SWY Terms and Conditions ("Agreement")
This Agreement was last modified on January 14, 2017.
These Terms of Service (“Terms of Service” or “Agreement) govern the use of the community platform offered by Smartwithyou LLC (“SWY”) via SWY’s mobile application, SWY Platform, services or products provided by SWY or other similar software platforms or mediums (collectively, the “SWY Platform”).
Your use of the SWY Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. You represent and warrant that that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a SWY or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You are required to agree to and accept these Terms of Service and other policies or terms of SWY to access and use the SWY Platform.
Content
The content of the SWY Platform is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this SWY Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this w is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this SWY Platform meet your specific requirements.
This SWY Platform may also include links to other websites that are not controlled or owned by SWY. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content or services of the linked websites.
Intellectual Property
This SWY Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics; and is fully protected by the appropriate international copyright and other intellectual property right laws, which forms parts of these terms and conditions.
Prohibitions
You must not misuse this SWY Platform. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this SWY Platform. Breaching this provision would constitute a criminal offense and SWY will report any such breach to the relevant law enforcement authorities and disclose your identity to them. SWY reserves the right to terminate your access to the SWY Platform, without any advance notice.
SWY will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this SWY Platform or to your downloading of any material posted on it, or on any SWY Platform linked to it.
Privacy Policy
This SWY Platform uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us: name, contact information including email address, demographic information such as postcode, preferences and interests.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the SWY Platform.
We require this information to understand your needs and provide you with a better service for the following reasons:
• Keep internal records.
• Improve our products and services.
• Send promotional emails about products, special offers or other information which we think you may find interesting using the email address you provided.
• Contact you for market research purposes.
We ensure that the information collected is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you, please contact us.
Disclaimer of Liability
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SWY PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SWY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SWY PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE SWY PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SWY PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. SWY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SWY PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SWY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. 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.
WITHOUT LIMITING THE FOREGOING, NEITHER SWY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SWY PLATFORM WILL BE UNINTERRUPTED OR THAT THE SWY PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SWY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SWY PLATFORM.
NEITHER SWY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER SWY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SWY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SWY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU ACKNOWLEDGE AND AGREE THAT SWY IS ONLY WILLING TO PROVIDE THE SWY PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD SWY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SWY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SWY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL SWY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SWY PLATFORM OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SWY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SWY PLATFORM. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SWY OR ITS PARTNERS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANT IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO SWY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Terms of Sale
By placing an order, you are offering to purchase a product and/or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with SWY you must be over 18 years of age or at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts and possess a valid credit or debit card issued by a bank acceptable to us. SWY retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be SWY or may in some cases be a third party.
In no event will SWY be liable to you for any services provided to you by a third party and you hereby release SWY from any potential claims against SWY as the result of the actions of a third party (whether or not you have a contractual relationship with such third party).
When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes.
(a) Placing an Order/Submitting a project
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your project: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we contact you by phone or by email to acknowledge the acceptance of your order.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this SWY Platform are accurate, errors may occur. While building a project, prices displayed are an estimation.
When your order is accepted, you will receive by email a quotation with the selected products for your project and the correct price. The quotation will include the product and service cost. Delivery costs can be charged in addition; such additional charges will be clearly indicated on the quotation.
To accept your quotation, you will connect to your online account and make the payment for the project.
(c) Payment
The following payments are due:
• 50% of the total project amount when the quotation is validated.
• 50% of the total project amount when the products are shipped or when the installation is made.
If a payment is not received or payment method is declined, you forfeit the ownership of any items or services purchased. If no payment is received, no items or services will be delivered.
Once your payment is received you will receive a confirmation email with your invoice. Only the goods and services listed in the confirmation email sent at payment reception will be included in the contract formed between you and SWY.
(d) Shipping
You will pay the shipping in the amount agreed upon by SWY at the time of purchase.
(e) Refund/Return Policy
The products and services are entitled to be refunded or returned based on complaint:
• If an item is lost or damaged during shipping, a replacement item if available will be sent free of charge.
• If an item is unsatisfactory or you change your mind, a written explanation is needed before the item may be considered for a refund. In that case, you will be responsible for the return shipping cost.
(f) Cancellation
An item may be cancelled up until payment has been processed. Once payment has been processed, you are responsible for payment.
Termination and Suspension
SWY may terminate or suspend your right to use the SWY Platform in the event that we believe that you have breached this Agreement (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.
Changes to this Agreement and the SWY Platform
SWY reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement and review, improve, modify or discontinue, temporarily or permanently, the SWY Platform or any content or information through the SWY Platform at any time, effective with or without prior notice and without any liability to SWY. SWY will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the SWY Platform. Your continued use of the SWY Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. SWY may change, modify, suspend, or discontinue any aspect of the SWY Platform at any time without notice or liability. SWY may also impose limits on certain features or restrict your access to parts or all of the SWY Platform without notice or liability.
Dispute resolution
(a) Governing Law
The laws of the State of Delaware, without regard to principles of conflict of laws or the user’s place of residence, will govern these Terms and Conditions.
(b) Arbitration
Any dispute that might arise between SWY and the user relating to or arising from use of the SWY Platform or from the order or the Terms and Conditions thereof shall be settled by binding arbitration in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA") or other similar organization, except where those rules conflict with this provision, in which case this provision controls.
Arbitration shall be conducted before a single arbitrator selected from the AAA’s National Roster of Arbitrators. The arbitration shall be held, and SWY and user irrevocably consent to arbitrate, in Philadelphia, Pennsylvania unless they mutually agree upon an alternative location. The arbitration shall be conducted in English.
In rendering the award, the arbitrator must apply the substantive law of Delaware (except where that law conflicts with this clause), except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.
Under no circumstances shall the arbitrator award damages in excess of or inconsistent with the limitations contained in the "Disclaimer of Liability" section of these terms and conditions. Any court with jurisdiction shall enforce this clause and enter judgment on any award. SWY and the user will agree upon, within 45 days after arbitration is initiated or, if they fail to agree, the AAA will design, procedures that they will follow to assure that the arbitration will be concluded and the award rendered within no more than eight months from selection of the arbitrator. SWY and the user each have the right before or during the mediation or arbitration, if the arbitrator cannot hear the matter within an acceptable period, to seek and obtain from the appropriate court provisional remedies such as attachment, preliminary injunction, replevin, etc., to avoid irreparable harm, maintain the status quo or preserve the subject matter of the arbitration.
(c) Mediation
Prior to initiation of arbitration, SWY and the user must attempt to mediate, within a period of 45 days after the request for mediation, the dispute using a professional mediator from the AAA or like organization selected by agreement or, absent agreement, through selection procedures administered by the AAA. In no event will mediation delay commencement of the arbitration for more than 45 days or interfere with the availability of emergency relief.
(d) No Publicity
The arbitration and mediation proceedings shall be confidential and SWY or the user shall not publicize the nature of any dispute or the outcome of any mediation or arbitration proceedings. The mediator or arbitrator, as the case may be, shall issue appropriate protective orders to safeguard each party’s confidential information.
Contact Us
If you have any questions about this Agreement, please feel free to contact us at contactsmartwithyou.com or SmartWithYou LLC 2401 Walnut Street, Suite 102, Philadelphia, PA 19103.
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