To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you will be asked to provide your first and last name, and an email address and select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We may require you to change your user name or password if we think it is necessary for security or other reasons. You will be responsible for preserving the confidentiality of your password and we strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication, including unsolicited correspondence such as letters, phone calls, or e-mail messages. You agree to notify us of any known or suspected unauthorized use of your account.
Acceptance of Terms and Conditions
The terms and conditions in this Website Agreement govern your use of this website. By using this website, you agree that you have read, understand, accept, and are bound by all of the terms and conditions in this Website Agreement, and you agree not to use this website in contravention of these terms and conditions.
In compliance with the Children’s Online Privacy Protection Act, SmartWay does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.
The SmartWay family is made up of several companies, or “affiliates.” As of the date of this Notice, these companies include, but are not limited to:
SmartWay of Tennessee, LLC
When we use the term SmartWay, us, or we in this Website Agreement, it refers to SmartWay and any or all of our affiliates.
Accuracy of Website Information
SmartWay designed this website to provide you with information about how our program works and allow you to browse our products and brands. However, some inaccuracies may occasionally be present. Further, SmartWay reserves the right to change product pricing and specifications, as well as the terms of our guarantees, warranties, and leasing options without notice. In addition, you understand and agree that the information provided on this website is advertising only and in no way constitutes an offer for the sale of goods or to provide a service. To this end, and to the extent permitted by applicable law, SmartWay will not be responsible for errors found on this website, including but not limited to, pricing errors or an incorrect statement of available items or brands.
Ownership and Proprietary Rights
All information contained in this website, unless otherwise stated, is owned solely and exclusively by SmartWay. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, SmartWay has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of SmartWay. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other “hidden text” utilizing SmartWay’s name or trademarks without the express written consent of SmartWay. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited. You shall not upload to, distribute, or otherwise publish through this website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
No Unlawful or Prohibited Use
As a condition of your use of SmartWay’s website, you warrant to use that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions or notices. You may not use our Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website, including in a manner that is described in the Ownership and Proprietary Rights section.
SMARTWAY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SMARTWAY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. SMARTWAY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SMARTWAY WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Usage and Ownership of Customer Information
Links to Third Party Websites
While using this website, you may choose to link to third-party websites that are not affiliated with SmartWay. SmartWay is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of SmartWay, and SmartWay does not endorse the contents of these third-party websites in any way. Also, SmartWay is not responsible for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential. SmartWay is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.
The website may include access and services available from a mobile device, including the ability to access the website from your mobile device; the ability to upload to the website from a mobile device; and the ability to receive and reply to messages, and send content and messages using chat software and text messaging. SmartWay does not charge a fee for these mobile services. Your mobile device carrier’s normal messaging, data, and other rates and fees still apply. You should contact your carrier for information on mobile usage rates and fees. By using SmartWay’s mobile services, you agree that SmartWay can communicate with you by SMS, MMS, text messages and/or other electronic means to your mobile device and that certain information about your usage of SmartWay’s mobile services may be communicated to SmartWay.
This website may be accessed from countries other than the United States and may contain products and services or references to products and services, which are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Legal Disputes and Choice of Law
If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the State of Tennessee will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect. By using this Website, you expressly agree and submit to personal jurisdiction and exclusive venue in the state and federal courts located in the State of Tennessee, County of Knox, City of Knoxville.
Violations of Website Agreement
In the event you violate or attempt to violate any part of this Website Agreement, SmartWay reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.
You agree to indemnify, defend, and hold harmless SmartWay from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.
Severability and Integration
In the event any part of this Website Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Website Agreement represents the entire agreement governing your use of this website.
Reservation of Rights
Last updated May 22, 2018