.com using your User ID;
SECTION 3 - ACCOUNT
You will need to register by creating an account with Smart Betty. If you choose to create an account or Smart Betty profile with us, you agree to provide only accurate, complete registration information. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Smart Betty Site and Services is not authorized by any other person. Smart Betty relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
SECTION 4 - NON CONFIDENTIAL
You understand that much of the information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Smart Betty, and therefore such information is not subject to any confidentiality obligation. Credit card information provided in connection with any purchase is maintained with appropriate privacy and security protections. Any communications between you and Smart Betty, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
SECTION 5 - RULES REGARDING CONTENT
You agree not to revise or obscure Content posted by others and you agree not to post or use any Content in any manner that:
- infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
- violates the privacy, publicity, or other rights of third parties,
- is unlawful, pornographic, obscene, abusive, threatening, harassing, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law,
- is false or inaccurate, or
- could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.
SECTION 6 - USER CONDUCT
It is our goal to make the use of our Site and Services a positive experience for all users; as such, you agree not to conduct or promote any illegal activities while using the Site or Services or impersonate another user. We do not assume responsibility or liability for the content, privacy policies, or practices of third-party websites or the companies that own them.
SECTION 7 - HOW THE DEAL WORKS
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
SECTION 8 - THE VOUCHER
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars ($0.00) and then against the promotional portion that is remaining.The expiration date for a Voucher is as printed on the Voucher. If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then Smart Betty will refund the paid portion of your Voucher in the form of a credit for future Deals.
SECTION 9 - ADDITIONAL TERMS
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:
- no cash value for any Voucher and no cash back will be issued for partial redemption of the paid portion of a Voucher; no cash back or credit will be issued for partial redemption of the promotional portion of a Voucher,
- Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher and Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, and neither Smart Betty nor the Merchant is responsible for lost or stolen Vouchers or Voucher reference numbers,
- duplicate use, sale or trade of a Voucher is prohibited, except as required by law and unless otherwise stated at the time a Voucher is purchased, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.
SECTION 10 - MERCHANT RESPONSIBILITY
To be clear, Smart Betty markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.
SECTION 11 - REFUNDS & TERMINATION & WARRANTIES
Smart Betty will provide a refund of the purchase price paid by you for any Deal within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed.We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement any time and without notice.
We provide the Site and Services "as is", "with all faults" and "as available." We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. Your sole and only remedy for any dispute with us is to discontinue your use of Smart Betty.
SECTION 12 - INDEMNIFICATION/RELEASES/WAIVERS
You agree to defend, indemnify and hold harmless Smart Betty, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. The communications between you and Smart Betty use electronic means, whether you visit the Site or send us emails, or whether Smart Betty posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Smart Betty in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Smart Betty provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing
You are solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, you release Smart Betty from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, you hereby waive California
Civil Code Section 1542 (and any similar provision in any other
jurisdiction) which states: “A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which, if known by him must have
materially affected his settlement with the debtor.”
SECTION 13 - ARBITRATION
By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against Smart Betty arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held in Columbus or Franklin County, Ohio at a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by End User and Smart Betty; (3) the arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or Smart Betty’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Smart Betty shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
Any claim or controversy arising out of or relating to the use of this
Site, which is not submitted to arbitration, shall be brought in a
court of competent jurisdiction sitting within the County of Franklin,
State of Ohio. You hereby submit to the jurisdiction of the Court of
Common Pleas of Franklin County, Ohio or the United States District
Court for the Southern District of Ohio, Eastern Division, located in
Columbus, Ohio with respect to any claim or dispute and hereby waive,
and agree not to assert, as a defense in any action, suit or
proceeding pertaining to such matter that it is not subject to the
jurisdiction of such courts or that such actions, suits or proceedings
may not be brought or is not maintainable in such courts or that the
venue thereof may not be appropriate or that this Agreement may not be
enforced in such courts. You further agree that service of process
in any action, suit, or proceeding as described above may be made upon
it by prepaid postage, registered mail, to its address as set forth
SECTION 14 - TERMINATION
Smart Betty may terminate this Agreement at any time. Without limiting the foregoing, Smart Betty shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Smart Betty, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 will survive termination of this Agreement.
SECTION 15 - ENTIRE AGREEMENT
These Terms and Conditions contain the entire agreement with respect to the subject matter hereof and no verbal or oral statements or representation shall supersede these Terms and Conditions.