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Last Updated: November 10, 2016
1) TABLE OF CONTENTS Scope of Agreement
2) Parties to Agreement
6) Registration and Security
7) Your Information and Content
8) Your Restrictions and Responsibilities
9) Copyright Protection
10) Third-Party Websites
11) Warranty Disclaimer and Limitation of Liability
14) Governing Law
15) DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
16) LIMITED TIME TO FILE CLAIMS
17) EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
1. Scope of Agreement
2. Parties to Agreement
We thank you for your interest in Roberts Group, which owns and operates the services offered on SMARTCOVER.COM and any associated web applications ("THE ROBERTS GROUP APP") or products and services that Roberts Group may provide now or in the future (collectively, the "Services").
You represent and warrant to Roberts Group that:
(i) You are 13 years of age or older; (ii) All registration information you submit is accurate and truthful; (iii) You will ensure the accuracy of such information and update it as needed over time; and (iv) You are legally permitted to use and access the Services. This Agreement applies to all users of our Services. You may not sign up for or use the Services as someone you are not; Roberts Group may disable or terminate your account if you do so.
The Services offered by Roberts Group are cosmetic product informational and cosmetic product sale services. When You subscribe to the Services, you agree to pay all charges associated with the Services. You may be required to provide a valid credit card to place an order; you will be billed in advance of shipment of any product.
6. Registration and Security
As a condition to using our Services, you may be required to register with Roberts Group by providing your name, address, and a valid email address, credit card number, and other personal information.
You may not
(i) Select or use the name or email of another person with the intent to impersonate that person; or
(ii) Use a name subject to any rights of any person other than you without appropriate authorization.
Roberts Group reserves the right to refuse registration or cancel a Roberts Group account at its sole discretion. You will be responsible for maintaining the confidentiality of your account and password and will be responsible for all activity over, through, or using your account and/or password. You may not transfer your account to anyone without express prior written consent of Roberts Group. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences.
Roberts Group reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
6. Your Information and Content
You are prohibited from submitting any user submission that includes any material or information that is protected by law or subject to other legal restriction, including by way of example and without limitation any personal information of a third party to which you do not have rights to use in connection with the Service, and/or any material subject to intellectual property rights of third parties.
You are responsible for making sure that you have all rights in the information you provide us "User Submissions", including the rights necessary for you to grant us the foregoing licenses to the User Submissions. You are prohibited from submitting any user submission that includes any material or information that is protected by law or subject to other legal restriction, including by way of example and without limitation any personal information of a third party, and/or any material subject to intellectual property rights of third parties.
All information uploaded or transmitted through the Service is the responsibility of the person that uploaded it, and we will not be liable for any errors or omissions in any content. Roberts Group cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive a notice that a User Submission infringes someone's intellectual property rights.
We always appreciate your feedback or other suggestions about the SERVICES, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.
7. Your Restrictions and Responsibilities
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that
Roberts Group reserves the right to terminate access of any third party application or service to our published or unpublished APIs.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and Wi-Fi services. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
8. Copyright Protection
Under the Digital Millennium Copyright Act (the "DMCA"), online service providers such as Roberts Group have the right, but not the obligation, to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here (http//www.copyright.gov/legislation/dmca.pdf). Consistent with our commitment to the protection of intellectual property rights, in connection with any content or material uploaded by users of or visitors to the Roberts Group Websites or Roberts Group Apps ("User Materials"), we comply with the protections and notice and take-down provisions of the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or an agent thereof and believe that any User Material infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our copyright agent with the following information in writing:
(i) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on or within the Roberts Group Websites or Roberts Group Apps are covered by a single notification, a representative list of such works;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Roberts Group to locate the material;
(iii) information reasonably sufficient to permit Roberts Group to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to Roberts Group's designated copyright agent to receive notifications of claimed infringement,Attn: Howard M. Gitten Locke Lord LLP 525 Okeechobee Blvd. Suite 1600 West Palm Beach, FL 33401 Email: info@.smartcover.com
9. Third-Party Websites
Roberts Group has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Roberts Group will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless Roberts Group from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Roberts Group will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between users on this site, or between users and any third party, you understand and agree that Roberts Group is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Roberts Group, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And if you are not a California resident, you waive any applicable state statutes of a similar effect.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
10. Warranty Disclaimer and Limitation of Liability
DISCLAIMER OF WARRANTIES
ROBERTS GROUP DOES NOT GUARANTEE THAT THE ROBERTS GROUP WEBSITES, ROBERTS GROUP APPS, SERVICES OR ANY SERVICES PROVIDED THERETHROUGH WILL BE UNINTERRUPTED OR ERROR-FREE. CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS," AS-AVAILABLE BASIS. ROBERTS GROUP DOES NOT GUARANTEE THAT ANY FILE AVAILABLE FOR DOWNLOADING IS FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMITTED BY LAW:
(A) ROBERTS GROUP, ITS SUBSIDIARY AND AFFILIATED ENTITIES, INCLUDING THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, MEMBERS, EMPLOYEES, AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING UNDER THESE TERMS OR ASSOCIATED WITH YOUR USE OF THE SERVICES OR WITH ANY ROBERTS GROUP CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE (EVEN IF ROBERTS GROUP OR ITS APPLICABLE THIRD-PARTY PROVIDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES); AND
(B) THE MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS, THE PRODUCTS, OR ROBERTS GROUP CONTENT SHALL BE ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
You will indemnify and hold Roberts Group, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at email@example.com. Roberts Group may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, Roberts Group may retain notification data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13. Governing Law
14. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
In order to expedite and control the cost of disputes, you and Roberts Group agree that any legal or equitable claim relating to use of smartcover.com or the purchase of any Roberts Group product from smartcover.com (referred to as a "Claim") will be resolved as follows:
A. INFORMAL RESOLUTION:
B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018.
(3) Send one copy of the Demand for Arbitration to the other party.
15. LIMITED TIME TO FILE CLAIMS
You agree that you will assert any Claim arising out of your use of any Roberts Group Services or the purchase of any Roberts Group product from smartcover.com within one (1) year after the Claim arises, or such Claim will be barred.
SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.
16. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
Notwithstanding the foregoing, nothing in this Section shall modify Subsection 15(B) ("Formal Resolution by Arbitration/Class Action Waiver").