Terms & Conditions
Smarter.com ("Smarter", "Site", "we", "our" or "us"), which is operated by ValueClick Brands, Inc. provides you with access to this website and the services available on this website. Access to and use of the Services (defined below) is governed by these Terms and Conditions (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.
"Services" shall mean items, including without limitation the following: products, promotional offers and service listings provided by merchants on Smarter.com (located at www.smarter.com) and possibly on other affiliated websites and/or applications as well as shopping content provided by Smarter and/or third parties. We often provide you listings based on your search in the search box or through other means to enable you to compare products, prices and stores. The Services try to provide you with the latest available shopping information which allows you, the user, to compare prices of Services provided by merchants that we display on Smarter.com.
Smarter.com introduces you to various merchants of goods and/or services online. We use reasonable efforts to ensure the availability of the information and content on the Site, including product information and pricing. However, you should note that merchants have the ability to change or terminate their service at any time, including, but not limited to, the coupon or offer code, the expiration date, their pricing or product availability. Because the Services are composed of content not always offered by us, we do not control and guarantee (i) the pricing or availability of products, services or promotions provided by the merchant; (ii) the availability or technical capabilities of the merchant websites or links to their websites;(iii) the quality, safety or legality of items, promotions or services available on our Site or on merchant websites or sites of third parties;(iv) the terms of Services made by the merchant; and (v) the truth or accuracy or legality of the content on our site from us, such merchants or third parties. We are not liable or responsible for the Services, or for actions you might take in reliance on the Services.
Nothing contained in any of the Services is an offer, guarantee or promise. We do not guarantee the price, terms, availability, and other details of any of the Services.
With respect to the Services, we are not involved in any transactions that you consummate between you and any of the merchants whose Services are listed on our Site. We are also not responsible for, and do not guarantee the price, terms, performance or any aspect of the Services nor any advertisement by a third party displayed on our Site. If you have a dispute with one or more merchants in connection with the Services or the Site, you agree to release and hereby release us, our parent company and its affiliates (and their officers, directors, agents, employees, successors, assigns, content providers and service providers) ("ValueClickBrands Entities") from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If applicable, you waive California Civil Code Section 1542, which says:
"a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Only Personal Use is Authorized
Under this Agreement, we only give you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above and herein, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror nor copy on your own website any portion of the Services or display through your own website any results pages or other information from the Services without our express permission.
The technology underlying, and content within, the Services is owned by ValueClick Brands and/or its licensors (including ValueClick Brands's merchants and other content providers) and is not owned by you and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and ValueClick Brands, ValueClick Brands owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.
Password Protected Area
Some areas of this site ("Password Protected Areas") may be password protected and available only to Users who are registered with us to have an account. Registration may require Users to fully complete the account registration process. We reserve the right to deny or revoke registration or access to Password Protected Areas for any User. We take reasonable measures to ensure the security of the Password Protected Areas, if any but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from us, if any and must notify us if they believe that the security of their password or account, if any has been breached or subject to unauthorized use. We will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password, if any.
Disclaimer of Warranties
The Services are provided "as is," without warranty of any kind. We disclaim any warranties, express or implied, including any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Smarter.com's Potential Liability for the Services is Limited
Neither we nor any of our officers, directors, agents, parent company, subsidiaries, affiliates, employees, successors, assigns, content providers or service providers will be liable to you for any indirect, incidental, special or consequential damages arising out of use of the Services, or inability to gain access to or use the Services. Neither we nor any ValueClick Brands Entities will be liable for any material of any websites you link to as part of the Services or for information contained in or part of the Services including but not limited to search results. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, our respective liability, and that of our employees, agents, successors, assigns, parent company, subsidiaries, affiliates, and content or service providers is limited to the greatest extent permitted by applicable law.
Defamation, Copyright and Trademark Claims
We may be deemed a provider of an interactive computer services for purposes of 47 U.S.C. Section 230. As such, its liability for others' conduct and information is limited as described therein.
Pursuant to the Digital Millennium Copyright Act, we have designated an agent to receive notifications of alleged copyright infringement on the Services:
ValueClick Brands, Inc.
555 12th Street, Suite 500
Oakland, CA 94607
E-Mail: contact us
In notifying us of an alleged copyright infringement, you must include the following information: A description of the copyrighted work that is the subject of claimed infringement, a description of the infringing material and information sufficient to permit us to locate the alleged material, your contact information, including your address, telephone number and/or email address, and a statement by you that you have a good faith belief that the material subject to the complaint is not authorized by the copyright owner, its agent, or by the operation of any law. We must also receive a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed along with a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act, please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
We do not arbitrate or resolve trademark disputes among our advertisers, merchants or between those advertisers, merchants and third parties. However, we will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. We occasionally receive requests to remove listings from within the Services. We reserve the right to address such requests on a case-by-case basis.
Privacy and Data Collection
You should consider any communication that you transmit to us (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that we will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.
Control over Features, Functions, and Access to the Services
We reserve the right to change any information, features and functions of the Services without prior notice. We may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights, the rights of any ValueClickBrands Entity or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Disclosure and Relationships
One of our goals is to provide honest and unbiased content. Please be aware that at times we may receive free and/or discounted products and services from companies associated with such products and/or services on which we write/post about, and we may donate some of such products and services to individuals or organizations not directly affiliated with ValueClick Brands. Further, we may publish content, advertisements and the like concerning or related to products, services, and/or companies described herein. At times we may receive compensation for our actions described herein, including but not limited to posting and publishing. Examples of such compensation would include but not be limited to advertising revenue, percentage of sales commissions for purchased items, and referral fees for clicks received by advertisers or other third parties.
You may direct any questions concerning this Agreement to:
ValueClick Brands, Inc.
555 12th Street, Suite 500
Oakland, CA 94607
E-Mail: contact us
We may amend this Agreement at any time by posting the amended terms on its Website. All amended terms are automatically effective 14 days after they are initially posted by us.
This agreement was last revised on March 17, 2014