Terms of Use

These Terms of Use ("Terms") govern your subscription to and use of the email newsletters and related services (collectively, the "Services") operated by Smarter Report ("we," "us," or "our"). By subscribing to or accessing our Services, you agree to be bound by these Terms. If you do not agree, do not subscribe to or use our Services.

1. Our Services

We publish and distribute email newsletters containing editorial content, curated information, advertisements, and links to third-party websites. The specific content, frequency, and format of our newsletters may change at any time without notice.

2. Eligibility

You must be at least 16 years of age to subscribe to or use our Services. By subscribing, you represent that you meet this age requirement.

3. Subscription

3.1 Subscribing.

To receive our newsletters, you must provide a valid email address and any other information requested during the subscription process. You agree to provide accurate and current information.

3.2 Communications.

By subscribing, you consent to receive our newsletters and related communications at the email address you provide. You may also receive service-related messages (such as subscription confirmations or changes to these Terms).

3.3 Unsubscribing.

You may unsubscribe at any time by clicking the "unsubscribe" link included in every email or by contacting us at the address listed below. We will process your request promptly, though you may receive a small number of previously scheduled emails before your unsubscription takes full effect.

4. Intellectual Property

4.1 Our Content.

All content included in or made available through our Services, including text, graphics, images, logos, trademarks, and the selection and arrangement thereof (collectively, "Content"), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Content for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Content without our prior written consent.

4.3 Feedback.

If you provide us with suggestions, ideas, or other feedback regarding our Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback for any purpose without obligation to you.

5. User Conduct

You agree not to:

• Use our Services for any unlawful purpose or in violation of these Terms
• Provide false or misleading information when subscribing
• Attempt to gain unauthorized access to our systems or networks
• Use automated means (bots, scrapers, or similar tools) to access, collect, or interact with our Services without our prior written permission
• Interfere with or disrupt the operation of our Services
• Use our Content to train artificial intelligence or machine learning models without our prior written consent

6. Third-Party Content and Links

Our newsletters and websites may contain links to third-party websites, products, services, or content that we do not own or control. We provide these links for convenience only and do not endorse, warrant, or assume responsibility for any third-party content, products, or services. Your interactions with third parties are solely between you and the applicable third party.

7. Advertising and Sponsored Content

Our Services may include advertisements, sponsored content, and partner offers. We may receive compensation from third parties in connection with this content. While we aim to clearly identify sponsored content, you acknowledge that our newsletters are advertising-supported and that advertising is integral to the delivery of our Services.

8. Disclaimers

8.1 "As Is" Basis.

OUR SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.

8.2 No Professional Advice.

Nothing in our newsletters constitutes professional, legal, financial, medical, or other specialized advice. Any information provided through our Services is for general informational and entertainment purposes only. You should consult a qualified professional before taking action based on any content in our newsletters.

8.3 No Guarantee of Delivery.

We do not guarantee that our emails will be delivered to your inbox. Email delivery depends on factors beyond our control, including your email provider's filtering and spam policies.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

(b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

(c) THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Smarter Report, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our Services; (b) your violation of these Terms; or (c) your violation of any third-party rights.

11. Governing Law and Dispute Resolution

11.1 Governing Law.

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

11.2 Dispute Resolution.

Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of those courts.

11.3 Class Action Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12. Termination

12.1 By You.

You may terminate your relationship with us at any time by unsubscribing from our newsletters.

12.2 By Us.

We may suspend or terminate your subscription or access to our Services at any time, for any reason, without notice.

12.3 Effect of Termination.

Upon termination, your license to use our Content will immediately cease. Sections 4, 8, 9, 10, 11, and 13 will survive any termination of these Terms.

13. General Provisions

13.1 Entire Agreement.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

13.2 Severability.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

13.4 Assignment.

We may assign our rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.

13.5 Amendments.

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice in our Services. Your continued use of the Services after any modification constitutes acceptance of the updated Terms.

14. Contact Us

If you have questions about these Terms, please contact us:

Smarter Report
smarterreport.com
1686 S Federal Hwy #222,
Delray Beach, FL 33483
Email: contact@smarterreport.com