Users Terms of Service
Agreement between User (Businesses) and Smarterrisk.com
Welcome to smarterrisk.com. Smarterrisk.com is a software platform designed to automate assessments, reporting and development of risk control and safety programs. The smarterrisk.com website (the “Site”) is comprised of various web pages operated by Smarter Risk, LLC (“Smarter Risk”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Smarter Risk provides a platform for risk management, safety, insurance information and self-help. The information provided by Smarter Risk along with the content of the Site related to legal, insurance or financial matters (“Legal Information”), is provided for your private use and does not constitute legal, insurance or financial advice. We do not review any information you provide us for accuracy or sufficiency. If you need legal or insurance advice for a specific problem, you should consult with a licensed attorney or insurance agent in your area. Information provided by Smarter Risk through the Site is not a substitute for legal or insurance advice from a qualified attorney or agent licensed to practice in your appropriate jurisdiction. Your use of the Site and any provided services does not create an attorney-client relationship or other professional or fiduciary relationship between you and Smarter Risk, or between you and any Smarter Risk employee or representative. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake related to use of the Site or reliance on any provided services. Smarter Risk does not endorse or recommend any particular attorney, nor does it make any warranty as to the qualifications or competency of any attorney. It is only recommended that you seek your own legal counsel for appropriate advice.
Privacy
Your use of smarterrisk.com is subject to Smarter Risk’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to Smarter Risk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Smarter Risk is not responsible for third party access to your account that results from theft or misappropriation of your password, account, or your computer. Smarter Risk and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Refunds and Cancellation
We want you to be 100% satisfied with our services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by email at support@smarterrisk.com immediately so that we can help you resolve the issue, cancel a subscription, provide a refund or offer credit that can be used for future services. When contacting us, please include any details relating to the services you have purchased or use of the Site so that we can ensure you are completely satisfied with your Smarter Risk experience. All refund requests must be made within thirty (30) days of purchase. If you wish to cancel an annual commitment, please provide the reason and we will review it, please email:
We do not offer refunds on payments we have collected. Annual subscriptions can be non-renewed.
Children Under Thirteen
Smarter Risk does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18), you may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Smarter Risk and Smarter Risk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smarter Risk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smarter Risk of the other website or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the smarterrisk.com domain, you hereby acknowledge and consent that Smarter Risk may share such information and data with any third party with whom Smarter Risk has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Smarter Risk that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any code or software used on the Site, is the property of Smarter Risk or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Smarter Risk content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Smarter Risk and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Smarter Risk or our licensors except as expressly authorized by these Terms.
International Users
The Site is controlled, operated and administered by Smarter Risk from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Smarter Risk content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Smarter Risk, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Smarter Risk reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smarter Risk in asserting any available defenses.
Disclaimer for Recommendations
Smarter Risk provides users with recommendations to improve, manage, or mitigate their risk based on the inputs provided during self-assessments. These recommendations are offered as self-help tools and do not constitute professional advice. Users are solely responsible for deciding whether to implement any recommendations provided by the Site or the Smarter Risk platform.
Smarter Risk does not review recommendations, reports, or scores provided to users. Insurance partners may, at their sole discretion, choose to review or not review the recommendations, reports, or scores provided by Smarter Risk. The decision to review or act upon these recommendations is entirely at the discretion of the insurance partner.
Neither Smarter Risk nor its insurance partners (insurance providers and/or agencies) assume any liability for the recommendations given, whether they are implemented or not. By using the Site and its services, the user acknowledges and agrees that they accept the recommendations as self-help guidance and take full responsibility for any decisions made to implement or not implement these recommendations. Smarter Risk and its insurance partners are not liable for any outcomes resulting from the use or non-use of these recommendations.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Smarter Risk agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTER RISK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
SMARTER RISK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND. SMARTER RISK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND GUARANTEES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTER RISK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMARTER RISK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Smarter Risk reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smarter Risk as a result of this agreement or use of the Site. Smarter Risk’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smarter Risk’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smarter Risk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smarter Risk with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smarter Risk with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Smarter Risk reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Smarter Risk encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Smarter Risk welcomes your questions or comments regarding the Terms:
Smarter Risk, LLC
838 Brent Street
Winston Salem, North Carolina 27103
Email Address:
Telephone number:
3366555852
Effective as of January 02, 2023
Partners Terms of Service
Agreement between Insurance Partner Users (Agents and Companies) and Smarterrisk.com Welcome to smarterrisk.com. Smarter Risk provides a self-serve risk control platform. The smarterrisk.com website (the “Site”) is comprised of various web pages operated by Smarter Risk, LLC (“Smarter Risk”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Scope of Service
Smarter Risk provides a self-serve application for risk control. The effectiveness of these services depends on the accuracy of the data provided.
The information provided by Smarter Risk along with the content of the Site related to legal, insurance or financial matters (“Legal Information”), does not constitute legal, insurance or financial advice. We do not review any information provided for accuracy or sufficiency. Information provided by Smarter Risk through the Site is not a substitute for legal or insurance advice from a qualified attorney or agent licensed to practice in the appropriate jurisdiction.
Privacy
Your use of smarterrisk.com is subject to Smarter Risk’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to Smarter Risk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Smarter Risk is not responsible for third party access to your account that results from theft or misappropriation of your password, account, or your computer. Smarter Risk and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Refunds and Cancellation
We want you to be 100% satisfied with our services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by email at info@smarterrisk.com immediately so that we can help you resolve the issue, or cancel an order. When contacting us, please include any details relating to the order. All refund requests must be made within thirty (30) days of purchase.
We do not offer refunds on payments we have collected.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Smarter Risk and Smarter Risk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smarter Risk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smarter Risk of the other website or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the smarterrisk.com domain, you hereby acknowledge and consent that Smarter Risk may share such information and data with any third party with whom Smarter Risk has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
Prohibited Use / Intellectual Property
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, any user generated content, and any code or software used on the site, is the property of Smarter Risk and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your own use and will make no other use of the protected content without the express written permission of Smarter Risk and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Smarter Risk or our licensors except as expressly authorized by these Terms.
International Users
The Site is controlled, operated and administered by Smarter Risk from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Smarter Risk content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Smarter Risk, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Smarter Risk reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smarter Risk in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Smarter Risk agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTER RISK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
SMARTER RISK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND. SMARTER RISK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND GUARANTEES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTER RISK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMARTER RISK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Smarter Risk reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smarter Risk as a result of this agreement or use of the Site. Smarter Risk’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smarter Risk’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smarter Risk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smarter Risk with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smarter Risk with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Smarter Risk reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Smarter Risk encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Smarter Risk welcomes your questions or comments regarding the Terms:
Smarter Risk, LLC
838 Brent Street
Winston Salem, North Carolina 27103
Email Address:
Telephone number:
3366555852
Effective as of January 02, 2023
Terms of Service for Resellers Access to the Services
1.1 Service Description: Smarter Risk will make the Intelligent Plan available to resellers (also referred to as partners) under this agreement and the applicable service orders. Smarter Risk commits to reasonable efforts to ensure consistent service availability, except during scheduled downtime or unforeseen force majeure events.
1.2 Support: Smarter Risk provides standard customer support for the services as detailed in the documentation. Additional support levels may be available for purchase.
1.3 Pricing: Resellers can purchase 12-month SMB subscriptions (Intelligent Plan) at a discounted rate based on the selected plan. They may resell it at up to the maximum price listed on Smarter Risk’s website (as of June 1st, 2024, $50/month or $500/year). Bundling with other services is permitted. No pricing restrictions on bundling, provided that services are not itemized.
1.4 Co-branding and Intellectual Property: Resellers are allowed to co-brand the services, but Smarter Risk retains all intellectual property rights to Smarter Risk logos and trademarks. Use of Smarter Risk’s branding or trademarks must adhere to our branding guidelines.
1.5 No Commitment Plans: Resellers rights are only allowed with a Partner subscription account.
Section 2. Use of the Services
2.1 Compliance and Ethical Use: Resellers must comply with all applicable laws and regulations in their use and resale of the services. They must also ensure that their activities do not misrepresent or compromise the integrity of Smarter Risk’s services.
2.2 Audit and Usage Monitoring: Smarter Risk reserves the right to monitor and periodically audit the reseller’s use of the services to ensure compliance with the agreed terms, including pricing and usage restrictions.
Section 3. Term and Termination
3.1 Effective Date and Term: This agreement becomes effective when the reseller purchases and resells the Intelligent Plan and continues in effect until terminated as provided herein. By registering for and using the services, resellers agree to be bound by these terms.
3.2 Termination for Convenience: Either party may terminate this agreement at any time with thirty (30) days written notice. Upon termination, resellers must cease using the service, but any users signed up through the reseller will continue to have access to the product until the end of their current subscription period.
3.3 Termination for Cause: Either party may terminate this agreement immediately upon written notice if the other party breaches any material term of this agreement and fails to cure such breach within thirty (30) days of receipt of such notice.
Section 4. Confidentiality
4.1 Protection of Confidential Information: Each party agrees to protect the other’s confidential information from unauthorized use and disclosure with the same degree of care as it uses to protect its own confidential information.
Section 5. Liability and Indemnification
5.1 Limitation of Liability: Smarter Risk’s total liability under this agreement shall not exceed the total fees paid by the reseller during the twelve (12) months preceding the claim.
5.2 Indemnification: Each party agrees to indemnify the other against any claims arising from violations of intellectual property rights or breaches of this agreement.
Section 6. No Competitive Access
6.1 Restrictions: Resellers are prohibited from accessing, using, or subscribing to Smarter Risk services for competitive purposes, including benchmarking or designing similar or derivative products or services.
6.2 Competitor Definition: A competitor is defined as any individual or entity that develops, produces, markets, or distributes products or services that are substantially similar to, or competitive with, the products or services offered by Smarter Risk.
6.3 Actions Upon Competition: If a reseller is found to be a competitor, or is using the services in a competitive manner, Smarter Risk reserves the right to immediately terminate the reseller’s access to the services without liability. Smarter Risk may also pursue any legal actions deemed necessary to protect its proprietary information and intellectual property.
6.4 Notification of Competitive Status: Resellers must notify Smarter Risk if they become competitors at any point during the term of this agreement. Failure to provide such notification constitutes a breach of this agreement.
Final Provisions Governing Law: This agreement shall be governed by the laws of the jurisdiction where Smarter Risk is headquartered. Amendments: Any amendments to this agreement must be in writing and signed by both parties. Survival: Rights and obligations that by their nature should survive the termination or expiration of this agreement will remain in effect.
Changes to Terms Smarter Risk reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Smarter Risk encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Smarter Risk welcomes your questions or comments regarding the Terms:
Smarter Risk, LLC
838 Brent Street
Winston Salem, North Carolina 27103
Email Address:
info@smarterrisk.com Telephone number: 3366555852 Effective as of July 21st, 2024