TERMS OF USE

GENERAL

This is a legal agreement between Smart Innovative Products, LLC, an Arizona Corporation, and owner of the brand, Smart Apron, and you (“you” or “User”), the user of the website, blog(s), mobile application, or similar service, product, or platform associated with these Terms of Use (“Site”). By accessing, browsing, or using the Site, you acknowledge that you: (i) have read, understand, and agree to be bound by these Terms of Use and Smart Apron Privacy Policy and (ii) must comply with all applicable laws and regulations related to your use of the Site.

THESE TERMS OF USE CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT SMART APRON INNOVATIVE PRODUCTS, LLC LIABILITY TO YOU. PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY. BY USING THE SITE IN ANY MANNER, YOU WILL BE DEEMED TO HAVE ACCEPTED AND AGREED TO THESE TERMS OF USE AND SMART APRON INNOVATIVE PRODUCTS, LLC PRIVACY POLICY.

Your use of this Site is at your own risk. If you are dissatisfied with these Terms of Use, Smart Innovative Products, LLC Privacy Policy, the Site’s content, or other aspects of the Site, your sole remedy is to stop using the Site.

MODIFICATION OF THESE TERMS OF USE

Smart Innovative Products, LLC may modify or revise these Terms of Use at any time by updating this webpage. Any alteration to the Terms of Use will be effective immediately upon posting, unless expressly stated otherwise. By using the Site after any modification or revision, you agree to be bound by the Terms of Use as modified or revised. You should visit this webpage periodically to review these Terms of Use.

THIRD PARTY & USER CONSENT

The Site may contain content or links posted by you, other users, or third parties (“Unaffiliated Content”). Smart Innovative Products, LLC is not responsible for monitoring the Unaffiliated Content, but Smart Innovative Products, LLC reserves the right to monitor and remove the Unaffiliated Content in its sole and absolute discretion. All Unaffiliated Content you submit to the Site will be considered part of the public domain. You will be solely responsible for all Unaffiliated Content that you submit, including its accuracy, timeliness, and completeness, and for any claims of infringement concerning that Unaffiliated Content. By submitting Unaffiliated Content, you automatically grant Smart Innovative Products, LLC an unlimited, royalty-free, perpetual, irrevocable, fully transferable and sublicensable, worldwide license to use, copy, distribute, display, create derivative works from, sell, sublicense, and otherwise use or exploit the Unaffiliated Content in any manner that Smart Innovative Products, LLC determines in its sole discretion. If you do not agree to the foregoing, you should not submit any Unaffiliated Content to the Site.

Neither Smart Innovative Products, LLC nor any of its affiliates, predecessors, successors, heirs, assigns, agents, employees, officers, directors, managers, owners, representatives, attorneys, or any persons acting by, through, under, or in concert with any of them (collectively, “Affiliates”) makes any representations or gives any warranties or guaranties concerning any Unaffiliated Content, and neither Smart Innovative Products, LLC nor any of its Affiliates will be liable for any damage or injury arising from any Unaffiliated Content. The presence of any Unaffiliated Content on the Site is not to be considered an endorsement by Smart Innovative Products, LLC or any of Smart Innovative Products, LLC Affiliates of any person providing Unaffiliated Content, the views expressed in any Unaffiliated Content, or any products or services related to any Unaffiliated Content. Neither Smart Innovative Products, LLC nor its Affiliates is responsible for the content provided by any user of the Site and/or the conduct of any user, whether online or offline. Your use of or reliance on any Unaffiliated Content is at your own risk. By accessing the Site, you acknowledge that Smart Innovative Products, LLC merely acts as a passive conduit of the information made available by you, other users, or third parties. By accessing or otherwise using the Site, you acknowledge and assume all risks of harm, loss, or damage related to your use of the Site, and you hereby waive all claims and/or causes of action related to your use of the foregoing against Smart Innovative Products, LLC and its Affiliates.

USER REQUIREMENTS & RESPONSIBILITIES

In using the Site you shall not:

  • Send, post, transmit, or upload material or content that is threatening, harassing, defamatory, slanderous, or libelous;
  • Send, post, transmit, or upload, without proper authorization, information that you know or should know to be confidential, sensitive, or in breach of the law, including personally identifiable information;
  • Send, post, transmit, or upload material or content that infringes on any trademark, Send, post, transmit, or upload material or content that is obscene or pornographic;
  • copyright, or other intellectual property right;
  • Send, post, transmit, or upload “spam” or “junk mail”;
  • Send, post, transmit, or upload viruses or other harmful, disruptive, or destructive files;
  • Advertise any product or service;
  • Intentionally make false, deceptive, or misleading statements;
  • Navigate or search the Site by using any program, software, tool, or other device with the purpose of mass-collecting data, including by using a data scraper, miner, spider, robot, or script;
  • Use any Intellectual Property (as defined below) from the Site for a commercial purpose, including making any collection or use of any listings, descriptions, prices, or images of products;
  • Frame, mirror, or use any other framing programs on the Site;
  • Use any meta tags or other hidden text on the Site using Smart Innovative Products, LLC Intellectual Property;
  • Take any action that will interfere with the proper functioning of the Site; or
  • Employ automated means to access or use the Site.
  • You shall comply with all applicable laws, rules, regulations, and ordinances related to your online conduct and your use of the Site.
  • You shall not copy any of the Site’s content or reverse engineer or break into the Site.

MOBILE APPLICATIONS

Regarding mobile applications that are part of the Site, if you have enabled GPS or other location-based features, you acknowledge that your device location may be tracked and used consistent with Smart Innovative Products, LLC Privacy Policy. You can terminate device location tracking by us by uninstalling the mobile application. In addition to these Terms of Use, your use of a mobile application that is part of the Site may also be governed by additional terms of use specific to that mobile application.

SITE INTELLECTUAL PROPERTY

All of the Site’s content (including text, trademarks, service marks, logos, music, sounds, videos, software, scripts, graphics, interactive features, or any downloadable content [collectively, “Intellectual Property”]) is protected by copyright, trademark, patent, trade secret, trade dress, and other laws in both the United States and elsewhere. You may not use, sell, modify, reproduce, display, distribute, create derivative works from, or otherwise exploit any of the Site’s content or any other intellectual property related to the Site without the prior written consent of Smart Innovative Products, LLC or the content’s owner. Without limiting the foregoing, you may not use the ‘Smart Apron’ name, logo, trademark, or service mark in any manner without Smart Innovative Products, LLC prior written consent. Smart Innovative Products, LLC reserves all rights not expressly granted in and to the Site and the Intellectual Property. By accessing the Site, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of Smart Innovative Products, LLC. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. Nothing contained in these Terms of Use is to be construed as conferring upon you any license, title, or ownership interest in any of the Site’s content or any other intellectual property of Smart Innovative Products, LLC or any third party, whether by implication, estoppel, or otherwise, except as stated hereinabove.

COMMUNICATONS

Any unsolicited material that you submit to Smart Innovative Products, LLC, including suggestions on how to improve the Site, will be considered non-proprietary, public information that may be used by Smart Innovative Products, LLC for any purpose, as determined by Smart Innovative Products, LLC in its sole discretion, without any compensation to you. Notwithstanding the foregoing, all information submitted to Smart Innovative Products, LLC be handled in accordance with its Privacy Policy which is incorporated into these Terms of Use by this reference.

By submitting information to Smart Innovative Products, LLC electronically, including by email, you are consenting to receiving communications from Smart Innovative Products, LLC electronically, including by email. Should you elect to opt out of the receipt of electronic messages, you may do so by clicking on the "opt-out" link at the bottom of the email.

PRODUCT INFORMATION

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or images (including, without limitation, with respect to product colors) or other content on the Site is accurate, complete, reliable, current, or error-free or that all products are available for purchase at all times. Unless explicitly stated otherwise by Smart Innovative Products, LLC, reference to, or sale of, products or provision of other information is not, and does not imply, Smart Innovative Products, LLC endorsement, sponsorship or recommendation thereof.

All information provided by Smart Innovative Products, LLC is intended solely for educational, informational, or personal purposes. The U.S. Food and Drug Administration has not evaluated all statements, if any, made by manufacturers about the products available through the Site, and results may vary amongst individuals. You should use all products only in accordance with their instructions, guidelines, and precautions, and you should always check the ingredients to avoid potential allergic reactions.

The products available on the Site, including any samples provided to you by Smart Innovative Products, LLC, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Smart Innovative Products, LLC. Smart Innovative Products, LLC reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Smart Innovative Products, LLC in its sole discretion. Except where prohibited by law, Smart Innovative Products, LLC may limit the number of products available for purchase.

PURCHASES

Any purchase of products from the Site or otherwise from Smart Innovative Products, LLC shall be in accordance with the prices and purchase options set forth at the time of purchase. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S. You agree to pay all fees listed at the time of purchase or at the time of pickup (as indicated on your order form) to Smart Innovative Products, LLC. You agree to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.

Smart Innovative Products, LLC may use the services of third parties to perform certain vital functions, including handling payments for the products discussed herein. These third parties will only have access to the aspects of your personally identifiable information that are necessary to perform their respective services. Although you may be required to provide credit/debit card information when you make a purchase, we immediately transmit this information to our payment gateway service provider.

We utilize commercially reasonable and industry standard measures and protocols to secure your information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your information.

CONTESTS & SWEEPSTAKES

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as Smart Innovative Products, LLC Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

INFRINGEMENT CLAIMS

If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Intellectual Property Agent, whose contact information is provided below:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. The address, telephone number, and e-mail address of the copyright owner or its agent;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Smart Innovative Products, LLC  Intellectual Property Agent can be reached at: info@theSmartApron.com or 9221 E. Baseline Road, Suite 109, #307, Mesa, Arizona, 85209.

Smart Innovative Products, LLC  will handle all notices it receives under this Section in accordance with the terms of the Digital Millennium Copyright Act

NO WARRANTIES

YOUR USE OF THE SITE OR ANY OF ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. THE CONTENT, MATERIAL, AND ANY INFORMATION OR SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIAL, INFORMATION, OR SERVICES (INCLUDING ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. SMART INNOVATIVE PRODUCTS, LLC AND ITS AFFILIATES ALSO DISCLAIM ALL WARRANTIES CONCERNING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SITE, INCLUDING THOSE REGARDING ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

The above disclaimers are made to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY

IN NO EVENT WILL SMART INNOVATIVE PRODUCTS, LLC OR ANY OF SMART INNOVATIVE PRODUCTS, LLC AFFILIATES, BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE SITE’S CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMART INNOVATIVE PRODUCTS, LLC OR ANY OF SMART INNOVATIVE PRODUCTS, LLC AFFILIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Smart Innovative Products, LLC  provides you with access to this Site in its sole discretion and reserves the right to modify or discontinue any aspect of the Site, including your ability to access the Site, at any time without notice. Smart Innovative Products, LLC  will not be liable to you or any third party for any modification or discontinuance of any aspect of the Site or your ability to access the Site. Certain services offered through the Site may not be available in your area, and Smart Innovative Products, LLC  will not be responsible for any such unavailability.

INDEMNITY

You shall defend, indemnify, release, covenant not to sue, and hold harmless Smart Innovative Products, LLC  and its Affiliates from and against any and all claims, causes of action, lawsuits, arbitrations, proceedings, liabilities, damages, judgments, costs, or expenses (including attorney’s fees) asserted by third parties, including other users of the Site, arising out of or related to your use or alleged use of the Site, including any of the Site’s content, or your breach or alleged breach of these Terms of Use.

DISPUTES

All legal issues arising from or related to the use of the Site or to the subject matter of these Terms of Use are to be governed by, construed in accordance with, and determined by the laws of the State of Arizona, without regard to any conflict of law principle that will cause the substantive law of another jurisdiction to apply. The exclusive venue for the resolution of all disputes, lawsuits, arbitrations, proceedings, or other actions arising out of or relating to the Site, these Terms of Use, or Smart Innovative Products, LLC  Policy in Maricopa County, Arizona, and User and Smart Innovative Products, LLC  each hereby submit to personal jurisdiction to that forum and waive any claim or defense that it is an inconvenient forum.

SEVERABILITY

If an authority of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, that provision is to be severed from this Agreement, and the remainder of this Agreement is to remain in full force and effect.

ENTIRE AGREEMENT

These Terms of Use and the Smart Innovative Products, LLC  Privacy Policy contain the entire agreement between you and Smart Innovative Products, LLC  concerning your use of the Site, superseding any previous negotiations, understandings, or agreements between you and Smart Innovative Products, LLC  , whether written or oral.

ASSIGNMENT

You may not assign any rights, duties, obligations, or claims under, arising out of, or relating to these Terms of Use without Smart Innovative Products, LLC  prior written consent. Smart Innovative Products, LLC  rights, duties, obligations, and claims under these Terms of Use are freely assignable.

CONSTRUCTION

As used in these Terms of Use, the masculine, feminine, or neuter gender, and the singular or plural number, include the others whenever the context so indicates. The use of “including” in these Terms of Use is for purposes of example and illustration, and not for purposes of restriction or limitation.

NOTICES & CONTACT

All notices and contact concerning this Agreement and the Site should be sent to Smart Innovative Products, LLC  9221 E. Baseline Road, Suite 109, #307, Mesa, Arizona, or e-mail info@theSmartApron.com