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When you ("You" or "User") use this Internet web site (or any co-branded versions of this web site) ("Site"), You agree to the following terms and conditions (the "Use Agreement"). Smartylance ("Smartylance" or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
This Site is for Adults Only
Our services are available only to individuals who can form legally binding contracts under applicable law. You may use this site and the services available here during the time You are a registered user.
The Site is Evolving
We may modify or discontinue this Site and the services available at it without notice or liability to You.
Smartylance is a Venue and a Finder
The Site functions as a venue to connect buyers and service providers in a virtual marketplace. As a neutral facilitator, Smartylance is not directly involved in the actual transactions between users of the Site. As a result, Smartylance has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, Smartylance cannot and does not confirm the identity of users. Smartylance also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any User on the Site. Because Smartylance assists service providers in finding buyers in need of services, Smartylance is considered the official finder for each project accepted through the site and its associated buyer and charges a transaction fee. Smartylance service providers and buyers are responsible for meeting payroll, tax and legal requirements for any legal entity.
Smartylance provides a directory of service providers.
The Site contains a directory of service providers. The directory is populated with information from various public sources and from subscribing service providers themselves. Smartylance provides this directory as a service convenience and does not confirm or verify the information within it. Consequently Smartylance does not guarantee the truth, accuracy, quality, legality, or safety of the directory entries. While Smartylance may make available to Users a voluntary third party verification service, Smartylance does not confirm or verify the qualifications, background, abilities, or availability of the service providers listed. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any service provider listed on the Site. You agree not to hold Smartylance liable for any loss or damage of any sort incurred as the result of use of any information contained within the directory or as the result of the presence of such information on the Site.
Your Relationship with Merchants, Advertisers, and Users
Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold Smartylance liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Site.
Smartylance Limited, Smartylance Novice, and User Rights
The Site has two components: the Novice Marketplace, "Smartylance Novice," and the Limited Marketplace, "Smartylance Limited." This Use Agreement applies equally to each component, unless clearly designated. Smartylance Limited contains Limited projects and Limited service providers, all of which are denoted by the "Limited" icon and other identifying characteristics. Only Limited service providers are allowed to bid on projects posted in Smartylance Limited and post comments to the public project message boards in Smartylance Limited. (See the section entitled "Limited Service Provider Requirements" for the requirements to become a Limited service provider.) Novice providers and Limited providers may bid on projects in the Novice Marketplace, post comments to the Novice marketplace project message boards and post comments in Smartylance's Community Boards. (Novice and Limited providers have agreed to this Use Agreement and agree to pay all relevant fees.) Limited Users (users who register on the site but do not pay any fees) cannot bid on projects.
Third Party Content, Verification and Monitoring
Smartylance may make available to users on the Site various services provided by third parties ("Verification Service Providers") which verify a User's identity or credentials. Use of the services provided by Verification Service Providers in the Professional Marketplace is voluntary. To become a Limited service provider, users must be authenticated by the applicable Verification Service Provider. See the section entitled "Limited Service Provider Requirements" for details.
Smartylance is a distributor (and not a publisher) of content supplied by any third parties (including but not limited to Verification Service Providers) and users of this Site. Smartylance has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users and Verification Service Providers, are those of the respective author(s) or distributor(s) and not of Smartylance. Smartylance neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized Smartylance employees acting in their official capacities. Smartylance does not confirm or verify if a service provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the services or advice being requested. You understand and acknowledge that Smartylance is not responsible for and does not monitor content for accuracy or reliability.
Smartylance Subscription Fees
Smartylance charges subscription fees to be a Limited, Professional or Enhanced level service provider. Subscriptions may be paid monthly, quarterly or annually, with discounts given for quarterly and annual subscriptions in exchange for up-front payment and commitment to the full payment plan. Payments may be made via credit card or the User's Stored Value Account if the user has agreed to the Payment and Billing Service Terms of Use Agreement, incorporated below. The billing period begins on the date that Smartylance receives the User's Payment to become a Limited, Professional, or Enhanced level provider. Monthly, quarterly and annual periods are calculated from the beginning of that billing period. There is no charge for a Courtesy listing. The MINIMUM charge per transaction is $25USD, therefore the MINIMUM commission fee payable to SmartyLance, Inc. is $25USD.
Automatic Renewal
Monthly, quarterly and annual subscription fees are automatically renewed, unless cancelled by User. If a User pays by credit card, Smartylance will automatically charge the monthly, quarterly or annual fee to the User's supplied credit card and You authorize Us to charge such credit card for the appropriate subscription fees and amounts stated. If the User pays via the Stored Value Account, Smartylance will deduct the appropriate subscription fee from the User's Stored Value Account each month, quarter or each year, whichever is applicable. Smartylance reserves the right to increase subscription fees or to institute new fees at any time, upon reasonable notice posted in advance on this Site. The renewal charges will be the same as the regular subscription fees as described above, unless otherwise notified in advance. Users may upgrade from Professional provider to Limited provider status at any time and the unused portion of Professional subscription fee will be credited toward the Limited fees. The billing cycle is then based upon the date Smartylance receives payment of the Limited fees. Users changing to quarterly or annual subscriptions will have their new rates take effect at the beginning of the next billing date. Upgrading/adding additional categories will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category subscription. .
Downgrades are ONLY available after your current subscription has been completed. Downgrades to a shorter payment plan or cancellation of any subscription will not result in any refund or credit of fees already paid. Subscription fees, whether paid monthly, quarterly and annually, are charged up-front and no refunds or credits will be given upon cancellation. The cancellation of a subscription will go into effect at the end of your current billing cycle. Additional fees may apply if you decide to resubscribe at a later date.
Smartylance "Lead" Fees
A monthly allotment of free leads is included with each paid Limited and Professional subscription. This monthly allotment starts on the same day of the subscription Eastern Standard Time, and renews every 30 days. Unused leads are forfeited at the end of the 30-day period and will not be carried over into the next month. Service providers will be charged a lead fee for bids in excess of this monthly allotment. Lead fees are based on the category and tier of the project. These lead fees will be due at the end of each 30 day period or upon a service provider reaching a maximum credit limit as determined by Smartylance and outlined on the site. The invoice will need to be paid before a service provider can continue bidding on projects. Payments may be made via credit card or the User's Stored Value Account if the user has agreed to the Payment and Billing Service Terms of Use Agreement, incorporated below. Smartylance reserves the right to change the monthly allotment of free leads, change the price for leads, or institute new fees at any time, upon reasonable notice posted in advance on this Site. No refunds of fees already paid will be given.
Limited Service Provider Requirements
Limited service providers have agreed to the Limited Professional Standards and Limited Authentication Requirements as outlined on the site.
After payment of the Limited provider subscription fee and before and pending approval from the Verification Service Provider, applicants will be on a grace period as a Limited Provider. If the applicant fails confirmation by the Verification Service Provider required by the program, the applicant will lose his or her temporary "Limited" status. If the failure is due to the applicant's errors or omissions, then Smartylance will not refund the Limited provider fees already paid. If the failure is due to an error or issues on the part of the Verification Service Provider or is otherwise not the fault of the applicant, then the user must report this problem to Smartylance in a timely manner. Smartylance then will refund the applicant's Limited subscription fees on a pro-rata basis, from the date of removing the Limited provider icon. Refunds resulting from verification failure will be determined by Smartylance, at its sole discretion, on a case-by-case basis. (These criteria are subject to change. If additional requirements are added, the provider must meet them in order to retain Limited provider status.)
Feedback System
As a User, you will be able to post public feedback about Users with whom you have transacted. You also agree to receive public feedback from Users with whom you have transacted. You acknowledge that your feedback may consist of comments and ratings left by other users and that Smartylance may calculate a composite feedback number based on these individual ratings. Service providers agree to be rated by buyers along several criteria, as determined by Smartylance. Smartylance provides its feedback and rating system as a means through which users can express their opinions publicly, and Smartylance does not monitor or censor these opinions or investigate any remarks posted by users for accuracy or reliability. Please note that you may be held legally responsible for damages suffered by other Smartylance users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, Smartylance is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable. You agree NOT to take any actions that undermine the integrity of the feedback system, including but not limited to those outlined in the Feedback Policy
Posting of Information on the Site
As a User, You will be allowed to post information, data and text to publicly accessible and limited-access areas (including but not limited to the private "Workspace" area) of the Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Site unless they are provided by Smartylance or a Smartylance partner, such as a Verification Service Provider, or You have sought and received express permission from Smartylance to display such logo, seal or slogan.
In order to operate the Site, Smartylance must have certain rights. Consequently, when You post information, text, files, links, attachments, software or other materials ("Content") to publicly visible areas of the Site, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
You must use good judgment when posting information, remarks or other Content regarding other users, service providers, Smartylance or any other third party. You may be held legally responsible for damages suffered by other Users, Smartylance or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which You post to the Smartylance Site. Under federal law (specifically, the Communications Decency Act of 1996), Smartylance is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. Smartylance is not responsible for and does not monitor or censor Content for accuracy or reliability. However, Smartylance reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if Smartylance considers such information or Content to be in violation of its Use Agreement or posted rules or policies, including information or Content Smartylance consider’s to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of Smartylance or other users or otherwise objectionable.
You also agree to all Smartylance policies on the release of contact information between users, as described herein and elsewhere on the Site. You are restricted from releasing your telephone number, email address, URL and other such contact information to other users of the Smartylance Site until such time as You agree to purchase a Lead from Smartylance if you are a service provider or agree to post that information if you are a Buyer.
Provide Accurate Information
You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever You post any information on or to the Site (including but not limited to posting a request for services, bidding on a posted project, and/or posting your profile), You agree to provide true, accurate and complete information. Smartylance reserves the right to terminate Your account upon the discovery that the information You provided or posted is not complete or accurate.
Further, your Smartylance account (including feedback) and User ID may not be transferred or sold to another party.
Guard Your Password
You must safeguard the User ID and password You use to access this Site. You authorize us to assume that any person using the Site with Your User ID and password either is You or is authorized to act for You.
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