Terms and Conditions of Membership in thesmartmoneysecret.com (“CS”)
By accessing the membership area of this website, which has the same force and affect as signing this agreement by hand, you agree to the following additional terms and conditions regarding your membership with CS:
Representations & Liabilities:
You have read, understood, and agreed to every provision of this Agreement, including any attachments, exhibits, and amendments thereto.
For purposes of this Agreement, the term “Member” refers to the individual that purchases any CS product and is accepted into the CS Membership.
By entering into this Agreement, you are becoming a Member of CS, an online publishing cooperative group and no other relationship is created by joining this membership, including, but not limited to, the following: agency, partnership, employee, joint venture, shareholder, or independent contractor.
While your membership provides you with strategies, tips, and ideas for improving your financial profile, you are solely responsible for any action you take based on the content therein. You understand that the information provided is for informational and entertainment purposes only, and any opinions or templates are provided as examples only. You have not looked to CS to provide any tools or instrumentalities necessary to make any false statements to your creditors, debt collectors, or credit bureaus.
You further warrant and represent that all content of your correspondences are created by you and not CS, and none of the facts, opinions or other substantive content on your communications were provided by CS.
CS has no ability or duty to control your conduct except for CS’s ability to enforce this Agreement and its terms.
CS makes no representations or warranties regarding any results from your participating in this membership program.
You agree to abide by all applicable rules and laws governing your actions. You represent and warrant that your communications will not contain any materials that are illegal and that your websites are not operated for an illegal purpose or in an illegal manner.
You will not slander, smear, defame, or disparage any competitors, company or individual entity, or any words that are meant to mislead a company, customer or consumer.
You will ensure that all content you create is true, accurate, and up-to-date.
CS is not responsible for any matter pertaining to your efforts to improve your financial profile, or content thereof, and you hold CS harmless from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to your actions and business. Such indemnity includes CS’s costs and attorneys fees in defending any such matter.
Email & SMS:
By becoming a paid member of our website, you are agreeing to be added to our customer email list, as well as our SMS text message customer list. Both are aimed at providing you with important details about your membership, including login information, how to access the online community, and receipts. You are consenting to receive promotional messages from reputable third party companies whose products may be of further interest to you. All emails and SMS messages contain a clear opt-out link.
Fraud:
We take fraud very seriously. You agree that you are the primary cardholder of the credit card used to join our website, and that you have the right to enter into this agreement by submitting a valid payment. Your IP address will be captured upon payment, and our product(s) will be shipped to your billing address with USPS tracking.
Affiliates:
Your website and marketing materials must be in compliance with all Federal Trade Commission (“FTC”) regulations in regards to any affiliate marketing or endorsement program you join while a member of CS. Specifically, to the extent you become an affiliate of any entity and are compensated by that entity, you must include a disclosure on each page of your website and on all marketing material about your relationship with that entity. You must clearly and prominently include this disclosure in writing in a type size and location sufficiently noticeable for an ordinary consumer to read and comprehend it.
Termination:
You agree and understand that any violation of this Agreement or any individual term and condition herein will result in your immediate removal from the membership program.
Either CS, on the one hand, or you, the Member, on the other may terminated this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with the Agreement. You understand that by terminating this Agreement, you will no longer be a Member of CS. Notices sent hereunder shall be via e-mail to the Member at the e-mail address provided upon the initial registration of your Membership. Any and all notices to the Member via e-mails at such address shall be deemed to be effective notice to you for all purposes.
This Agreement shall remain in full force and effect until terminated by CS or by you, the Member.
Modification:
CS reserves the right to modify any terms and conditions of this Agreement upon notice to you, the Member. Notice of any changes may be given via e-mail to the Member, or by posting the modifications on the CS website, or by requiring you, the Member, to click on a button agreeing to a modification during the process of logging in to the CS website/s (which shall have the same force and effect as a hand signature). Such changes and modifications will take effect upon transmission of an e-mail or clicking on the button indicating agreement. In the event that the Member does not log into the system/s for 5 days after the posting of this modification on the CS website, the Member will be deemed to have accepted any such modifications. You may terminate your Membership in the event that any of these modifications are unacceptable to you and such termination shall be your sole and exclusive remedy. In the event that you fail to exercise your right to terminate or you continue to remain a Member following such modifications, you will be deemed by your continued participation to accept any and all such changes.
Entire Agreement:
This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties, or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by an authorized representative of each of the parties, except as otherwise stated herein. If any provisions or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other terms or condition of this Agreement.