This website contains "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. Such statements are identified by the use of words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," "will," "may," "future," "continue" and other words and terms of similar meaning and the use of future dates. Forward-looking statements by their nature address matters that are, to different degrees, uncertain. Uncertainties and risks may cause SpendSmart's actual results to be materially different than those expressed in or implied by such forward-looking statements. Particular uncertainties and risks include, among others, uncertainties regarding SpendSmart's ability to grow its licensee network, subscriber network and merchant network, license out its existing and license in additional products and technologies and the terms of such licenses; uncertainties involved in technology development, regulatory review and other approvals and achieving market acceptance and other risks and uncertainties described in SpendSmart's filings with the Securities and Exchange Commission, including its most recent annual report on Form 10-K/A, subsequent quarterly reports on Form 10-Q. All forward-looking statements in this website speak only as of the date the information was posted on this website and are based on SpendSmart's then current beliefs and expectations. SpendSmart undertakes no obligation to update or revise any forward-looking statement, whether as a result of new information, future events or otherwise, except as otherwise required by law.
SpendSmart will only collect personal data you voluntarily provide to us, including "sensitive" personal data. In particular, you consent to the disclosure of such personal data to third parties in order to enable us to provide information to you that you have requested. SpendSmart will use the personal data you provide for the specific limited purposes about which we inform you when we ask for such information. SpendSmart keeps your data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or documentation retention requirements.
You agree to inform us promptly should you become aware that any personal data held by us about you is inaccurate and/or out of date. Accordingly, we do not accept liability for any loss, costs, damages, or distress caused to any person arising out of our reasonable reliance upon the accuracy of personal data that you provide to us. If you have submitted personal information through this website and wish us to cease using it for the purposes submitted, please contact us.
Unless we agree otherwise in writing, we require you to use any personal information that we supply to you about members of our staff and/or third parties only for the purposes for which such information is disclosed to you.
You hereby warrant that you will not use this website to:
You hereby agree to indemnify SpendSmart for any loss or damage of any kind incurred as a result of your breach of any of the warranties described in section 3, above.
You are hereby granted a non-exclusive, limited and revocable license to link to this website. SpendSmart reserves the right to revoke this license generally, or your right to use specific links, at any time. If SpendSmart revokes this license, you agree to remove and disable any and all of your links to this website immediately.
You agree not to present the link to this website in such a way that this website is associated with advertising or appears to be an endorsement of any organization, product or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive or malicious. Under no circumstances may you "frame" this website or any of its content or copy portions of this website to a server.
Ownership of this website. You acknowledge and agree that the Website Materials and any information presented to you through this website contain proprietary information that is protected by copyrights, trademarks, service marks or other proprietary rights and laws, applicable intellectual property, and other laws. All Website Materials and any information presented to you through this website and intellectual property rights therein are the property of SpendSmart or of third parties who have licensed their rights to SpendSmart.
Except as otherwise provided herein, none of the Website Materials and any information presented to you through this website may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of SpendSmart. In addition, except as expressly authorized by SpendSmart or relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website Materials in whole or in part.
Copyrights. Without prejudicing the generality of the foregoing, you further acknowledge and agree that all responses received in response to queries sent through the "contact us email form" are copyrighted and proprietary and may not be copied or reproduced for any commercial purpose. As between you and SpendSmart, SpendSmart and its licensors own and reserve the copyrights in this website, including all of the Website Materials.
Trademarks. All trade names, trademarks and service marks displayed on this website are the registered or unregistered trademarks of SpendSmart, or its licensors, or other third parties (collectively, the "Trademarks") and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this website without the prior express written permission of SpendSmart or the trademark owner.
Your Feedback. SpendSmart welcomes your comments, feedback, suggestions and other communications regarding this website and the information, products and services SpendSmart make available through this website (collectively, "Feedback"). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to SpendSmart through this website will be and remain the exclusive property of SpendSmart. Your submission of Feedback will constitute an assignment to SpendSmart of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. SpendSmart will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send SpendSmart any Feedback that you do not wish to assign to SpendSmart.
Your use of this website is at your sole risk. SpendSmart has used reasonable efforts to make this website as timely and accurate as possible, but because errors may occur, this website is provided on an "as is" and "as available" basis.
SPENDSMART MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPENDSMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-NFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPENDSMART DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS WEBSITE. SPENDSMART DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEBSITE BY USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF SPENDSMART.
SPENDSMART MAKES NO WARRANTY OR REPRESENTATION THAT (I) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THIS WEBSITE WILL BE ACCURATE OR RELIABLE, AND (IV) THE QUALITY OF ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS.
Without limiting the foregoing, certain products promoted through this website may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any manufacturers' warranty applicable to the products promoted through this website.
UNDER NO CIRCUMSTANCES, SHALL SPENDSMART, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ITS CONTENT, OR YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SPENDSMART OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SPENDSMART, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
The information provided on this website is not tailored to your specific factual circumstances. You are responsible for verifying that the general information provided is appropriate for your specific factual situation before relying on it.
SpendSmart is not responsible for any errors or omissions in or for the results obtained from the use of this information.
Use of this website and the materials available on this website is at your sole risk. Some portions of this website are hosted by third-party service providers. SpendSmart cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate data provided by these service providers. You are responsible for taking all necessary precautions to ensure that any material you may obtain from this website is free of viruses or other harmful components.
SpendSmart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website (or any part thereof) with or without notice. SpendSmart shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website.
SpendSmart is proud of its website and strives to ensure that it does not offend people of any age. However, this website is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through this website without the consent and supervision of a parent or guardian, please contact SpendSmart by e-mail so that we can take appropriate action.
SpendSmart controls and operates this website from its headquarters in the United States of America and the content may not be appropriate or available for use in other locations. If you use this website outside the United States, you are responsible for following applicable local laws.
Our Websites may contain advertisements, product offers and discounts, promotions, and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Websites are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor, nor are we responsible for the goods or services provided by any advertiser or sponsor.
We recommend users who find inappropriate content to contact us immediately. In addition, we reserve the right to remove all material that we consider inappropriate. This includes pornographic, offensive, defamatory, undocumented, illegal material(s) that is/are in any way contrary to accepted morality and behavior.