Terms of Use

Terms of Use

Introduction

Thank you for visiting our website. We hope that you find our website to be a useful tool for learning about our program, purchasing a vehicle, or using our service program for repairs. Please note that the services Smart Auto provides to you through this website are subject to the terms and conditions in this Website Agreement, a contract between you and Smart Auto that explains the permissible and prohibited activities on this website. Please review this information carefully. In addition, please review our Privacy Policy to understand our practices and what we do with your information.

Corrections

If any information we have about you is incorrect or any information contained in this Terms of Use is inaccurate, we will gladly correct it. Email the incorrect information and the correction to help@smartauto.net, and we will attempt to correct the error. Please note that we reserve the right to verify the correctness of any information provided.

Website Agreement

Acceptance of Terms and Conditions

The terms and conditions in this Website Agreement govern your use of this website. By using this website, you agree that you have read, understand, accept, and are bound by all of the terms and conditions in this Website Agreement, and you agree not to use this website in contravention of these terms and conditions.

This website is intended for use only by residents of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract. By accessing or entering this website, you represent and affirm that you meet these requirements. Access to the website is provided for information and personal, non-commercial use only. Smart Auto reserves the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law. Smart Auto will provide to you all notices as required by law in the event of such change. We encourage you to periodically review this Terms of Use and Website Agreement for amendments.

Minors

In compliance with the Children’s Online Privacy Protection Act, Smart Auto does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.

Smart Auto Affiliates

The Smart Auto family is made up of several companies, or “affiliates.” As of the date of this Notice, these companies include, but are not limited to:

Smart Auto, Inc.

Smart Finance, Inc.

Smart Auto of Johnson City, Inc.

Smart Finance Johnson City, Inc.

Fishtail Investments, Inc. dba Smart Auto.

Fishtail Financial, Inc. dba Smart Finance

Smart Auto Repair

Bright Motor Company, LLC

SmartWay of Tennessee, LLC

Smart Tires

When we use the term Smart Auto, us, or we in this Website Agreement, it refers to Smart Auto and any or all of our affiliates.

Accuracy of Website Information

Smart Auto designed this website to providing you with information about how our program works and allow you to browse inventory at the site specific locations. Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be present. Additionally, photographs of automobiles found on the Smart Auto website are photographs of the actual vehicles; however, their color and general appearance may appear differently based on your monitor and color settings. For this reason, please contact the store location where a vehicle is located to confirm the accuracy of the contents of our website before you visit that store location. Further, Smart Auto reserves the right to change product pricing and specifications, as well as the terms of our guarantees and warranties without notice. In addition, you understand and agree that the information provided on this website is advertising only and in no way constitutes an offer for the sale of goods or to provide a service. To this end, and to the extent permitted by applicable law, Smart Auto will not be responsible for errors found on this website, including but not limited to, pricing errors or an incorrect statement of accessories on a particular vehicle. If you do not receive verification from Smart Auto Repair that an appointment has been scheduled, please contact the Smart Auto Repair at the phone number listed for your specific location.

Ownership and Proprietary Rights

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Smart Auto. You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this website, Smart Auto has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Smart Auto. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website. You may not use any meta tags or any other “hidden text” utilizing Smart Auto’s name or trademarks without the express written consent of Smart Auto. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited. You shall not upload to, distribute, or otherwise publish through this website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Warranty Disclaimer

SMART AUTO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SMART AUTO DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. SMART AUTO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SMART AUTO WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Usage and Ownership of Customer Information

All information submitted to Smart Auto through our website becomes and remains the property of Smart Auto. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Terms of Use and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those Smart Auto employees who need to know the information to respond to your request or inquiry.

Links to Third Party Websites

While using this website, you may choose to link to third-party websites that are not affiliated with Smart Auto. Smart Auto is not responsible for the content of these third-party websites, or any subsequent links, and has no control over the contents found there. For this reason, we do not represent or warrant that the contents of any third-party website are accurate or compliant with state or federal law, or compliant with copyright or other intellectual property laws. All opinions expressed on third-party websites are not necessarily those of Smart Auto, and Smart Auto does not endorse the contents of these third-party websites in any way. Also, Smart Auto is not responsible for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance. This may include, but is not limited to, damages that are direct, indirect, special, or consequential. Smart Auto is providing these links to you as a convenience only, and the inclusion of any link does not imply endorsement of the site, its contents, and/or any products or services offered by the owner(s) of the site.

Mobile Access

The website may include access and services available from a mobile device, including the ability to access the website from your mobile device; the ability to upload to the website from a mobile device; and the ability to receive and reply to messages, and send content and messages using chat software and text messaging. Smart Auto does not charge a fee for these mobile services. Your mobile device carrier’s normal messaging, data, and other rates and fees still apply. You should contact your carrier for information on mobile usage rates and fees. By using Smart Auto’s mobile services, you agree that Smart Auto can communicate with you by SMS, MMS, text messages and/or other electronic means to your mobile device and that certain information about your usage of Smart Auto’s mobile services may be communicated to Smart Auto.

International Access

This website may be accessed from countries other than the United States and may contain products and services or references to products and services, which are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Legal Disputes and Choice of Law

If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the State of Tennessee will govern such dispute without regard to its conflict of laws rules. You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect. By using this website, you expressly agree and submit to personal jurisdiction and exclusive venue in the state and federal courts located in the State of Tennessee, County of Knox, City of Knoxville.

Violations of Website Agreement

In the event you violate or attempt to violate any part of this Website Agreement, Smart Auto reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind. We also reserve the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.

Indemnification

You agree to indemnify, defend, and hold harmless Smart Auto from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys’ fees), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

Severability and Integration

In the event any part of this Website Agreement is found to be unenforceable, the remainder shall continue in full force and effect. You understand and agree that this Website Agreement represents the entire agreement governing your use of this website.

Reservation of Rights

Any and all rights not expressly granted to you in this Terms of Use and this Website Agreement are hereby reserved by Smart Auto.

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