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Terms of Use

Last updated July 7, 2026

1. Introduction

These Terms of Use ("Terms") govern your use of this Website and any related agreement or legal relationship with the Owner in a legally binding manner. Capitalized terms are defined in the Definitions section at the end of this document. Please read this document carefully before using the Service.

This Website is operated by:
‍
‍Smartest Seller LLC
29 Main Street
Logan, UT 84321
United States
‍Owner Contact Email: support@smartscout.com

Note: Some provisions in these Terms apply only to specific categories of Users. Where a clause applies exclusively to Consumers or Business Users, that limitation is explicitly stated. In the absence of any such limitation, all clauses apply to all Users.

The right of withdrawal applies exclusively to European Consumers.

2. General Terms of Use

Unless otherwise specified, the terms detailed in this section apply generally to use of this Website. Additional or specific conditions of use may apply in certain scenarios and are indicated within the relevant sections of this document.

By using this Website, Users confirm they meet the following requirements:

  • There are no restrictions on Users with respect to their classification as Consumers or Business Users.

2.1 Account Registration

To access the full Service, Users may register and create a User account by providing all required data in a complete and truthful manner. Users may access certain features of the Service without registering; however, the availability of features may be limited in such cases.

Users are responsible for maintaining the confidentiality of their login credentials and for choosing passwords that meet the highest strength standards permitted by this Website. By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users must immediately notify the Owner using the contact information provided in this document if they believe their personal information, User account, access credentials, or personal data have been compromised, unlawfully disclosed, or stolen.

2.2 Account Termination by User

Users may terminate their account and discontinue use of the Service at any time by contacting SmartScout directly using the contact details provided in this document.

2.3 Account Suspension and Deletion by Owner

The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without prior notice if such accounts are deemed inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of a User account shall not entitle the User to any claim for compensation, damages, or reimbursement. Suspension or deletion resulting from conduct attributable to the User does not exempt the User from paying any applicable fees or charges.

3. Content on This Website

Unless otherwise specified or clearly identifiable as third-party content, all content available on this Website is owned by or licensed to the Owner. The Owner endeavors to ensure that all content on this Website complies with applicable law and does not infringe third-party rights. However, this cannot always be guaranteed. Users who identify potentially infringing content are encouraged to notify the Owner using the contact details provided in this document.

SmartScout does not aggregate Authorized Users' business data for use by any other party. Data collected from Authorized Users is used solely to benefit those Authorized Users.

3.1 Intellectual Property — All Rights Reserved

The Owner holds and reserves all intellectual property rights in the content available on this Website. Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, assign to third parties, or create derivative works from such content without the Owner's express prior written consent. Users may not permit any third party to do so through the User or their device.

Where explicitly stated on this Website, Users may download, copy, and/or share certain content for personal, non-commercial use only, provided all copyright and attribution notices are properly maintained. Applicable statutory limitations or exceptions to copyright remain unaffected.

3.2 Access to External Resources

This Website may provide Users with access to external resources operated by third parties. The Owner has no control over such resources and is not responsible for their content or availability. Use of third-party resources is governed by those third parties' own terms and conditions, or by applicable law where no such terms exist.

4. Acceptable Use

This Website and the Service may only be used in accordance with these Terms and applicable law. Users are solely responsible for ensuring that their use of this Website and the Service does not violate any applicable laws, regulations, or third-party rights.

The Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying access to the Service, terminating contracts, and reporting misconduct to competent authorities, whenever a User engages in or is suspected of engaging in any of the following:

  • Violating applicable laws, regulations, or these Terms;

  • Infringing any third-party rights;

  • Materially impairing the Owner's legitimate interests; or

  • Offending the Owner or any third party.

4.1 Number of Users Policy

Use of SmartScout's services is strictly limited to the number of users specified in the Customer's admin account. Each User account is assigned to a specific individual and may not be shared, transferred, or used by multiple individuals. Unauthorized sharing or use of User accounts in violation of this policy is strictly prohibited and may result in immediate suspension or termination of services without refund.

By continuing to use SmartScout's services, the Customer agrees to comply with this Number of Users Policy in addition to all other terms and conditions set forth in applicable agreements.

5. Terms and Conditions of Sale

5.1 Paid Products

Some Products available on this Website are provided on a paid basis. The applicable fees, duration, and conditions for purchasing such Products are described in the relevant sections of this Website.

5.2 Product Descriptions

Prices, descriptions, and availability of Products are outlined in the respective sections of this Website and are subject to change without notice. Product representations on this Website, including graphics, images, and other media, are for reference purposes only and do not constitute a warranty regarding the characteristics of the purchased Product. The specific characteristics of a selected Product will be outlined during the purchasing process.

5.3 Purchasing Process

The purchasing process includes the following steps:

  • Users must select the desired Product and review their purchase selection.

  • After reviewing the purchase details, Users may place the order by submitting it.

5.4 Order Submission

When a User submits an order:

  • Submission of an order constitutes conclusion of a contract and creates an obligation for the User to pay the applicable price, taxes, and any additional fees or expenses specified on the order page.

  • If the purchased Product requires action from the User (e.g., provision of personal data, specifications, or special requests), order submission creates a corresponding obligation to cooperate.

  • Upon submission, Users will receive a confirmation receipt via the email address provided.

5.5 Prices

Before submitting an order, Users will be informed of all applicable fees, taxes, and costs. Prices displayed on this Website may be shown either inclusive or exclusive of applicable taxes and costs, depending on the section the User is browsing.

5.5 Prices

Before submitting an order, Users will be informed of all applicable fees, taxes, and costs. Prices displayed on this Website may be shown either inclusive or exclusive of applicable taxes and costs, depending on the section the User is browsing.

5.6 Methods of Payment

Accepted payment methods are disclosed during the purchasing process. Certain payment methods may be subject to additional conditions or fees, which will be described in the relevant section of this Website. All payments are processed independently by third-party payment service providers. This Website does not collect or store payment information such as credit card details; it receives only a notification confirming that payment has been successfully completed.

If a payment fails or is refused by the payment service provider, the Owner is under no obligation to fulfill the purchase order and reserves the right to seek recovery of any related costs or damages from the User.

5.7 Retention of Ownership and Usage Rights

Title to any ordered Products does not transfer to the User until full payment of the purchase price has been received by the Owner. Similarly, Users do not acquire rights to use a purchased Product until full payment has been received.

5.8 Contractual Right of Cancellation

The Owner grants Users a contractual right to cancel a purchase within 7 days of concluding the contract, subject to the conditions described in the relevant section of this Website.

6. Delivery

6.1 Digital Content

Unless otherwise stated, digital content purchased on this Website is delivered via download to the device(s) selected by the User. Users acknowledge and accept that the device(s) and associated software (including operating systems) must be lawfully licensed, commonly used, up-to-date, and consistent with current market standards. Users acknowledge that the ability to download purchased content may be limited in time or geography.

6.2 Performance of Services

Purchased services will be performed or made available within the timeframe specified on this Website or communicated prior to order submission.

7. Contract Duration and Subscriptions

7.1 Open-Ended Subscriptions

Paid subscriptions commence on the date payment is received by the Owner. Users must pay the applicable recurring fee on time to maintain their subscription. Failure to do so may result in service interruptions.

7.2 Termination of Open-Ended Subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or by using the applicable controls within the Service. Terminations take effect 14 days after the Owner receives the notice.

8. User Rights

8.1 Right of Withdrawal — European Consumers

Unless an exception applies, Users who qualify as European Consumers are granted a statutory right of withdrawal under EU law. Such Users may withdraw from contracts entered into online (distance contracts) within 14 days of the date the contract was concluded, for any reason and without justification. Users who do not qualify as European Consumers are not entitled to the rights described in this section.

To exercise the right of withdrawal, Users must send the Owner an unequivocal statement of their intention to withdraw, either using the model withdrawal form in the Definitions section or in any other suitable written form, before the 14-day withdrawal period expires.

In the case of the purchase of digital content not supplied on a tangible medium, the withdrawal period expires 14 days after the contract is concluded, unless the User has waived this right.

Users who validly exercise their right of withdrawal will receive a full refund of all payments made to the Owner, including standard delivery costs, within 14 days of the Owner being informed of the withdrawal decision. Refunds will be made using the same payment method used for the original transaction, at no additional cost to the User.

8.2 Right to Cancel — UK Users

The right to cancel does not apply to contracts concluded through this Website due to the nature of the products and services offered. Users acknowledge and accept this limitation.

8.3 Right of Regret — Brazilian Consumers

Users who qualify as Consumers in Brazil have a statutory right of regret under Brazilian law, allowing them to withdraw from contracts entered into online or away from business premises within 7 days of the contract date or receipt of the product or service, for any reason and without justification.

To exercise this right, Users must send the Owner an unequivocal statement of withdrawal before the 7-day period expires. For digital content purchases, the right of regret expires 7 days after the contract is entered into, provided the digital content has not yet been delivered to or integrated into the Consumer's device.

Users who validly exercise the right of regret will receive a full refund of all payments made to the Owner, including standard delivery costs, within 14 days of the Owner receiving the withdrawal notice or the return of the product, whichever is later. Refunds will be made using the same payment method as the original transaction, at no cost to the User.

9. Guarantees

9.1 UK Consumers — Conformity

Users in the United Kingdom who qualify as Consumers have a statutory right to receive goods that conform to the contract.

9.2 Brazilian Consumers — Legal Guarantee

The legal guarantee applicable to goods and services sold through this Website to Brazilian Consumers is as follows, in accordance with the Brazilian Consumer Protection Code:

  • Non-durable goods and non-durable services: 30-day guarantee from the date of delivery or completion of service;

  • Durable goods and durable services: 90-day guarantee from the date of delivery or completion of service.

The guarantee does not apply in cases of misuse, natural events, or maintenance performed by parties other than the Owner. Warranty claims may be submitted through the contact channels provided by the Owner. Where applicable, the Owner will bear the cost of shipping goods for technical assessment. The Owner may also offer an additional contractual warranty at its discretion.

9.3 Money-Back Guarantee

Without prejudice to applicable statutory rights, the Owner grants Users the right to cancel the purchase of a service with which they are unsatisfied and receive a full refund within 7 days of the date the contract was entered into.

SmartScout’s 7-day money-back guarantee applies exclusively to new customers and is limited to one-time use per customer within the first seven days of account creation. This guarantee does not apply to any customer who has previously received a refund under this offering.

To request a refund, Users must send an unambiguous notice to the Owner. While no reason is required, Users are encouraged to provide one. Upon receipt, the Owner will verify eligibility and, if applicable, issue a refund. Users will lose access to the purchased service upon issuance of the refund. The above does not affect any rights Users may have under applicable law in the event of a lack of conformity.

10. Liability and Indemnification

10.1 Australian Users

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that Users may have under the Competition and Consumer Act 2010 (Cth) or equivalent state or territory legislation that cannot be excluded, restricted, or modified by agreement. To the fullest extent permitted by law, the Owner’s liability for breach of any non-excludable right is limited, at the Owner’s discretion, to re-performance of the relevant services or payment of the cost of having the services supplied again.

10.2 US Users — Disclaimer of Warranties

THIS WEBSITE AND THE SERVICE ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT THE USER'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

The Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, partners, suppliers, and employees do not warrant that: (a) the content is accurate, reliable, or correct; (b) the Service will meet Users' requirements; (c) the Service will be available at any particular time, without interruption, or securely; (d) any defects or errors will be corrected; or (e) the Service is free of viruses or other harmful components.Federal law and certain state laws do not allow the exclusion of certain implied warranties. The above exclusions may not apply to all Users. This Agreement grants Users specific legal rights, and Users may also have other rights that vary by jurisdiction.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, the Owner, its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, and employees shall not be liable for:

  • Any indirect, punitive, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses arising out of or relating to use of or inability to use the Service;

  • Damage, loss, or injury resulting from hacking, tampering, or unauthorized access to the Service or User account;

  • Errors, mistakes, or inaccuracies in content;

  • Personal injury or property damage resulting from use of or access to the Service;

  • Unauthorized access to or use of the Owner’s servers or any personal information stored therein;

  • Interruption or cessation of transmission to or from the Service;

  • Bugs, viruses, trojan horses, or similar harmful code transmitted through the Service;

  • Errors or omissions in any content, or loss or damage resulting from use of content posted, emailed, or otherwise made available through the Service; or

  • Defamatory, offensive, or illegal conduct by any User or third party.

In no event shall the Owner’s total aggregate liability to any User exceed the amount paid by that User to the Owner in the preceding 12 months, or the duration of the agreement between the parties, whichever is shorter. Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages; accordingly, the above limitations may not apply to all Users.

10.4 Indemnification

The User agrees to defend, indemnify, and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, partners, suppliers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • The User’s use of and access to the Service, including any data or content transmitted or received;

  • The User’s violation of these Terms, including breach of any representations or warranties herein;

  • The User’s violation of any third-party rights, including privacy or intellectual property rights;

  • The User’s violation of any applicable law, rule, or regulation;

  • Any content submitted from the User’s account, including content submitted by third parties using the User’s credentials; or

  • The User’s willful misconduct.

11. Data Protection and Privacy (GDPR)

Where Users are located in the European Union or European Economic Area, the following provisions apply in addition to all other terms in this document.

11.1 Data Controller

For the purposes of the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Owner acts as the data controller for personal data collected through this Website. Contact details are provided in the Introduction section of this document.

11.2 Lawful Basis for Processing

The Owner processes personal data on one or more of the following lawful bases:

  • Performance of a contract (Article 6(1)(b) GDPR): processing necessary to provide the Service and fulfill contractual obligations;

  • Legitimate interests (Article 6(1)(f) GDPR): processing necessary for the Owner’s legitimate business interests, provided such interests are not overridden by the User’s rights;

  • Compliance with a legal obligation (Article 6(1)(c) GDPR): processing required by applicable law; and

  • Consent (Article 6(1)(a) GDPR): where the User has provided explicit consent for a specific processing purpose.

11.3 Data Subject Rights

European Users have the following rights regarding their personal data:

  • Right of access: to obtain confirmation of whether personal data is being processed and to receive a copy;

  • Right to rectification: to request correction of inaccurate or incomplete personal data;

  • Right to erasure ("right to be forgotten"): to request deletion of personal data under certain circumstances;

  • Right to restriction of processing: to request that processing be limited in certain circumstances;

  • Right to data portability: to receive personal data in a structured, commonly used, machine-readable format;

  • Right to object: to object to processing based on legitimate interests or for direct marketing purposes; and

  • Right to withdraw consent: to withdraw previously given consent at any time, without affecting the lawfulness of processing prior to withdrawal.

To exercise any of the above rights, Users may contact the Owner using the contact details provided in this document. The Owner will respond within 30 days of receiving a verifiable request. Users also have the right to lodge a complaint with a supervisory authority in their country of residence.

11.4 Data Transfers

If the Owner transfers personal data outside the European Economic Area, it will ensure appropriate safeguards are in place, such as Standard Contractual Clauses adopted by the European Commission or another valid transfer mechanism under the GDPR.

11.5 Data Retention

The Owner retains personal data only for as long as necessary to fulfill the purposes for which it was collected, to comply with legal obligations, resolve disputes, and enforce agreements. Users may request information about specific retention periods by contacting the Owner.

11.6 Privacy Policy

For full details regarding the collection, use, and processing of personal data, Users should refer to the Owner’s Privacy Policy, available on this Website. In the event of any conflict between this section and the Privacy Policy, the Privacy Policy shall govern with respect to data protection matters.

12. Marketing and Communications Policy

By providing contact information through this Website (including newsletter signup, content download, webinar registration, or free account creation), Users consent to receiving marketing communications from SmartScout as described in this section. This section complies with the CAN-SPAM Act, GDPR (where applicable), and CCPA (where applicable).

12.1 What We Send

SmartScout sends marketing emails a few times per week. Content may include Amazon category data, seller intelligence, product launch summaries, and relevant promotional offers. We do not send daily emails or use misleading urgency tactics. Users may also be served SmartScout advertisements on LinkedIn, Meta, and Google via standard retargeting pixels if they have previously visited the Website. Users may opt out of retargeting through each platform’s respective ad settings.

12.2 How We Obtained Your Contact Information

SmartScout collects contact information only through direct User-initiated actions, such as completing a form, registering an account, downloading content, or signing up for a webinar. We do not purchase, rent, or scrape contact lists. Users who receive communications they did not knowingly opt into should contact us at support@smartscout.com and we will resolve the matter promptly.

12.3 How to Opt Out

Every marketing email contains a clearly visible unsubscribe link. Users may also opt out by contacting support@smartscout.com. Opt-out requests will be processed within 10 business days, in accordance with CAN-SPAM requirements. Users will continue to receive transactional communications, including billing receipts and account security notices, as these are not marketing communications and are required for the operation of the Service.

12.4 Use of Contact Data

SmartScout uses contact information and engagement data (such as email opens, link clicks, and content downloads) to deliver relevant content and, where appropriate, for sales outreach. Email communications are managed through HubSpot. Retargeting is conducted via standard advertising pixels from Google, Meta, and LinkedIn. SmartScout does not sell User contact data and does not share it with unaffiliated third parties for their own marketing purposes.

12.5 Promotions and Referrals

Discount offers are issued to a specific account and are non-transferable. Unless otherwise stated, promotional offers may not be combined with other discounts. Referral rewards are issued only after the referred account has been verified and is in active paying status. Program-specific terms will be disclosed at the time of enrollment.

12.6 Testimonials and Case Studies

Where a User has provided express written consent to participate in a case study or testimonial, SmartScout may use the User’s name, company name, and provided quotes in marketing materials. Users may withdraw this consent at any time by contacting marketing@smartscout.com. SmartScout will remove the relevant content from active marketing channels within 30 days of receiving such a request.

12.7 Amazon Marketplace Data

Any Amazon sales estimates, brand revenue figures, or category data published in SmartScout’s marketing materials are derived from SmartScout’s proprietary data model. Such figures are estimates only, are not sourced from or endorsed by Amazon, and do not constitute a guarantee of accuracy. Users should treat this data as directional intelligence rather than definitive commercial data.

12.8 Changes to This Section

If SmartScout makes material changes to this Marketing and Communications Policy, Users will be notified by email prior to those changes taking effect.

13. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act ("CPRA"). These rights include:

  • The right to know what personal information is collected, used, shared, or sold;

  • The right to delete personal information held by the Owner (subject to certain exceptions);

  • The right to correct inaccurate personal information;

  • The right to opt-out of the sale or sharing of personal information; and

  • The right to non-discrimination for exercising your privacy rights.

SmartScout does not sell personal information to third parties. To submit a verifiable consumer request or for further information, please contact the Owner using the details provided in this document. The Owner will respond within 45 days of receiving a verifiable request. This period may be extended once by an additional 45 days where reasonably necessary, with prior notice to the User.

13.1 No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision. No waiver shall be construed as a continuing or future waiver of the same or any other term.

13.2 Service Interruption

The Owner reserves the right to interrupt the Service for maintenance, system updates, or other changes, with appropriate advance notice to Users where practicable. The Owner may also suspend or discontinue the Service entirely. In the event of discontinuation, the Owner will work cooperatively with Users to enable withdrawal of personal data and will respect Users’ rights regarding continued use and compensation as required by applicable law. The Service may also be unavailable due to events outside the Owner’s reasonable control, including force majeure events such as infrastructure failures or power outages.

13.3 Service Reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website or the Service without the Owner’s express prior written permission, whether granted directly or through an authorized reselling program.

13.4 Intellectual Property Rights

All intellectual property rights related to this Website — including copyrights, trademarks, patents, and design rights — are the exclusive property of the Owner or its licensors and are protected by applicable laws and international treaties. All trademarks, service marks, trade names, logos, and other identifying marks displayed on this Website remain the exclusive property of the Owner or its licensors.

13.5 Changes to These Terms

The Owner reserves the right to amend or modify these Terms at any time. Users will be notified of material changes in an appropriate manner. Changes take effect from the date communicated to Users. Continued use of the Service following such notification constitutes acceptance of the revised Terms. Users who do not wish to be bound by the revised Terms must stop using the Service and may terminate their agreement with the Owner. Where legally required, the Owner will provide advance notice before modified Terms take effect.

13.6 Assignment of Contract

The Owner may transfer, assign, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Users may not assign or transfer their rights or obligations under these Terms without the Owner’s prior written consent.

13.7 Contacts

All communications relating to use of this Website must be sent to the Owner using the contact information provided in this document.

13.8 Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

US Users: Any invalid or unenforceable provision will be interpreted and reformed to the extent necessary to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire agreement between Users and the Owner regarding the subject matter hereof and supersede all prior communications and agreements.

EU Users: Where a provision is found to be void, invalid, or unenforceable, the parties shall endeavor in good faith to agree on valid and enforceable substitute provisions. If no agreement is reached, applicable statutory provisions will apply to the extent permitted by law. The invalidity of one provision shall not affect the validity of the remaining Terms, unless the affected provision is fundamental to the agreement.

13.9 Governing Law

These Terms are governed by the laws of the jurisdiction in which the Owner is based, as disclosed in this document, without regard to conflict of laws principles.

Notwithstanding the above, where the law of the country in which the User is located provides higher applicable consumer protection standards, those higher standards shall prevail.

Brazilian Consumers: If the User qualifies as a Consumer in Brazil and the product or service is commercialized in Brazil, Brazilian law shall apply.

13.10 Venue and Jurisdiction

Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the jurisdiction in which the Owner is based.

Exception — European, UK, Swiss, Norwegian, and Icelandic Consumers: The above exclusive jurisdiction clause does not apply to Users who qualify as Consumers in the EU, United Kingdom, Switzerland, Norway, or Iceland.

Exception — Brazilian Consumers: The above exclusive jurisdiction clause does not apply to Users in Brazil who qualify as Consumers.

13.11 Online Dispute Resolution — EU Consumers

The European Commission has established an online platform for alternative dispute resolution (ODR), available at ec.europa.eu/consumers/odr. European Consumers and Consumers based in Norway, Iceland, or Liechtenstein may use this platform to resolve disputes arising from online contracts.

14. Definitions and Legal References

This Website (or Application)

The digital property that enables provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Brazilian (or Brazil)

Refers to a User who is physically located in Brazil, regardless of nationality.

Business User

Any User who does not qualify as a Consumer under applicable law.

Consumer

Any User who qualifies as a consumer under applicable law in their jurisdiction.

European (or Europe)

Refers to a User who is physically located in the European Union, regardless of nationality.

Owner (or We)

The natural person(s) or legal entity that operates this Website and provides the Service to Users. Refers to Smartest Seller LLC.

Product

Any good or service available through this Website, including physical goods, digital files, software, booking services, and other product types separately defined herein.

Service

The service provided by this Website as described in these Terms.

Terms

All provisions applicable to use of this Website and the Service, as described in this document, including all related documents and agreements, as updated from time to time.

United Kingdom (or UK)

Refers to a User who is physically located in the United Kingdom, regardless of nationality.

User (or You)

Any natural person or legal entity that accesses or uses this Website.

Appendix A — Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from a contract.)

Addressed to:
Smartest Seller LLC
29 Main Street
Logan, UT 84321
United States
support@smartscout.com

I/We hereby give notice that I/we withdraw from my/our contract of sale for the following goods/services:Description of goods/services: ________________________________________________Ordered on: ________________________________________________Received on: ________________________________________________Name of consumer(s): ________________________________________________Address of consumer(s): ________________________________________________Date: ________________________________________________Signature (if submitting this form on paper): ________________________________________________

Terms of Use

Last updated April 13, 2021

AGREEMENT TO TERMS

SmartScout", “we”, “us”, or “our”), concerning your access to and use of the http://www.smartscout.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SmartScout, doing business as SmartScout ("

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

We accept the following forms of payment:
   - Visa
    - Mastercard
    - American Express
    - Discover

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

FREE TRIAL

We offer a 7-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.

Trial Limitations

While you can use most features during a trial, you'll want to keep these limitations in mind:
   - Premium features unavailable during your trial include the export feature and seller growth filters.

What Happens When My Trial Ends?

When your trial expires, you'll be charged your subscription amount with the subsequent billing you have chosen (monthly or annually).  You will then be granted access to features that were not available during your trial.

CANCELLATION

You may cancel your account at any time to prevent the renewal of your Subscription. You can do this on Your own within your account or You can contact Us at the email below. If You are not requesting a refund, Your account will remain active until the end of Your billing period but will not renew.

If you are unsatisfied with our services, please email us at support@smartscout.com.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  2. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  3. Engage in unauthorized framing of or linking to the Site.

  4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  5. Make improper use of our support services or submit false reports of abuse or misconduct.

  6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  7. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

  8. Attempt to impersonate another user or person or use the username of another user.

  9. Sell or otherwise transfer your profile.

  10. Use any information obtained from the Site in order to harass, abuse, or harm another person.

  11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

  12. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

  13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

  14. Delete the copyright or other proprietary rights notice from any Content.

  15. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

  17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

  19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  20. Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

  4. Your Contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  9. Your Contributions do not violate any applicable law, regulation, or rule.

  10. Your Contributions do not violate the privacy or publicity rights of any third party.

  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and to be entirely performed within the State of Utah, without regard to its conflict of law principles.

DISPUTES

In the event of a customer disputing  three (3) or more payments from their SmartScout account, SmartScout reserves the right to terminate the subscription at their own discretion. This is to ensure that unwanted payments do not continue and the appropriate arrangement between SmartScout and the customer remains intact.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cache County, Utah. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Cache County, Utah, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

SmartScout
29 Main St Suite A
Logan, UT 84321
United States
Phone:
4357643480
support@smartscout.com

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

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