Acceptance of Terms of Service
- By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
- These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
1 - Changes to Terms; Personal Information/Privacy
1.1 - Changes to the site
SMOOTHTECH|PRO™ may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 - Personal Information/Privacy
2 - Passwords; Use of Site
2.1 - Passwords
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify SMOOTHTECH|PRO™ if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 - Use of Site; Prohibitions
Subject to your compliance with this Agreement, SMOOTHTECH|PRO™ hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of SMOOTHTECH|PRO™ or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
2.3 - Chat Sessions
Due to account security restrictions MCRs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or Email Member Care to make such changes. You may be asked by the MCR Your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. A MCR is NOT supposed to ask you for your password or credit card or debit card information to confirm your account. If an MCR asks for this information, please immediately discontinue the Chat session and contact us by EMAIL or call us at 888-892-3208 Monday - Friday, 8am - 5pm PST.
3 - Terms of Sale
3.1 - Sales of Products and Memberships to End Users Only
SMOOTHTECH|PRO™ sells full body hair removal kits and other grooming supplies (the “Product(s)”) from the Site to end-user customers who purchase monthly, every two months or every three months via our auto-refill membership plans to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2 - Pricing
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on SMOOTHTECH|PRO™’s then-current pricing page located on the KITS and A LA CARTE pages. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site plus any applicable shipping and handling fees. SMOOTHTECH|PRO™ reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 - Refund/Cancellation Policy
If you are dissatisfied with the Product for any reason, SMOOTHTECH|PRO™ will refund the amount paid for your most recent purchase less shipping charges. Refund requests must be made directly to SMOOTHTECH|PRO™ by completing the EMAIL FORM or calling Member Care at 888-892-3208 Monday - Friday, 8am - 5pm PST. All refund requests must be made within thirty (30) days of the date of shipment by SMOOTHTECH|PRO™ in order to take advantage of our 30 day money back guarantee plan. SMOOTHTECH|PRO™ is not liable for products that are damaged or lost in transit to SMOOTHTECH|PRO™
Promptly following SMOOTHTECH|PRO™ receipt of your request (typically within five (5) business days), SMOOTHTECH|PRO™ will credit the amount paid for the returned product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, SMOOTHTECH|PRO™ does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
SMOOTHTECH|PRO™ will not provide a refund for a request that is received by SMOOTHTECH|PRO™ more than thirty (30) days after the date of original shipment. SMOOTHTECH|PRO™ also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
3.4 - Payment Methods; Automatic Membership Renewals and Membership Cancellation Policy
SMOOTHTECH|PRO™ accepts credit card payments only. You agree to pay all fees charged to your account based on SMOOTHTECH|PRO™ fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize SMOOTHTECH|PRO™ or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, SMOOTHTECH|PRO™ reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US Dollars.
SMOOTHTECH|PRO™ and SMOOTHTECH|PRO™ third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to SMOOTHTECH|PRO™ and SMOOTHTECH|PRO™ third party payment service provider at the election of your credit card issuer. Neither SMOOTHTECH|PRO™ nor SMOOTHTECH|PRO™ third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to “opt out” of the update service.
IMPORTANT NOTICE TO CONSUMER: SMOOTHTECH|PRO™ will automatically renew your Membership based on your frequency choice; monthly every two months or every third month anniversary date of the auto-refill Membership plan and, as authorized by You during the Membership sign-up process, will charge your credit card with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period the current plan frequency; monthly, every two months or every three months. You may suspend or cancel your Membership at any time by logging on to your account within SMOOTHTECH|PRO™. To suspend or cancel a membership, please login to your account on the Site and select the “membership options” link at the bottom of the page, then follow instructions towards cancellation. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month shall take effect the following month. If you have any problems, please EMAIL US or call us at 888-892-3208 Monday - Friday, 8am - 5pm PST. SMOOTHTECH|PRO™ requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
3.5 - Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
3.6 - Pausing and Resuming Shipping
SMOOTHTECH|PRO™ offers its members the ability to temporarily pause their Memberships (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any STP Products.
A Membership may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, members will remain a member of STP, continue to receive communications from STP via email, but will not be charged any sort of maintenance or membership fee.
Members who are in a Pause Period may resume receiving STP Products by logging into their account and Resuming shipping either immediately or on their original bill date. If you have any questions about the Pause Period You may EMAIL US with questions or call us at 888-892-3208 Monday - Friday, 8am - 5pm PST.
4 - Gift Cards
4.1 - Purchasing and Redemption:
- You further certify and represent to SMOOTHTECH|PRO™ that the activities in connection with which the Gift Cards will be used will comply with these Terms and Conditions, and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or SMOOTHTECH|PRO™, including its members, officers, employees, agents, successors, assigns, subsidiaries, or any other STP-related affiliated entity.
- A Website account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. A Website account is not required in order to redeem a Gift Card.
- You may purchase Gift Cards for $50, $75 and $100 US dollars. The amount of the Gift Card you purchase shall be charged to your payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a pre-determined dollar amount is awarded with additional Website credits (“STP Credits”), these STP Credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances STP Credits shall be used after the exhaustion of Gift Cards.
- Gift Cards may only be redeemed toward the purchase of eligible products on the Website. Redemption of Gift Cards on the Website is subject to change in STP’s sole discretion. Gift Cards can be used one time only - if an order amount falls below the amount of the Gift Card, any unused balance will be forfeited. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other payment method accepted by STP.
- Gift Cards never expire.
4.2 - Use and Limitations:
- Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and the District of Columbia. Gift cards may only be used on SMOOTHTECHPRO.COM. Gift Cards may not be purchased through or redeemed for the purchase of products at SMOOTHTECHPRO.CA or SMOOTHTECHPRO.AU or any other website operated by STP, its affiliates, or any other person or entity, except as indicated by these terms and conditions.
- Gift Cards cannot be used to purchase other gift cards.
- Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Gift cards can be used one time only and any unused Gift Card balances will be forfeited.
- Gift Cards are not returnable or refundable for cash except in states where required by law.
- Gift Cards may not be sold or bartered to third parties.
- Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain SMOOTHTECH|PRO™ 's prior written approval.
- Use of SMOOTHTECH|PRO™'s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of SMOOTHTECH|PRO™ Gift Cards is strictly prohibited. Furthermore, the use of SMOOTHTECH|PRO™ Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, STP or any of its subsidiaries or affiliates is prohibited.
4.3 - Risk of Loss:
If your Gift Card is lost or stolen, immediately contact customer service. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to SMOOTHTECH|PRO™. STP and its affiliates shall have no liability to you for:
- lost or stolen Gift Cards; or,
- use of any Gift Cards by third parties through your Website account. You are solely responsible for keeping the username and password for your Website account safe and for any activity conducted under your account.
Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
4.4 - Fraud:
SMOOTHTECH|PRO™ shall have the right to close member accounts or any related account(s) if STP suspects a Gift Card is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above SMOOTHTECH|PRO™ shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. SMOOTHTECH|PRO™ may also cancel or remove any and all SMOOTHTECH|PRO™ Credits on the member accounts and/or any related account(s). SMOOTHTECH|PRO™ has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.
4.5 - Limitation of Liability:
SMOOTHTECH|PRO™ AND THEIR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD CODE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
4.6 - Indemnification:
You agree to defend and indemnify SMOOTHTECH|PRO™ and its subsidiaries, affiliates, its investors, officers, employees, agents, servants, assignees, and/or any other SMOOTHTECH|PRO™ -related entity from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or your violation of any of these Terms and Conditions.
4.7 - Governing Law:
When you purchase, receive, or redeem a Gift Card, you agree that the laws of the State of California shall govern these Terms and Conditions, without regard to principles of conflict of laws.
4.8 - Disputes:
Any dispute relating in any way to Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in such courts.
4.9 - Issuer:
Gift Cards are issued by Miles-Parker LLC, a California Limited Liability Corporation.
4.10 - Amendments:
SMOOTHTECH|PRO™ reserves the right to change or modify these Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Card that occur after the Modified Terms take effect. All terms and conditions contained in these Terms and Conditions are applicable to the extent permitted by law.
5 - Referrals
These are the Terms and Conditions applicable to the SMOOTHTECH|PRO™ Referral Program (the “Program”). Under the Program, SMOOTHTECH|PRO™ ("we", "STP" or "Company") offers its Members the opportunity to provide their friends, family, or other individuals (“Prospective Member”) with a unique referral ID link (“Personal Link”) that a Prospective Member can use to sign up for SMOOTHTECH|PRO™ services (“Membership”). For each Qualified Referral (defined below) generated through the Member’s Personal Link, the Member may receive a SMOOTHTECH|PRO™ credit (“Credit”) as specified on the Company’s Referral Program page. We reserve the right to terminate this Program at any time for any reason.
Members and Prospective Members that wish to take part in the Program are bound by these Terms and Conditions. If you do not agree and abide by these Terms and Conditions in their entirety you are not authorized to partake in the Program. Members and Prospective Members may not participate in the Program where doing so would be prohibited by any applicable law or regulations. We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which any Credits are earned. We reserve the right to disqualify any Member or Prospective Member at any time from participation in the Program.
Children: No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROGRAM AT ANY TIME OR IN ANY MANNER.
5.1 - Privacy
5.2 - How the Program Works
- Program Participation.
Generally: To participate, a Member shall provide to the Prospective Member their Personal Link. The Prospective Member must click on the Personal Link and complete the sign up in the same session. If the Prospective Member does not complete the sign up in the same session, the Member will not be credited for that referral and will not be eligible for the Credit, even if the Prospective Member subsequently signs up for a Membership. For purposes of clarification completion of sign-up in the same session means clicking the Member Personal Link provided by Member and completing SMOOTHTECH|PRO™ service sign-up within a reasonable period of time and without the Prospective Member closing their Internet browser or pressing the back button.
- Eligible Member.
To be eligible for Program and to receive Credits, a Member must:
- Be a legal resident of the United States;
- Be at least 18 years old;
- Have provided the Prospective Customer with their correct unique Personal Link; and
- Have a Membership account in good standing with SMOOTHTECH|PRO™.
- Employees of the Company, its service providers or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
- Personalized Referral Links.
Company offers Members the opportunity to create their own personalized referral name ("Personalized Referral Links"). These Personalized Referral Links may be of any length and include any combination of words and/or numbers of the Member's choosing. Personalized Referral Links shall be on a first come, first served basis. You can check Your Personalized Referral Link by going to www.smoothtechpro.com/invite. Company is in no way responsible of correcting or insuring that the Personalized Referral Links is accurate or correctly formatted or spelled. Under no circumstances may a Personalized Referral Links be transferred or sold to another Member. Notwithstanding the foregoing the Company reserves the right to revoke, ban, or amend any Personalized Referral Links at any time and for any reason. Any or all Credits earned through a revoked, banned, or amended Personalized Referral Link may be removed from Members account by Company. For purposes of clarification, but in no way limiting the Company's rights to revoke, ban, or amend Personalized Referral Links, the following Personalized Referral Links are explicitly banned and may be grounds for suspension of Membership and removal of any Credits earned:
- Personalized Referral Links that imply a discount or savings on Membership (i.e., Free power tools, 10 dollar off all kits, etc.)
- Personalized Referral Links that are deemed to be obscene, racist, sexist, or offensive in the sole discretion of the Company
- Personalized Referral Links that use a trademark, copyright, or the name of another individual
- Making a Referral.
- Members can refer Prospective Members by giving their Personal Link to the Prospective Member. Once a Prospective Member uses a Member’s Personal Link and successfully the Prospective Member signs up for SMOOTHTECH|PRO™ products, the Member may receive a communication from the Company confirming that the Prospective Member has signed up. The confirmation communication to the Member shall include some of the Prospective Member’s personal information provided to Company such as name and email address. If Member does not receive such a confirmation communication, then the Prospective Member did not sign up properly and no Credit will have been earned. The Member and/or the Prospective Member may email Company any comments or questions in relation to the failed referral, but it is at the sole discretion of the Company to award Member the Credit. Members shall only refer Prospective Members who meet the requirements of these Terms and Conditions and who have consented to receiving communications from SMOOTHTECH|PRO™. Members cannot refer themselves.
- For purposes of emphasis and clarification, by using a Personal Link, Prospective Members understand that some of their personal information, including but not limited to their name and email address, may be sent to the Member that provided their Personal Link to the Prospective Member for confirmation of sign up. As such, SMOOTHTECH|PRO™ strongly advises that if the Prospective Member receives a Personal Link from an unknown, untrusted, or public source, such as an Internet forum, the Prospective Member should not use the Personal Link for their own security purposes.
- Qualified Referrals.
A “Qualified Referral” means that all the following conditions are met:
- The Prospective Member completed the registration process for a Membership using the Member’s Personal Link. If a Prospective Member registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Member will not be rewarded a Credit;
- The Prospective Member was not previously registered with the Service under any other email address or alias; and,
- The Prospective Member is a) at least 18 years old; b) meets the eligibility requirements to become a Member of DSC’s services; and c) has consented to receiving communications from DSC.
- Earning Credits.
Member will receive five (5) Credits for each verified Qualified Referral generated through the Member’s Personal Link. The actual Credit will be determined by SMOOTHTECH|PRO™ is its sole and absolute discretion as specified on its Credits Page. If the Credit for a referral results in credit being granted, then such credit may only be applied in the amount specified by SMOOTHTECH|PRO™ towards the Member’s purchase of future products from SMOOTHTECH|PRO™. A Member may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by SMOOTHTECH|PRO™, and the Company has sole discretion in determining the legitimacy and validity of such Qualified Referral.
- Verified Qualified Referrals.
All Credits are subject to verification. The Company may delay a Credit for the purposes of investigation. Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms and Conditions, or if the Company believes a transaction, or series of transactions, will create potential liability for the Company beyond what is reasonable for this Referral Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Company may cancel, amend or revoke a Credit at any time. The Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
- Value of Credit.
Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. The Company may cancel, amend or revoke Credits at any time for any reason if the Company makes a determination of wrong doing on the part of a Member.
- Transfer of Credits.
Credits are personal to the Member and, as such, are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by a Member are forfeited.
5.3 - LIABILITY
By participating in the Program, both Members and Prospective Members agree to:
- Defend, indemnify, release and hold harmless the Company, its service providers and its or their respective parent companies, affiliates and subsidiaries, together with their respective members, employees, directors, officers, licensees, licensors, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Credit); and
- Be contacted by the Company via e-mail.
- Company shall not be liable for: (i) Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time; (iv) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or (v) claims, demands, and damages in disputes among users of the Program.
5.4 - DISCLAIMERS
- The Company disclaims any liability for damage to any computer resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in the Company’s sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.
- The Company shall not be liable to any Member for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.
- The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
- Disclaimer of Warranties. MEMBERS AND PROSPECTIVE MEMBERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED BY THE COMPANY THROUGH THE USE OF THE COMPANIE’S PRODUCTS AND/OR SERVICES, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO PROMISE THAT (1) THE COMPANY’S PRODUCTS AND/OR SERVICES WILL MEET THE REQUIREMENTS OR NEEDS OF A MEMBER OR PROSPECTIVE MEMBER, (2) ( THE RESULTS OBTAINED FROM THE USE OF THE COMPANY’S PRODUCTS AND/OR SERVICES WILL BE ACCURATE OR RELIABLE AS ADVERTISED (SINCE RESULTS MAY VARY FROM INDIVIDUAL TO INDIVIDUAL), (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY A MEMBER OR PROSPECTIVE MEMBER THROUGH THE PROGRAM WILL MEET EXPECTATIONS, AND (5) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT A MEMBER OR PROSPECTIVE MEMBER’S OWN DISCRETION AND RISK, AND EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A USER’S COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
5.5 - LIMITATION OF LIABILITY AND INDEMNIFICATION
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PHYSICAL INJURY, ILLNESS RELATED TO USE OF THE COMPANY’S PRODUCTS AND/OR SERVICES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- TO THE FULLEST EXTENT POSSIBLE BY LAW, THE MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
- IN NO EVENT DOES THE COMPANY EXCLUDE OR LIMIT ITS LIABILITY IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THE LIMITATION OR EXCLUSION OF WHICH IS NOT PERMITTED BY LAW.
5.6 - CONDUCT
- Prohibited Conduct, Generally: Members agree not to use the Program to:
- Violate applicable law;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Members;
- Impersonate any person or otherwise misrepresent Member's identity;
- Interfere with, disrupt or violate these Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Member's use of the Program;
- Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others;
- Submit personal information relating to third parties to the Program without the consent of those third parties.
- Bulk Distribution ("Spam")
- If a Member provides a Personal Link to a Prospective Member by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By using a Member’s Personal Link, the Prospective Member represents that he/she has given consent to Company to send Member their personal information such as full name and email address.
- Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of a Member’s account and deactivation of the Personal Link. We have a “no tolerance” spam policy.
- The Company has no obligation to monitor the content provided by Members; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
- Fraudulent and Suspicious Behavior
- The Company may prohibit a Member from participating in the Program or receiving a Credit, in their sole discretion, if they determine such Member, either directly or indirectly, is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
- Use of any automated system, script, or macro to participate in the Program or generate Qualified Referrals is strictly prohibited and will result in the responsible Member’s disqualification from the Program.
- Members may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Credit.
- The Company reserves the right to disqualify any Member and/or cancel any Credit(s) if they find a Member to be tampering with the operation of the Program or violating these Terms and Conditions.
5.7 - APPLICABLE LAW
Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under the laws of the State of California. Members and Prospective Members expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Central District of California or, for matters not susceptible of adjudication in the federal courts, the n Los Angeles County Superior Court, in all disputes arising out of or relating to the use of the Program and related services.
5.8 - GENERAL TERMS
These Terms constitute the entire agreement between Members and the Company concerning Members' use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms. The terms and conditions applicable to Members' use of the Service can be found at www.smoothtechpro.com/terms-conditions.
6 - PROPRIETARY RIGHTS
You hereby acknowledge and agree that SMOOTHTECH|PRO™ and/or its licensors, , own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
SMOOTHTECH|PRO™ is a registered trademark of Miles-Parker LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SMOOTHTECH|PRO™, © 2014 Miles-Parker LLC. All rights not expressly granted herein are hereby reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
7 - PRODUCT/IDEA SUBMISSIONS
SMOOTHTECH|PRO™ and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to SMOOTHTECH|PRO™ or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of SMOOTHTECH|PRO™ products, services or marketing strategies might seem similar to ideas submitted to SMOOTHTECH|PRO™. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.
You agree that: (i) Submissions and their contents will automatically become the property of SMOOTHTECH|PRO™, without any compensation to you; (ii) SMOOTHTECH|PRO™ may use or redistribute the Submissions and their contents for any purpose and in any way, without any compensation to you; (iii) There is no obligation for SMOOTHTECH|PRO™ to review the Submission; and (iv) there is no obligation to keep any Submissions confidential, and no confidential relation is established by or is to be inferred from your Submissions or the consideration of your submissions by SMOOTHTECH|PRO™.
8 - THIRD PARTY SITES; INDEMNIFICATION
8.1 - Third Party Web Sites
8.2 - Indemnification
You hereby agree to defend, indemnify and hold each of the SMOOTHTECH|PRO™ Parties (as defined herein) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
9 - DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. SMOOTHTECH|PRO™ ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “SMOOTHTECH|PRO™ PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND SMOOTHTECH|PRO™. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMOOTHTECH|PRO™ OR ANY PERSON ON BEHALF OF SMOOTHTECH|PRO™ SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE SMOOTHTECH|PRO™ PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10 - DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
10.1 - Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights. Most customer concerns can be resolved quickly and to a customer’s satisfaction by emailing our member care department or writing to us at SMOOTHTECH|PRO™, Attn: Member Care, 2850 Ocean Park Blvd Ste. 300, Santa Monica, California 90405. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO SMOOTHTECH|PRO™’s ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor SMOOTHTECH|PRO™ has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to SMOOTHTECH|PRO™ for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated[let’s chat about this!!] , including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
10.2 - Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings shall be conduct in Los Angeles County, California. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
11 - ELECTRONIC COMMUNICATIONS; GENERAL TERMS
11.1 - Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
11.2 - General Terms