Agreement Between User and SMARTformusa.com

These Terms and Conditions are an agreement ("Agreement") between you and SMARTformusa.com regarding your use of the information, software, products, and services contained in or available through the SMARTformusa.com website. The SMARTformusa.com website is comprised of various web pages operated by SMARTformusa by WIDB Connect, LLC. The SMARTformusa.com website is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the SMARTformusa.com website constitutes your agreement to all such terms, conditions, and notices, including the arbitration provision and class action waiver below.

SMARTformusa.com is not responsible for any loss, claim, liability, or damage related to your use of the SMARTformusa.com site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.

Fees and Renewals

From time to time, we may offer different subscription terms, and the membership fees for such subscriptions may vary. The membership fees are non-refundable except as expressly set forth below.

UNLESS YOU NOTIFY US BEFORE THE RENEWAL DATE OF YOUR MEMBERSHIP THAT YOU WANT TO CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT RECURRING NOTICE TO YOU) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.

Refunds

For annual memberships, SMARTformusa.com may grant a refund to a customer within the first thirty (30) calendar days of such customer's annual membership. After such 30-day period, if you choose to terminate your annual plan prior to the end of your year-commitment, you may do so with ninety (90) calendar days' notice of cancellation, during which time you will have access to SMARTformusa.com's services and will be charged a monthly fee. For customers who are charged a one-time annual fee, you will receive a partial year refund for the remaining term after such 90-day period. Customers must contact SMARTformusa.com directly at (888) 441 - 1601 to cancel the membership.

Termination / Cancellation Options

You may terminate any plan at any time within 30 calendar days of enrollment and may request a full refund under SMARTformusa.com's 30-day money back policy.

After the initial 30-day money back period, you may terminate your plan at any time but you will not receive a refund. If you are enrolled in an annual plan, you may choose to cancel your plan at any time prior to the end of the year-commitment with ninety (90) calendar days' notice. During such 90-day notice period, you will continue to have access to SMARTformusa.com's website and services and will be charged a monthly fee during the 90-day period. The 90-day notice requirement does not apply to cancellations within the 30-day money back period or to cancellations after the end of the year-commitment unless you choose to renew your annual plan. The 90-day notice period is not a penalty or a liquidated damages provision, but rather, an alternative option available to you to comply with your obligations under the Terms and Conditions.

If you fail to provide an on-time full-subscription payment, SMARTformusa.com reserves the right to cancel your account.

Please note that termination/cancellation does not affect your ability to access the order forms you downloaded or previously processed using SMARTformusa.com website. If you violate any of SMARTformusa.com's Terms and Conditions, SMARTformusa.com reserves the right to terminate your SMARTformusa.com membership immediately. For termination for violation of the Terms and Conditions, there will not be a 90-day notice period and you will not continue to have access to SMARTformusa.com's website and services.

Your Privacy

Protecting your privacy is very important to SMARTformusa.com. Please review our Privacy Policy, which explains how SMARTformusa.com treats your personal information and protects your privacy. For quality assurance purposes, and in order to deliver the SMARTformusa.com services, SMARTformusa.com will have access to your company information that you choose to provide. This information is not to be shared or delivered to any third parties as discussed in the SMARTformusa.com Privacy Policy.

No Unlawful or Prohibited Use

As a condition of your use of the SMARTformusa.com website, you warrant to SMARTformusa.com that you will not use the SMARTformusa.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SMARTformusa.com website in any manner which could damage, disable, overburden, or impair the SMARTformusa.com website or interfere with any other party's use and enjoyment of the SMARTformusa.com website. You may not obtain or attempt to reverse engineer or obtain any materials or information through any means not intentionally made available or provided for through the SMARTformusa.com websites.

THE TEXT, IMAGES, DESIGN AND ALL OTHER CONTENT FOUND ON THE SMARTFORMUSA.COM WEBSITE ("SMARTFORMUSA CONTENT") ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. SMARTFORMUSA CONTENT IS NOT FOR RESALE. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE SMARTFORMUSA.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE SMARTFORMUSA CONENT WITHOUT THE EXPRESSED WRITTEN CONSENT OF SMARTFORMUSA, LLC.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SMARTFORMUSA.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTFORMUSA.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMARTFORMUSA.COM WEBSITE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SMARTFORMUSA.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTFORMUSA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SMARTFORMUSA.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SMARTFORMUSA.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SMARTFORMUSA.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SMARTFORMUSA.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMARTFORMUSA.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SMARTFORMUSA.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SMARTFORMUSA.COM WEBSITE.

Termination/Access Restriction

SMARTformusa.com reserves the right, in its sole discretion, to terminate your access to the SMARTformusa.com website and the related services or any portion thereof at any time, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SMARTformusa.com as a result of this agreement or use of the SMARTformusa.com website. SMARTformusa.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SMARTformusa.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SMARTformusa.com website or information provided to or gathered by SMARTformusa.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SMARTformusa.com with respect to the SMARTformusa.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SMARTformusa.com with respect to the SMARTformusa.com website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without SMARTformusa.com's written consent. SMARTformusa.com's rights under the Terms and Conditions are freely transferable by SMARTformusa.com. Any failure by SMARTformusa.com to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.

SMARTformusa.com may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the SMARTformusa.com website, or other reasonable means now known or hereafter developed.

Copyright and Trademark Notices

All contents of the SMARTformusa.com website are Copyright © 2010 SMARTformusa and/or its suppliers. All rights reserved.