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Terms of Use

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY.

By accessing the smartmilesusa.com website (“Website”), you agree that this Terms of Use Agreement (“Agreement”), including the Privacy Policy hereby incorporated into this Agreement by reference, form a binding agreement between you and Smart Miles, Inc. If you do not wish to be bound by this Terms of Use Agreement, do not use this Website.

This Website is owned by Smart Miles, Inc. 2400 W. Copans Road, Unit 10, Pompano Beach, FL 33069 (referred to below as “Smart Miles,” “we,” or “us”). We may change the Terms of Use Agreement at any time by posting a revised version on this website. You are responsible for periodically reviewing changes to this Agreement, which you can do by clicking on the “Terms of Use” or similar link. If you do not agree to changes made to the Terms of Use Agreement, your only remedy is to discontinue use of the Website and to cancel your account.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Smart Miles, Inc. reserves the right to modify, refuse, suspend or discontinue the Website with or without notice at any time, for any reason, and without any liability. PLEASE SEE OTHER DISCLAIMERS BELOW.

When you complete the registration process, you create an account and become a member. Your Account allows you to make purchases via the Website. To create an account, you must select a login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Agreement. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your computer system or related system. You may not reveal your password to other users. You agree to indemnify and hold Smart Miles, Inc. harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates this Agreement. You consent that Smart Miles, Inc. may provide you with required notices, benefits and other information through electronic disclosure via email and postings on the Website, or at the email address provided at the time of sign up (or as amended at the Website by you from time to time).

Smart Miles, Inc. may provide links to other websites. Some of these websites may charge separate fees, which are not included in any fees that you may pay to us. Smart Miles, Inc. may also provide access to or through third-party vendors who provide content, goods and or services. Any separate charges or obligations which you incur in your dealings with these third parties are your responsibility.

Smart Miles, Inc. and you both have the right to terminate or cancel your account at any time. You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Smart Miles, Inc.’s enforcement or application of this Agreement; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

Copyright Infringement Notice. The Website is controlled and operated by Smart Miles, Inc. The Website and all materials on the Website, including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by Smart Miles, Inc. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Website is the exclusive property of Smart Miles, Inc. and is protected by U.S. and foreign laws and international copyright treaties. Material from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of Smart Miles, Inc.'s Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of Smart Miles, Inc.'s copyrights and other proprietary rights and is strictly prohibited.

Notification and Procedure for Making Claims of Copyright Infringement. You may notify Smart Miles, Inc. if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), Smart Miles, Inc. has designated a Copyright Agent to receive any such notification. Smart Miles, Inc.’s Copyright Agent may be contacted at:

Smart Miles, Inc.
c/o Walter H. Messick, Esq.
Copyright Agent
1900 Corporate Blvd., Suite 305 West
Boca Raton, FL 33431

If you wish to notify Smart Miles, Inc.'s Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

  1. A physical or electronic signature of the person authorized to act on behalf the copyright owner;
  2. Identification or description of the copyrighted work you claim has been infringed;
  3. Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist Smart Miles, Inc. in locating the allegedly infringing work;
  4. Your address, telephone number, and email address;
  5. A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;
  6. Your statement, made under penalty of perjury, that the information contained in your notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

Trademarks. “Smart Miles”, “smartmilesusa” and other Smart Miles, Inc. marks, logos and service names are trademarks and/or trade dress of Smart Miles, Inc. None of Smart Miles, Inc.'s trademarks may be used in connection with any product or service that is not Smart Miles, Inc.'s, in any manner that is likely to cause confusion among users or in any manner that disparages or discredits Smart Miles, Inc. All other trademarks viewable from a Smart Miles, Inc. search are the trademarks and/or registered trademarks of their respective owners.

License Granted. Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Smart Miles, Inc. grants to you a limited license to make use of the Website. This license expressly excludes, without limitation, any resale, or modification of the Website or any portion thereof and making any derivative works based upon or distributing or copying the Website, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Smart Miles, Inc. without the express written consent of Smart Miles, Inc. You may not use any meta tags or any other "hidden text" utilizing the name or trademarks of Smart Miles, Inc. without the express written consent of Smart Miles, Inc. Any unauthorized use terminates the permission or license granted by Smart Miles, Inc. in this paragraph.

ACCEPTABLE USE POLICY - ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES

This Section defines the Acceptable Use Policy ("Policy") relating to the Website. You are responsible for continual compliance with this Policy. You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations. Smart Miles, Inc. takes no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information.

We reserve the right to suspend or terminate access to the Website upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you. Smart Miles, Inc. has the right, but not the obligation, to monitor any activity or content associated with the Website. Smart Miles, Inc. may investigate any reported violation of its policies and take any action it deems appropriate, including terminating your access to the Website without notice. Any of the following, without limitation, would be a violation of this Agreement and our Policy, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Website without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity.

Accordingly, you expressly represent, warrant and agree that you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, threatening, abusive, hateful, inappropriate or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate laws or regulations, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) constitute or contain false or misleading indications of origin or statements of fact, (vii) impairs the privacy of communications, (viii) causes technical disturbances to the Website, including, but not limited to, add-ware, spy-ware, introduction of viruses, worms or other destructive elements, (ix) involves deceptive on-line marketing or (x) assists or permits any persons in engaging in any of the activities described above.

If you become aware of any such activities, you are obligated to immediately notify Smart Miles, Inc. We may report any activity it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and Web usage paths. By using the Website you expressly consent to the foregoing use and disclosure.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify Smart Miles, Inc. and its officers, directors, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney's fees, arising from or in any way related to any breach of this Agreement or any use by you of the Website or by any other person using the Website through you or using your computer, or in connection with your transmission of any content on or through the Website. This Section shall survive termination of this Agreement.

NO WARRANTY

YOU ARE USING THE WEBSITE AT YOUR OWN SOLE RISK AND SMART MILES, INC. IS UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE WEBSITE. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND THAT THE ENTIRE RISK AS TO SATISFACTORY AVAILABILITY, TIMELINESS, RELIABILITY, QUALITY, PERFORMANCE, AND ACCURACY OF THE WEBSITE IS YOURS AND YOURS ALONE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SMART MILES, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SMART MILES, INC. NOR ITS OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE WEBSITE OR INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE WEBSITE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY RECOMMENDATION, OR OTHER MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE WEBSITE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (VI) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE OR THAT THE WEBSITE CONTENT IS NONINFRINGING. SMART MILES, INC. HEREBY DISCLAIMS, AND YOU HEREBY WAIVE AND RELEASE SMART MILES, INC. FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CONTENT OR OPERATION OF THIS WEBSITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SMART MILES, INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (i) USE OF THE WEBSITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (ii) ANY USE OR INABILITY TO USE THE WEBSITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE WEBSITE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE WEBSITE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMART MILES, INC.'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR PURCHASES MADE VIA THE WEBSITE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.

MISCELLANEOUS PROVISIONS

This Agreement, which includes the Smart Miles, Inc. Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter, hereof, oral or written. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without giving effect to any principles of conflicts of laws. The Uniform Computer Information Transactions Act (“UCITA”) does not apply to this Agreement and the transactions contemplated hereby to the extent UCITA conflicts with any provisions in this Agreement. If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and expenses in addition to any other relief to which it may be entitled. If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. All provisions of this Agreement relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the Website, for whatever reason. You acknowledge that your violation of the provisions relating to intellectual property and proprietary rights may cause damage to Smart Miles, Inc. which is unquantifiable but nonetheless real and irreparable. Accordingly, in the event Smart Miles, Inc. determines in its sole discretion that you have violated or will violate any such provision, Smart Miles, Inc. will be entitled to injunctive relief from a court of competent jurisdiction restraining such violation. This right to injunctive relief shall be cumulative and shall not restrict or limit Smart Miles, Inc.’s ability to resort to any other remedy available under law or equity.

Smart Miles, Inc. may assign this Agreement at any time without notice. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Smart Miles, Inc.'s prior written consent. Any such purported assignment or delegation by you without Smart Miles, Inc.'s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Smart Miles, Inc. at its sole and absolute discretion. Nothing in this Agreement shall be deemed to convey any third party rights or benefits.

 

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