Terms Of Use
TheSmartyShopper, LLC (“we,” “us,” or “our”) operates the website thesmartyshopper.com and any other affiliated sites displaying related content we create (collectively, the “Sites”). These Sites offer content centered around saving and earning money. By accessing and using any of the Sites, you agree to and accept these Terms & Conditions, along with our Privacy Policy and any additional terms, conditions, and policies posted on the Site (collectively, the “Agreement”). If you do not fully agree to the terms of this Agreement, you are not authorized to visit or use any of the Sites.
Mandatory Arbitration
These Terms & Conditions contain a mandatory arbitration clause, outlined below, that requires you to individually resolve all disputes or claims with us, our parent company, related parties, advertiser clients, and marketing partners (collectively, “Marketing Partners”) who are third-party beneficiaries of the mandatory arbitration clause. For instance, if you give prior express written consent to receive telemarketing communications, any claims related to telemarketing messages you receive will be subject to the mandatory arbitration clause. This provision also waives your right to participate in any class action or multi-party arbitration. There are two narrow exceptions to the arbitration requirement: (1) you may opt-out by sending written notice within thirty (30) days of registering on a Site, and (2) you may opt-out by filing a claim in Small Claims Court, provided you meet certain requirements outlined below.
1. How the Sites Work
The Sites are designed to offer content focused on saving and earning money, such as product samples, surveys, sweepstakes, coupons, freebies, on-demand jobs, and other general interest topics (“Content”). We also provide links to various sweepstakes, many operated by us or our affiliates, and display ads through Google AdSense and other third-party providers that we believe our visitors may find relevant. Our advertising partners may compensate us for displaying their ads or connecting them with interested users.
In the future, we may offer additional services and content, and these terms will be updated accordingly.
2. No Warranties or Representations
The Content, offers for goods and services, and any other information, documents, graphics, or images displayed on a Site (collectively, “Site Content”) are provided by us, our affiliates, marketing partners, and other third parties (collectively, “Content Providers”) and may contain inaccuracies, typographical errors, or other mistakes. We do not commit to updating or correcting any errors on the Sites.
You acknowledge that a Site may be inaccessible or inoperable at times due to reasons such as: (a) equipment or communication malfunctions; (b) periodic maintenance, repairs, or administrative updates; or (c) causes beyond our control or not foreseeable. We are not liable for any such periods of inaccessibility or operational issues.
EXCEPT AS EXPLICITLY STATED IN THESE TERMS & CONDITIONS, NEITHER WE NOR ANY CONTENT PROVIDER MAKES ANY SPECIFIC PROMISES ABOUT THE SITES OR THE SITE CONTENT. WE PROVIDE THE SITES AND SITE CONTENT ON AN “AS IS, AS AVAILABLE” BASIS.
Some jurisdictions offer certain warranties, such as implied warranties of merchantability, fitness for a specific purpose, and non-infringement. To the extent permitted by law, we disclaim all such warranties.
3. Privacy Policy & Confidentiality
Our Privacy Policy governs the collection and use of the information you provide us or that we obtain through your use of a Site, as well as our respective rights to that information. Please review our Privacy Policy before using the Sites. By using a Site, you agree to the terms of our Privacy Policy.
As mentioned in the Privacy Policy, we cannot guarantee the confidentiality of your use of the Site. We are not liable for any harm you or others may suffer as a result of a breach of confidentiality stemming from your use of a Site.
4. User-Generated Content
The Sites may allow you to submit comments or other user-generated content. By providing such content, you grant us a worldwide, irrevocable license to use and publish the content and identify you as the source, typically by using your first name, the initial of your last name, and your city and state of residence. You also represent that you have all necessary rights to the content, and that our use will not violate any third-party intellectual property rights.
5. Eligibility
The Sites are intended for use by U.S. residents aged 13 and older. We do not guarantee that all Site Content and services are appropriate or available outside the United States, and accessing the Sites from certain locations may be illegal. You agree not to access the Sites or any Site Content where it is prohibited by law, and you are responsible for complying with applicable local laws.
6. Equipment
You are solely responsible for providing and maintaining all hardware, software, and other equipment necessary to access and use a Site, including internet access, web browsers, and other required services.
7. Proprietary Rights
The Sites and Site Content are provided for personal, non-commercial use only. You agree not to copy, distribute, display, transmit, reverse-engineer, or create derivative works of any portion of a Site for any purpose. Portions of the Sites are protected by intellectual property laws, and we retain all rights to this content. Unauthorized use is strictly prohibited.
Some services and content on the Sites are proprietary to third parties, and their use is subject to the respective third-party’s terms.
8. Third-Party Links and Sites
The Sites may contain links to third-party websites. We make no warranties about the accuracy, integrity, or authenticity of information on these websites and do not endorse or take responsibility for third-party goods, services, or content. You should review the terms and policies of any third-party website you visit.
Some linked sites may contain objectionable content or malware. You assume all responsibility for any content on these websites or any damages resulting from their use.
9. Fraud Prevention
We prohibit user fraud and abuse on the Sites. By using a Site, you represent that all information you provide is accurate and that you are not violating any laws or these Terms & Conditions. We may take action, such as disabling your account, if we detect unusual or fraudulent activity, such as excessive link-clicking or attempts to circumvent security features.
10. Governing Law
These Terms & Conditions are governed by the laws of the State of New York, regardless of conflicts of law provisions.
11. Arbitration & Dispute Resolution
You agree to resolve any claims related to the Agreement through arbitration. Disputes can be initiated by filing a Demand for Arbitration online through the American Arbitration Association (AAA). The arbitrator will have exclusive authority over disputes related to the Agreement, including whether the arbitration clause applies to a particular claim.
There are two exceptions to arbitration: you may opt-out within thirty (30) days of registering on a Site by sending written notice, or you may pursue claims in Small Claims Court if the claim qualifies.
12. Limitation of Liability
To the extent permitted by law, we and our partners are not liable for lost profits, revenues, data, or any indirect, special, or punitive damages. Our total liability for any claims is limited to the amount you paid to use the Sites.
13. Indemnification
You agree to indemnify and hold us, our shareholders, directors, employees, and agents harmless from any claims or damages arising from your use of the Sites or violation of these Terms & Conditions.
14. Severability
If any provision of these Terms & Conditions is deemed unenforceable, it will be severed from the rest of the Agreement, and the remaining provisions will remain in effect.