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Extension Number: 2147
Please read the following Website User Agreement carefully
before using this website.
This Website User Agreement (herinafter referred to as "UTOS")
describes the terms and conditions applicable to your use of
D. J. Smart Lending Solutions USA (hereinafter referred to as
"SMART LENDING SOLUTIONS USA") owned websites (hereinafter
WEBSITE), which may be updated by SMART LENDING SOLUTIONS USA
without notice to you. This Website User Agreement constitutes
an agreement between you the user (hereinafter YOU), and SMART
LENDING SOLUTIONS USA. If YOU do not accept the terms of this
user agreement, YOU may not use this website. SMART LENDING
SOLUTIONS USA may from time to time revise these terms and
conditions by updating this posting.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ANY
SUCH REVISIONS AND SHOULD THEREFORE VISIT THIS PAGE TO
DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH
USE OF THIS WEBSITE.
Use of Materials, Restrictions, Copyrights
MATERIAL in this website are either owned or copyrighted
by SMART LENDING SOLUTIONS USA, their advertisers and/or by
others. Except as stated herein, none of the MATERIAL on
WEBSITE may be saved, downloaded, copied or reproduced in
any form including but not limited to electronic, digital,
mechanical, photocopying without the prior written consent of
SMART LENDING SOLUTIONS USA. All electronic images, virtual
tours and video are for viewing purposes only. No permission
is granted to download and/or save any of the MATERIAL
including but not limited to text, electronic images,
photographic images, virtual tours, video, recipes, menus,
hours, driving directions, business description, coupons,
entertainment information, business name and/or logo and any
other information published on this website (hereinafter
referred to as MATERIAL) to any computer storage device.
Permission is granted to YOU to print the web pages on
WEBSITE providing (i) you print only one copy, (ii) the
MATERIAL contained within such web pages will be used for
your non-commercial personal use only, (iii) all copyright
and proprietary notices are printed on the copies, and (iv)
you do not distribute the copy in whole or in part to any
third party or entity. This permission terminates
automatically if you breach any of these agreement terms
and conditions. Additionally the MATERIAL on this website
is not to be saved, downloaded or stored on any non-SMART
LENDING SOLUTIONS USA owned Internet computer servers.
Compliance With Local Laws
SMART LENDING SOLUTIONS USA makes NO representation that
the materials and MATERIAL contained in this website are
legal in all jurisdictions. You the user are responsible to
ensure that viewing the MATERIAL and materials in this
website is in compliance with applicable local and state
laws.
MATERIAL & Material Accuracy
YOU the user acknowledge that the MATERIAL viewed in
this WEBSITE has NOT been reviewed by SMART LENDING SOLUTIONS
USA for completeness or accuracy. SMART LENDING SOLUTIONS
USA, their licensors and/or advertisers are NOT responsible
for typographical errors or omissions of any kind, including,
but not limited to, prices, menus, hours, driving directions,
recipes, description, coupons, entertainment information,
for any listed and/or advertised business on WEBSITE. The
information for each business is provided for informational
purposes only. YOU, the user, bear the entire risk of using
the materials and MATERIAL of this WEBSITE. All MATERIAL on
this website is subject to change, without notice.
Hyperlinks
The WEBSITE may provide YOU, the user, with links to
third party web sites not owned or affiliated with SMART
LENDING SOLUTIONS USA. SMART LENDING SOLUTIONS USA has no
control over these websites nor the MATERIAL within them,
and does not endorse the MATERIAL of any hyperlinked web
site. SMART LENDING SOLUTIONS USA is not responsible for
the availability of these linked web sites. Additionally,
SMART LENDING SOLUTIONS USA shall not be held responsible
nor liable, directly or indirectly, for any claim in
connection with computer viruses, MATERIAL, goods or services
provided or offered on or through any of these third party
web sites or any other website that may be linked to these
third party websites.
Communications & Privacy (D. J. Smart Lending Solutions
USA's Privacy Policy)
Any text, image, material, information, form, or e-mail
(hereinafter referred to as "INFORMATION") YOU, the user,
transmit or provide to and/or through (i) SMART LENDING
SOLUTIONS USA at this domain and/or other domain, (ii) SMART
LENDING SOLUTIONS USA advertisers on WEBSITE, (iii) businesses
listed on WEBSITE and/or (iv) this WEBSITE and/or SMART
LENDING SOLUTIONS USA databases by any means will be
considered NON-CONFIDENTIAL and NON-PROPRIETARY and is the
property of SMART LENDING SOLUTIONS USA. SMART LENDING
SOLUTIONS USA shall not disclose INFORMATION to third-parties
without your written or verbal consent, except that SMART
LENDING SOLUTIONS USA may disclose such information to SMART
LENDING SOLUTIONS USA's clients and/or WEBSITE advertisers
and to third parties that perform services on SMART LENDING
SOLUTIONS USA's behalf. YOU, the user agree, that SMART
LENDING SOLUTIONS USA is not responsible for how INFORMATION
YOU transmitted and/or provided is used. YOU, the user,
agree not to transmit or provide to and/or through SMART
LENDING SOLUTIONS USA at this domain and/or other domain,
SMART LENDING SOLUTIONS USA advertisers on WEBSITE,
businesses listed on WEBSITE and/or this WEBSITE and/or
SMART LENDING SOLUTIONS USA databases any unlawful,
threatening, libelous, defamatory, obscene, pornographic or
otherwise offensive INFORMATION.
Reservation Request Service (Reservation Request
Service Policy)
If YOU the user choose to send a reservation request
via this WEBSITE reservation request service, YOU the user
consent and agree that INFORMATION provided shall be
transmitted to the business you selected via a non-secure
e-mail, fax transmission and/or cell phone text message in
accordance with D. J. Smart Lending Solutions USA's Privacy
Policy. YOU the user agree SMART LENDING SOLUTIONS USA is not
responsible for lost or misdirected reservation requests
regardless of cause. YOU the user acknowledge and agree that
SMART LENDING SOLUTIONS USA will maintain a permanent record
of such reservation request. YOU the user agree to indemnify
and hold harmless SMART LENDING SOLUTIONS USA, its directors,
officers, employees, agents, from any claim including reasonable
attorneys fees arising from or related to your reservation
request.
Online Food Ordering Service (Online Food Ordering
Service Policy)
If YOU, the user, choose to order food via this WEBSITE
online food ordering service, YOU, the user, consent and
agree that INFORMATION provided shall be transmitted to the
business you selected via a non-secure e-mail, fax transmission
and/or cell phone text message in accordance with D. J. Smart
Lending Solutions USA's Privacy Policy. YOU, the user, agree
that SMART LENDING SOLUTIONS USA is not responsible for lost
or misdirected online food orders regardless of cause. YOU,
the user, acknowledge and agree that SMART LENDING SOLUTIONS
USA will maintain a permanent record of such online food orders.
YOU, the user, agree to indemnify and hold harmless SMART
LENDING SOLUTIONS USA, its directors, officers, employees,
agents, from any claim including reasonable attorneys fees
arising from or related to your online food order.
Gift Certificate Purchases (Gift Certificate Purchase
Policy)
If YOU the user choose to purchase a gift certificate via
this WEBSITE gift certificate online order form, you the
user consent and agree that all INFORMATION provided shall
be transmitted to the business you selected via a secure
electronic method and/or by non secure facsimile transmission
(fax). Gift Certificates YOU purchase are valid for one (1)
year from date of purchase unless otherwise noted on the gift
certificate online order form and confirmation. Gift
Certificates are NOT refundable and cannot be redeemed for
cash. YOU are purchasing the Gift certificates from the
business selected and shall be charged for the Gift
Certificates directly from the business. YOU agree to pay
for your Gift Certificate purchases in accordance with your
credit card agreement. YOU the user agree SMART LENDING
SOLUTIONS USA is not responsible for lost or misdirected
Gift Certificates requests and/or lost or misdirected shipping
of such Gift Certificates to YOU regardless of cause. YOU the
user acknowledge and agree that SMART LENDING SOLUTIONS USA
will maintain a permanent record of such gift certificate
purchase except that upon transmitting of gift certificate
purchase INFORMATION to the business you selected SMART LENDING
SOLUTIONS USA shall not maintain a record of the credit card
information provided. YOU the user agree to indemnify and
hold harmless SMART LENDING SOLUTIONS USA, its directors,
officers, employees, agents, from any claim including
reasonable attorneys fees arising from or related to your
Gift Certificate purchases, Gift Certificate redemption and/or
the process of transmitting INFORMATION provided by YOU the
user, to the business YOU selected.
Trademarks, Service Marks, Copyrights and Use of Third
Party Materials
SMART LENDING SOLUTIONS USA and/or licensors and/or others
own all trademarks, service marks and/or copyrighted material
posted on WEBSITE. No trademarks, service marks and/or
copyrighted material posted on WEBSITE may be used without
the prior written consent of their owner. The trademarks
SMART LENDING SOLUTIONS USA, D. J. SMART LENDING SOLUTIONS
USA'S, RESTAURANTSMART LENDING SOLUTIONS USA and RESTAURANT
PASSION are owned by SMART LENDING SOLUTIONS USA. All other
trademarks or service marks are owned by their respective
companies. ALL TRADEMARKS WHETHER MARKED OR UNMARKED, ARE THE
PROPERTY OF THEIR RESPECTIVE OWNER.
No Unlawful or Prohibited Use
As a condition of your use of WEBSITE, YOU warrant and
represent that YOU will not use the WEBSITE for any commercial
purposes or for any purpose that is unlawful or prohibited
by these terms. Furthermore, YOU specifically agree NOT to
use this WEBSITE to solicit the businesses listed and/or
advertised on this WEBSITE for any commercial and/or fund
raising purpose. In addition, YOU agree not to use the
WEBSITE in any manner that could damage, disable, overburden,
or impair the WEBSITE or interfere with another person's use
and enjoyment of the WEBSITE. Sending commercial e-mail
information and/or solicitations, sending commercial
information and/or solicitations via online WEBSITE forms
and/or making commercial telephone calls to businesses listed
and/or advertised on this WEBSITE is strictly prohibited, and
a violation of the terms and conditions of the use of this
WEBSITE. Such violation may result in civil and/or criminal
penalties against the sender and those assisting the sender.
Only non commercial communications for obtaining information
about the products and/or services businesses listed and/or
advertised on this WEBSITE provide is permitted.
Warranties
YOU the user acknowledge and agree that SMART LENDING
SOLUTIONS USA makes no warranty that this website shall meet
your requirements, or that this website is error free or
that the quality of the products or services provided by
SMART LENDING SOLUTIONS USA and/or its licensors, advertisers,
and vendors will meet your expectations. Additionally, YOU
the user agree you are solely responsible for any damage
caused to your computer system or data loss regardless of cause
including but not limited to accessing and downloading corrupt
or virus containing files resulting from your use of WEBSITE or
any third party website however linked to this WEBSITE.
Indemnity
YOU the user agree to indemnify and hold harmless SMART
LENDING SOLUTIONS USA its directors, officers, employees,
agents, vendors, advertisers, and clients from any claim
arising from (i) your use of WEBSITE, or (ii) violation of
the terms and conditions of the use of this WEBSITE or (iii)
your violation of any law or (iv) your violation of the
rights of any third party.
Liability Limitation
YOU THE USER AGREE THAT SMART LENDING SOLUTIONS USA SHALL
NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT
NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT
OF THE USE OR IN CONNECTION WITH THE USE OR ANY OTHER MATTER
RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING NEGLIGENCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THIS LIMITATION
MAY NOT APPLY TO YOU.
User Representation
YOU the user represents, warrant and covenant that (a) you
have the power and authority to enter into this agreement;
(b) you are at least 18 years of age; and, (c) YOU will only
use the website in accordance with the terms and conditions
contained herein.
Severability
Should any provisions of this Agreement be held by a court
of law to be illegal, invalid or unenforceable, the legality,
validity and enforceability of the remaining provisions of
this Agreement shall not be affected or impaired thereby.
Waiver
The waiver by SMART LENDING SOLUTIONS USA of a breach of
any provision of this Agreement by you shall not operate or
be construed as a waiver of any other or subsequent breach
by YOU.
Scope of Agreement
This Website User Agreement (UTOS) constitutes the entire
agreement between SMART LENDING SOLUTIONS USA and YOU, the
user, and supersedes any previous agreements on this subject.
If any part of this agreement is found to be unenforceable
for any reason, all other parts of this agreement shall remain
in effect. Any non-enforcement of this agreement by D. J.
Smart Lending Solutions USA shall not be considered a waiver
of rights. The laws of the State of New Jersey shall govern
this agreement. The State of New Jersey is the exclusive
jurisdiction for disputes. Venue for any disputes will be
in State court in Morris County, New Jersey or Federal Court
located in Newark, New Jersey.
Comments
Forward any questions or comments regarding this WEBSITE
to webmaster@djSmart Lending Solutions USA.com
Smart Lending Solutions LLC
1810 W. Northern Ave, STE A-9,
Phoenix, AZ 86021
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