SmartFinancial Terms of Use

The following terms and conditions (the “Terms of Use”) govern your use of the services offered through SmartFinancial.com (collectively, the “Site”). By using the Site, including submission of a request for quotes through the Site, by calling our toll free number, initiating a request for us to contact you by telephone, or any other means we might make available, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, you are prohibited from using or accessing the Site. The terms “we,” “us,” or “SmartFinancial.com” refer to SmartFinancial.com, and its subsidiaries and affiliates.

Our Service

SmartFinancial.com provides you the opportunity to receive insurance quotes from our network of insurance agents, brokers, carriers, and other insurance service providers. Once you provide us with the information required on our quest request form, we attempt to match you with appropriate insurance agents, brokers, carriers or other service providers to help you acquire the type of insurance you are seeking. We are not an insurance agent or insurance carrier, and hence, we do not issue insurance contracts or bind coverage ourselves, nor do we endorse or recommend any companies or specific types of insurance policies. While we publish content on the Site about insurance, we do not provide insurance, tax or financial advice of any kind. We do not guarantee that any of the insurance agents, brokers and/or companies to whom we forward your application will contact you or agree to provide you coverage. We are not responsible in any way for the conduct of the insurance agents, brokers, discount program representatives and companies that are matched with your insurance application. The coverage provided by any service provider will be subject the terms and conditions of the insurance policy under which it issued, and we have no control over such terms and conditions.

Accessing our Site

You may only use the Site if you live in the United States and are at least 18 years old. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site. We may also impose limits on certain features of the Site or restrict your access to part of or the entire Site, without notice or penalty. SmartFinancial.com does not charge users for use of the Site.

User Data; Consent to Contact

In the course of your use of the Site, you may be asked to provide information or materials to us (“User Data”). User Data includes, for example, information you submit to us via your application to receive quotations. Our information collection and use practices with respect to User Data are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Data. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Data. We cannot be responsible for maintaining any User Data that you provide to us, and we may delete or destroy any such User Data at any time. We reserve the right to refuse to post or to remove any User Data, in whole or in part, that, in our sole discretion, is unlawful, unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

By providing your contact information to us through the Site, you are registering to receive communications from us directly, on our website or through a third party. We will periodically send you newsletters and other e-mails with offers and promotions. We may also contact you by telephone using an automated dialing system along with a pre-recorded message or interactive voice response system. If you no longer wish to receive these communications, please let us know by sending an email to SmartFinancial.com Customer Care at info@SmartFinancial.com. You may also opt-out by clicking on the unsubscribe link in our emails.

In addition, by submitting a request for quotes through the Site, you consent to be contacted by the service providers in our network via email or telephone. Once your information is submitted to these service providers, any request to opt-out or unsubscribe from their communications must be directed to such service providers.

Exclusive Ownership of Rights

The Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by intellectual property laws in applicable jurisdictions. You acknowledge and agree that information and materials presented through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Site, in whole or in part. Any commercial use of the Site, or any portion thereof, by you is strictly prohibited.

SmartFinancial.com grants you a personal, non-transferable and non-exclusive right and license to use the Site on a computer or other Internet device; provided that you do not (and do not allow any third party to) copy, reproduce, distribute, reverse engineer or otherwise exploit any content, code, data or materials on the Site. You agree not to modify the Site in any manner or form, nor to use modified versions of the Site for any purpose. We do not grant any license or other authorization to any user to use our trade names, trademarks, service marks or other marks or logos or those of our partners without our separate express written agreement. Third party marks are the property of their respective owners.

Any questions, comments, suggestions, or materials submitted to us through the Site will become our sole property. We will own all rights in such materials, and have the unrestricted right to use, publish and otherwise disseminate such information for any purpose, without attribution or compensation.

DISCLAIMER OF WARRANTIES

The information and services on this Site are provided “as is” and for informational purposes only. SmartFinancial.com makes no representations or warranties that the Site will be suitable for your needs, is complete, timely, reliable, or free from errors, inaccuracies or typographical mistakes. SmartFinancial.com disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or non-infringement of the rights of others. We do not warrant that the Site will be free of errors or viruses, worms or other destructive or harmful code.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SmartFinancial.com OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE SERVICES OFFERED HEREBY, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). THE ABOVE LIMITATION MAY NOT APPLY IN ALL JURISIDICTIONS OR TO ALL USERS. IF YOU ARE NOT IN AGREEMENT WITH THE FOREGOING, YOUR SOLE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SITE.

Links from our Site

SmartFinancial.com provides links to other sites for informational purposes only. We have no responsibility for the accuracy or availability of information provided by other sites to which you may link from the Site. The availability of these links does not constitute an endorsement of or association with such sites or the content, products, advertising or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on such sites.

Updates

These Terms of Use are subject to change from time to time and at any time, and such changes will be effective upon posting to the Site. Use of the Site following any modifications to the Terms of Use signifies your acceptance of such modifications.

Applicable Laws

The Site and these Terms of Use are governed by the laws of the State of California without giving effect to any principles of conflict of laws. If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. Any dispute arising from your use of this Site shall be brought exclusively in the appropriate state or federal courts of the State of California. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.