Terms Of Use

Last Updated: November 10, 2016

PLEASE TAKE A FEW MINUTES TO CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE ("AGREEMENT") THOROUGHLY BEFORE USING THE SERVICES OFFERED BY THE ROBERTS GROUP (NJ), LLC ("Roberts Group" OR "WE" OR "US") A NEW JERSEY REGISTERED COMPANY.

1) TABLE OF CONTENTS Scope of Agreement
2) Parties to Agreement
3) Changes to the Terms of Use
4) Privacy
5) Subscriptions
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
12) Indemnity
13) Termination
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
18) Miscellaneous

1. Scope of Agreement

THIS IS A BINDING AGREEMENT BETWEEN YOU AND ROBERTS GROUP. WHEN YOU ACCESS OR USE THE SERVICES OR REGISTER AN ACCOUNT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND BE A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU ARE NOT ALLOWED TO USE THE SERVICES. This Agreement includes the terms in this document, as well as Roberts Group's Privacy Policy and, Copyright Dispute Policy. This Agreement is binding to the fullest extent permitted by applicable law.

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.

3. Changes to the Terms of Use

These Terms of Use may be changed, modified, supplemented or updated by Roberts Group from time to time as we strive to continuously improve our services. This also means we may add new features, restrict access to parts, suspend or discontinue any part of the Services, at any time. As a consequence, we reserve the right to modify these Terms of Use at any time and will do our best to inform you of these changes by uploading a notice on the Services at smartcover.com and changing the "Last Updated" date on this page. Your continued use of the Services in any form following such notification will constitute your acceptance of the modified Terms of Use.

You are encouraged to review smartcover.com and these Terms of Use periodically for updates and changes.

4. Privacy

Our users' privacy is very important to us and we take it very seriously. We require that you read our Privacy Policy, located at smartcover.com/Privacy.

5. Subscriptions

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.

Your right to use the Services or a specific product is conditional upon compliance with these Terms of Use and other agreements between You and Roberts Group. If payment is not received or if these Terms of Use are violated, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating all Roberts Group obligations hereunder to the fullest extent permitted by applicable law. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. Roberts Group agrees that it will notify any user when, and if, we decide to terminate such user's license. You are responsible for all activity occurring using your account or any login credentials for that account.

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

In the course of using the Service, you and other users may provide or upload certain content or information which may be used by Roberts Group in connection with the Service ("User Submissions"). Please read our Privacy Policy for additional information on the types of information different types of users are able to provide.

In order to allow Roberts Group to provide the Service, you hereby grant to us a limited, non-exclusive, sub licensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed, (ii) use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes), (iii) use any User Submission that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the Roberts Group Privacy Policy. Roberts Group will only share and use your personally identifiable information in accordance with Roberts Group current Privacy Policy at www.smartcover.com/privacy.

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

  • infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  • violates any law, statute, ordinance or regulation;
  • is harmful, fraudulent, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Roberts Group;
  • jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password;
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • runs mail list, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or any malware or virus, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
  • "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services (through use of manual or automated means);
  • copies or stores any significant portion of the User Submissions;
  • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Roberts Group third party service providers).

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

The Services may contain links to third party websites that are not owned or controlled by Roberts Group. When you access third party websites, you do so at your own risk. Roberts Group encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit or utilize.

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.

11. Indemnity

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.

12. Termination

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 info@smartcover.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

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 15, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in and for Monmouth County, New Jersey.

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:

You and Roberts Group will first attempt to resolve any Claim informally. In the event that any dispute between Roberts Group and you arises out of or relates to these Terms of Use, the applicability of these Terms of Use to the use of any Roberts Group Services, or purchase of any Roberts Group products from smartcover.com, or to breach or enforcement, interpretation or validity of these Terms of Use, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to info@.smartcover.com.

B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use as to the use of any Roberts Group Services, or the purchase of any Roberts Group products from smartcover.com, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of Arbitration shall be governed solely by the Federal Arbitration Act.

If you and Roberts Group cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and Roberts Group understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Roberts Group each agree to settle disputes (except certain small claims) only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.

The Arbitration will be conducted under the JAMS Streamlined Arbitration Rules & Procedures (referred to as the "JAMS Rules") and under the rules set forth in these Terms of Use. If there is a conflict between JAMS Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Roberts Group agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and Roberts Group agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys' fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and Roberts Group both agree to another location or telephonic Arbitration. To initiate Arbitration, you or Roberts Group must do the following things:

(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.

Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor Roberts Group shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Accordingly, you and Roberts Group agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable. Notwithstanding the obligation to arbitrate all Claims under these Terms of Use, you may assert an individual Claim in small claims court in lieu of Arbitration.

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

If you are a consumer, the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.

If you are a New Jersey resident or otherwise have rights under New Jersey's consumer protection laws, the terms of Sections 7, 10, 11, 12, and 16 do not limit or waive your rights under New Jersey law and the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Roberts Group reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence.

Notwithstanding the foregoing, nothing in this Section shall modify Subsection 15(B) ("Formal Resolution by Arbitration/Class Action Waiver").

17. Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Roberts Group will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Roberts Group's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Roberts Group's prior written consent. Roberts Group may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement uploaded to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Roberts Group in any way whatsoever. If there is any conflict between these Terms of Use and the terms of any written contract between You and Roberts Group, the contract shall control.