Terms and Conditions

the

smartr

app

company


Smartr Marketing is proud to present our exclusive technology and off the chain publishing and marketing services! So you have heard, our EMPIRE BUILDING websites and apps are customer generating machines... You heard right!

Place your order, and you will get connected with one of our Customer Coaches in the next 24 hours!

Terms and Conditions

Terms and Conditions

The Smartr Marketing App is free to download and use. People have the ability to share the app with their friends and business owners they know and earn money without buying anything at all!

The first time you receive $100 in royalties, earnings, bonuses, etc. in any one month, you will be sent a link that will allow you to sign up for a Smartr Bnk Account. This will give you access to an account, transfer capabilities, interest-earning options, and a Smartr Bnk Visa Debit Card. The same takes place within all apps. If you have more than one app you represent, and have fulfilled all app obligations, contact us, and we may be able to combine your earnings.

After the first month’s milestone is achieved, you will be paid twice per month for ALL earnings as long as you have fulfilled the minimum obligations to earn money within those apps.

People have the ability to use our software (the theme you see here) and customize it to fit their own needs. This allows them to have their very own apps inside the app stores. Cool, huh?

Even though The Smartr Marketing App is free to download and use… some people using our software may decide that money has to be spent within their app before being eligible for earnings.

If someone decides to purchase an app using our software, they will be signing up for a 1-year service agreement. If someone decides to purchase ANY other product or service inside The Smartr Marketing App, the prices, terms, fine print, and any other necessary information will be listed inside the product description.

If someone is using our software, and one of their app users decides to purchase ANY product or service inside said app, the prices, terms, fine print, and any other necessary information will be listed inside the product description.

If you are just using an app with Pass the App software to receive income… nothing below this line really pertains to you. If you have purchased the ability to use our software… this applies to you:

Services Provided by The Smartr App Company:

IF BUYING A SERVICE: From the moment the submit button is pressed, the app user (known throughout the document as The Buyer) is formally requesting and AGREES to be provided with the Services (defined below) by The Smartr App Company, LLC. (known throughout the document as The Service Provider or The Smartr App Company), and The Service Provider agrees to provide the Services to the Buyer on the terms and conditions of this Agreement.

The Service Provider shall provide the following services ("Services") to the Buyer in accordance with the terms and conditions of this Agreement:

Services to be provided by The Smartr App Company may include websites, consulting, coaching, calls and webinars, software, mobile application(s), books, CD’s, DVD’s, marketing and branding materials, downloadable or physical intellectual property, and/or development or publishing services to provide The Buyer with said services or property. At any time, The Service Provider may decide to make available additional services which may not be listed here; or subsequently discontinue providing any one of The Services at any time. Prices of all services are subject to change without notice.

Delivery of the Services by The Smartr App Company

The Service Provider shall commence the provision of the Services from the moment a purchase is made. Some development projects require a time of 30 to 90 days from date of purchase in order to provide The Buyer with a working model product. However, many apps using our “Pass the App” software can be delivered within 2 weeks.

Publication projects as well as development projects require paying the requested amount; and also receive all items, content, property to be used inside the project. Basically, you will be using our models, apps, software, etc. to build your company; and any content YOU use from yourself or your company, belongs to you.

*If a monthly recurring payment is made on any purchase, The Services shall be provided to The Buyer for a period defined in the service/product description.

*If a single pay purchase is made, The Services shall be provided to The Buyer within the time frame defined in the service/product description. *If a monthly recurring payment is made on a publication project, the payments will be due until the project is paid in full. If your book has completed the publishing process and comes available online, missed payments on your balance due can result in your book being taken offline. Once any publishing package is paid in full, your book will always remain available in its designated sales channels.

Please also note, your royalty payments for your publication(s) will be sent on a monthly basis, after you have accrued $100 dollars in royalties. If you do not accrue $100 in royalties in one month, your payment will be issued once you accrue a total of at least $100.

If a monthly recurring payment is made on any software/website/mobile application purchase, The Services being provided shall be provided to The Buyer for a period of 1 (one) year from the date of purchase. The price will not increase afterward… a month to month agreement will be initiated indefinitely.

All sales are final. If a return or refund happens to be negotiated, no earnings shall be returned.

Price and Payment info for using Pass the App Software

As consideration for the provision of the Services by the Service Provider, the price for the provision of the Services shall be listed in the Service or product description. If there is a fixed term or price set upon a recurring payment or offer, the price shall remain fixed for the length of the term.

The buyer also understands, if we are building an app with “Pass the App” software, up to 20% of each transaction (Buyer may decide) will be used to cover the earnings network, and 3% may be charged per transaction to cover swipes/merchant processing, and the security structure within the application. The remaining income produced by the application will belong to The Buyer.

The Buyer agrees to pay the purchase price; or monthly recurring purchase price (if applicable) to the Service Provider for a period defined in the purchase description; Any purchases NOT subject to monthly recurring payments SHALL NOT be made to pay them. Any purchases NOT subject to automatic renewal shall not be automatically renewed.

Any price changes of The Services shall not affect the price, or monthly recurring prices of users who are currently up to date on payments, and who are actively working with The Smartr App Company on a service which is being provided.

We require no credit checks, background checks, or income verification for monthly recurring payments.

The Buyer also understands that any services which require a monthly recurring payment are paying for the FULL and ONGOING development or production of said product or service.

By providing The Smartr App Company with a payment method, you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; you also authorize The Smartr App Company to charge you for The Services or available content using your payment method; and authorize The Smartr App Company to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription based or monthly recurring Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring billing/Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.

When you purchase the Services on a monthly recurring/subscription basis (e.g., monthly, every 3 months, every 6 months, or annually (as applicable), you acknowledge and agree that you are authorizing recurring payments, and payments shall be made to The Smartr App Company by the method you have chosen at the recurring intervals chosen by your time of purchase, until the subscription for that Service is terminated by you or by The Smartr App Company.

By authorizing recurring payments, you are authorizing The Smartr App Company to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit/debit card or similar payments) (collectively, "Electronic Payments"). Any subsequent fees are generally billed or charged in advance of the applicable recurring/subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, The Smartr App Company or its service providers reserve the right to collect any applicable return item, rejection, or insufficient funds fee and to process any such payment as an Electronic Payment.

If any returns are made anywhere on our software, no earnings shall be refunded. All earnings paid to users will stay with those users, regardless of when or how the refund is made.

Automatic Renewal: Provided that automatic renewals are allowed in your state, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, The Smartr App Company may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.

Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.

Delivery of the Services by a company using Pass the App Software:

The Service Provider shall commence the provision of the Services from the moment a purchase is made. *If a monthly recurring payment is made on any purchase, The Services shall be provided to The Buyer for a period defined in the service/product description.

*If a single pay purchase is made, The Services shall be provided to The Buyer within the time frame defined in the service/product description. All sales are final; unless otherwise specified by The Buyer. If a return or refund happens to be negotiated, no earnings shall be returned.

Intellectual Property Rights

The Service Provider agrees to grant to the Buyer a non-exclusive, irrevocable, royalty free license to use, copy, and modify any elements of the Material not specifically created for the Buyer as part of the Services. In respect of the Material specifically created for the Buyer as part of the Services, the Service Provider assigns the full title guarantee to the Buyer and any all of the copyright, other intellectual property rights, and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material, the Service Provider shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for the Service Provider and the Buyer. For the purposes of this clause, "Material" shall mean the materials, in whatever form, used by the Service Provider to provide the Services and the products, systems, programs or processes, in whatever form, produced by the Service Provider pursuant to this Agreement. All materials used, unless otherwise specified, are property of The Smartr App Company (The Service Provider) and shall remain property of The Service Provider if this agreement is terminated by either party.

Warranty

The Service Provider represents and warrants that it will perform the Services with reasonable care and skill; and the Services and the Materials provided by the Service Provider to the Buyer under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.

Limitation of Liability

Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.

To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.

Nothing in this clause will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.

Term and Termination

This Agreement shall be effective on the date of purchase and shall continue, unless terminated sooner in accordance with Clause 2.4, until the Completion Date or End Date of the term which began at the time of purchase.

Either Party may terminate this Agreement upon notice in writing if:

the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 60 days of written notice from the other Party so to do; or a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party's assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.

[For European Buyers and Service Providers only] If the Buyer is a consumer and the Distance Selling Directive (97/7/EC) (the "Directive") applies to this Agreement, the Buyer may terminate this Agreement within the relevant timescales prescribed by the regulations or laws in the relevant Member State which implement the requirements of the Directive in respect of a right for the Buyer to withdraw from a contract. In the event of termination in accordance with this Clause 2.4, the liability of the Buyer to the Service Provider shall be as prescribed in the Directive or in any regulations or laws implementing its requirements in the relevant Member States.

Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination. A request of termination of this agreement on the part of The Buyer does not rid The Buyer of their financial obligations to The Smartr App Company until such agreement is approved by The Smartr App Company.

Relationship of the Parties

The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, employment, joint venture, agency relationship, or otherwise between the parties.

Confidentiality

Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

Notices

Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:

i. first class post, 2 days from the date of posting; ii. hand or by facsimile transmission, on the date of such delivery or transmission; and iii. electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.

Miscellaneous

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.

Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended by The Service Provider for any other reason without the prior written notice of its change to The Buyer. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.

Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.

The information and features included in the App are subject to change at any time without notice. By accessing the App, you assume the risk that the information within the App may be changed or removed.

Competing against our company.

We don’t really care how you make money. We don’t like saying things like – “you cannot promote or sell other companies’ sales programs, products or Company functions on websites, emails, texts, general correspondence or anywhere else where The Smartr App is mentioned, or use The Smartr App forms or printed materials or its name, prestige, or drawing power in conjunction with or in support of any other activities.”

What we would like to say though, is – we are putting a lot of time and effort in building companies that are all meant to give back to the people. We do and will have many partners surface, especially since we made the decision to distribute and manage our software to anyone who wants to use it. We ask that if you are going to start using another similar piece of software that surfaces because of this cool ass idea – it comes from our network of partners first. We ARE in it for money – because we want to give the money back to YOU. We realize some competitors may surface regardless. We also realize, there will be a lot of giants who have taken money from our pockets for years – deciding to become more conscious companies. This is our desire – the betterment of society, not to roll a profit for a bunch of shareholders. We will be finding new and improved ways to make your life better; and we are doing it all for YOU. So before you make a decision to harm our company or compete with us – why don’t we consider a partnership together? Just give us a call.

Outside of our partners, The Smartr App Company, LLC. or any of its affiliates cannot endorse any program or software, nor do we condone a user endorsed program without first verifying its products, terms and conditions, reason for being, favorite colors, methods of use, and or legal exposure it would have on you or the Company, or users/buyers/sellers as it relates to local, state and federal statutes.

Any violation or misuse of our software CAN LEAD TO TERMINATION of the user’s position AND any future commissions would be forfeited from us or our partners AND the user account would be placed in a deleted status. (Taking a breath.) Because a user does not “own a position,” but rather is part of a network, the company cannot guarantee a continuance to earn commissions if the Terms and Conditions are violated. Users would be advised to consider the liability of engaging in any activity that puts your commission earning position at risk. The Smartr App Company, LLC. will contact users by one of the following methods: overnight delivery service, certified mail and/or by the email address the user has on file with Company if a violation of these terms has occurred. In addition, no user shall participate in any action that causes another user to violate these terms either.

We reserve the right at any time to:

Change the terms and conditions of this Agreement; Enhance, add to, modify or discontinue the App or other Offerings, or any portion of the App or other Offerings, at any time in our sole discretion. From time to time, we reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove, revise or otherwise change any portion of this Agreement, in whole or in part, at any time. For changes to this Agreement that we consider to be material or substantial, we will place a notice on the App by revising our Terms and Conditions link, to read as "Updated Terms and Conditions" for a reasonable amount of time. If you provide information to us, access or use the App or participate in any Offering in any way after this Agreement has been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of this Agreement will be available on the App and will supersede all previous versions of this Agreement.

Return Policy – one more time…

We don’t give back earnings. Any refunds made will not include earning amounts.

Public or Profile Information

If you provide information to the App, you agree to provide accurate, NON FRAUDULENT or ILLEGAL, current and complete information about you when requested, and you agree to maintain and update such information accordingly. We will use and maintain any information about you that we collect through the App in accordance with our Privacy Policy.

Any interactive areas within the App are provided to give users a means to express their opinions and share their ideas, content, and information through the App. Users who posts content are responsible for the reliability, accuracy, and truthfulness of such content, and we have no control over such. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful, or otherwise unacceptable, and expressly disclaims any responsibility for such material.

We do not and cannot review everything posted by users, and we are not responsible for the content or the views or opinions expressed by the users of the App. Information disclosed in the all-public areas, is by design, revealed to the public. We reserve the right, but are not obligated, to delete, move or edit content, in whole or in part, submitted by you to the App for any reason in our sole discretion. In addition, we may delete, move, edit, or disclose content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend our rights and property or to protect the safety of our users or the public. In no event do we assume any obligation to monitor users or remove any specific material.

You understand that the uploading to and/or posting of any content in a public area shall not be subject to any obligation of confidence on the part of Company, and we shall not be liable for any use or disclosure of any public content either.

Restrictions on Use

In consideration for your use of the App, you agree to comply with the "Community (or public) Guidelines" set forth below. Without limiting our other rights and remedies, individuals who violate the following guidelines may, at our sole discretion, be permanently banned from using the App(s): Harass, stalk or otherwise abuse another user; transmit, post, send, upload, distribute, submit, or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Company and its partners or affiliates), vulgar, obscene, pornographic - or any content that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion); transmit, post, send, upload, distribute, submit, or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual property/rights of any third party; transmit, post, send, upload, distribute, submit, or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with ANYONE’s use and enjoyment of the App; impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the App or forging any false information for any reason; transmit, post, send, upload, distribute, submit, or otherwise make available through the App any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes; or violate any applicable local, state, federal or international law, rule or regulation; participate in any part of the App if you are under the age of 18; transmit, post, send, upload, distribute, submit, or otherwise make available through the App any content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services in any undesignated areas, or without the expressed permission of The Smartr App Company, LLC. or any of its partners or affiliates. You also hereby acknowledge that you are prohibited from soliciting other users to join or become users of any competitor or competing online service, mobile application, or any other organization.Collect or harvest the information of any user or otherwise access the App using automated means (including but not limited to harvesting bots, robots, spiders or scrapers). “frame”, “mirror” or “deep link” any part of the App or other Offerings without our prior written authorization.

We do not endorse user content and specifically disclaim any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any user content provided through the App. By posting or uploading public content in any public area of the App, or by submitting any other content to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person's so-called publicity rights or "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world.

You agree to indemnify us for any and all third party claims, damages, losses, and causes of action arising from or as a result of your posting or uploading any content, or submitting any content to us, or your failure to comply with these guidelines.

Copyright Infringements or Questions

We respect the intellectual property of others and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, The Smartr App Company, LLC. has designated our attorneys to receive notice of claims of copyright infringement on the App. Please email these claims to legal@thesmartrapp.com.

If you believe that any user content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide us with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

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 that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; The exact URL, location, or a description reasonably sufficient to permit us to locate where the alleged infringing material is located within the App(s); Your name, 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 either the copyright owner or authorized to act on the copyright owner's behalf.

Third Party Links

We may provide links to third party websites or resources. Our provision of such links is not an endorsement of any information, product, or service reached through such link. We are not responsible for the content or performance of any portion of any other mobile applications, the Internet including other World Wide Websites to which the App may be linked to from which the App may be accessed. You are requested to inform us of any errors or inappropriate material found on Websites to which this App is or may be linked.

Errors, hackers, and developers – oh my.

Although we attempt to maintain the integrity of the App and other Offerings, we make no guarantee as to the accuracy or completeness of the App or other Offerings. If you believe that you have discovered an error in the App(s) or other Offerings, please contact us at info@thesmartrapp.com and include, if possible, a description of the error, its location, and your contact information. We will make reasonable efforts to address your concerns. If you feel you can improve our App or wish to hack into our system… come work with us. info@thesmartrapp.com

15. Disclaimer of Warranties: Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THIS APP AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

YOU AGREE THAT WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS APP, THE OFFERINGS, THE APP FEATURES AND AVAILABLE UPGRADES, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU. BY ACCESSING THIS APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this App, in any Offering and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. Views and opinions of users of this App do not necessarily state or reflect those of The Smartr App. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available on the App.

The Internet may be subject to breaches of security. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. The same goes with transmissions over mobile and wifi devices. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this App. This App may also be temporarily unavailable due to maintenance or malfunction of computer equipment.

INDEMNIFICATION

BY USING THIS APP YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THIS AGREEMENT OR ANY LAW; YOUR USE OF THIS APP AND/OR THE MATERIAL IN VIOLATION OF THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, PHONE, TABLET, OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY 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 MATTER WITHOUT OUR WRITTEN CONSENT.

Taxes

You, The Smartr App user, are responsible for any and all taxes payable in your resident domicile or jurisdiction, for any income you receive either from The Smartr App Company, LLC., affiliates, or partners.

Contact Us

If you have any questions, comments or concerns about our App(s), any Offerings, or this Agreement, you may contact us at info@thesmartrapp.com.

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