Terms and Conditions

Agreement Between User and SMAART LLC

Welcome to https://smaartcompany.com/ (the “Site”). The Site is comprised of various web pages operated by SMAART LLC (“SMAART Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Site and our services. By accessing or using the Site, you (“User,” “you,” or “your”) agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Site.

1. Acceptance of Terms

These terms and conditions apply to services and communications provided by SMAART Company. Your use of the Site constitutes your agreement to comply with these Terms and any additional terms applicable to specific areas of the Site or particular content or transactions. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

2. Description of Services

SMAART Company provides professional services in accounting, income tax preparation and planning, tax advisory, financial advisory, human resources, payroll, bookkeeping, investment advising, insurance, and business consulting services (collectively, the “Services”). The Services offered are subject to change without notice.

3. Eligibility

By using the Site, you represent and warrant that you are at least 18 years of age or accessing the Site under the supervision of a parent or legal guardian. The Site is not intended for use by children under the age of 13.

4. Privacy Policy

Your use of the Site is subject to SMAART Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs Users of our data collection practices. By using the Site, you consent to the collection and use of your information as outlined in the Privacy Policy.

5. Electronic Communications

By visiting the Site or sending emails to us, you are engaging in electronic communications. You consent to receive electronic communications from us, 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.

5.1 Types of Messages Consumers Can Expect to Receive:

Text:

By subscribing to our services, you agree to receive transactional and informational messages. Including updates about services, reminders, and other communications from SMAART Company.

– Subscriber Opt-in:
Keyword: START
Opt-in Message: Welcome to SMAART Company! Msg frequency varies. Msg&data rates may apply. Text HELP for help, STOP to cancel.

– Subscriber Opt-out:
Keyword: STOP
Opt-out Message: You have unsubscribed from SMAART Company messages. No further messages will be sent.

5.2 Opt-Out Information:

You can opt-out of receiving SMS communications at any time by texting STOP. After opting out, you will receive one final confirmation message to confirm your cancellation.

5.3 Message Frequency Disclosure:

Message frequency may vary. You may receive multiple messages per week depending on your engagement with our services or promotions.

5.4 Message and Data Rates May Apply:

Message and data rates may apply to all SMS communications sent or received. Contact your mobile carrier for further details.

6. Intellectual Property Rights

6.1 Ownership of Content

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”), is the property of SMAART Company or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License and Site Access

We grant you a limited, non-exclusive, non-transferable, revocable license to access and make personal and non-commercial use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SMAART Company.

6.3 Restrictions

You are expressly prohibited from:

• Reproducing, duplicating, copying, selling, reselling, visiting, or otherwise exploiting for any commercial purpose any portion of the Site without express written permission from us.
• Using any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
• Engaging in any data mining, robots, or similar data gathering and extraction tools.
• Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMAART Company without express written consent.
• Using the Site to engage in any advertising or marketing without our prior written consent.

7. User Obligations

You agree to:

• Provide accurate, current, and complete information about yourself as prompted by the Site.
• Maintain and promptly update your information to keep it accurate, current, and complete.
• Use the Site in a manner consistent with all applicable laws and regulations.
• Maintain the confidentiality of any account credentials and restrict access to your computer to prevent unauthorized access to your account.
• Accept responsibility for all activities that occur under your account.

8. Prohibited Activities

You may not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to:

• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
• Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.
• Use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic devices, programs, algorithms, or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, or monitor any portion of the Site or any Content.
• Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
• Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site.
• Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site.
• Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site.
• Use the Site to violate any applicable law, regulation, or ordinance.

9. Third-Party Links and Services

9.1 Use of Technology and Data Security

SMAART Company (the “Firm”) is committed to serving clients efficiently and with the highest standard of professional care. To enhance efficiency and service quality, the Firm may utilize artificial intelligence (AI), automation technology, and other digital tools in its operations. These technologies may be employed for preliminary research, analysis, and the initial drafting of documents. However, all AI-generated research results and document drafts will be rigorously reviewed, verified, and, where necessary, revised by our qualified professionals to ensure accuracy, compliance, and alignment with the Firm’s professional standards.

The Client acknowledges that the use of AI and automation technology is a supplemental tool designed to enhance the Firm’s productivity and is not intended to replace professional judgment. The Firm assumes no liability for errors or omissions resulting directly from AI or automation technology unless these errors or omissions are identified and validated during our review process.

9.2 Linked Sites

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents, privacy policies, or practices of any Linked Site, including any information or materials contained on such Linked Sites. We provide these links solely for your convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

9.3 Third-Party Services

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 Site, you acknowledge and consent that we may share your information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality, subject to our Privacy Policy.

10. Disclaimer of Warranties

10.1 “As Is” and “As Available”

To the maximum extent permitted by applicable law, the Site and all information, content, materials, products, and services included on or otherwise made available to you through the Site are provided by SMAART Company on an “as is” and “as available” basis.

10.2 No Warranties

SMAART Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products, or services included on or otherwise made available to you through the Site. You expressly agree that your use of the Site is at your sole risk.

10.3 Exclusions

To the full extent permissible by applicable law, SMAART Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus.

10.4 No Professional Advice

Any information provided by SMAART Company regarding tax, accounting, financial, investment, or legal matters is for general informational purposes only and should not be construed as professional advice. You should consult with a qualified professional for specific advice tailored to your situation.

11. Limitation of Liability

11.1 General Limitation

To the maximum extent permitted by law, in no event shall SMAART Company, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Site or the Services, even if advised of the possibility of such damages.

11.2 Specific Limitation

This limitation applies to all causes of action, whether based in contract, warranty, tort (including negligence), strict liability, or any other legal theory.

11.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless SMAART Company, its affiliates, licensors, service providers, employees, agents, officers, directors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Site, including, but not limited to, any use of the Content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

13. Governing Law and Jurisdiction

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Broward County, Florida, for the resolution of any disputes arising out of or relating to these Terms or the Site.

14. Dispute Resolution

14.1 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Fort Lauderdale, Florida before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures.

14.2 Waiver of Class Action

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.

14.3 Equitable Relief

Notwithstanding the foregoing, SMAART Company reserves the right to seek injunctive or other equitable relief in any state or federal court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.

15. International Users

The Site is controlled, operated, and administered by SMAART Company from our offices within the USA. We make no representation that materials on the Site are appropriate or available for use at other locations outside the USA and access to them from territories where their contents are illegal is prohibited. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws.

16. Termination

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice, for any reason, including without limitation if you breach these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Changes to Terms

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior notice. The most current version of the Terms will supersede all previous versions and can be found on the Site. We encourage you to periodically review the Terms to stay informed of our updates. Your continued use of the Site after any changes indicates your acceptance of the new Terms.

18. Force Majeure

SMAART Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. If any invalid, illegal, or unenforceable provision would be valid, legal, and enforceable if some part of it were deleted or modified, the provision shall apply with the minimum modifications necessary to make it valid, legal, and enforceable.

20. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and SMAART Company regarding the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SMAART Company.

21. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of SMAART Company.

22. Assignment

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice to you.

23. No Third-Party Beneficiaries

These Terms are for the benefit of you and SMAART Company and not for any third party. No other person shall have any rights to enforce any of its terms.

24. Notices

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given:

• When delivered by hand, with written confirmation of receipt;
• When sent by email to info@smaartcompany.com, with confirmation of receipt;
• Three business days after being deposited in the U.S. mail, postage prepaid, certified or registered mail, return receipt requested.

Notices to you may be sent to the address or email address provided by you during the registration process, or such other address or email address as you may provide to us in writing.

25. Policies — Fees and Penalty Liabilities

25.1 Engagement and Payment Terms

25.1.1 Engagement Initiation

Our engagement with you (“Client”) shall commence only upon receipt of full or partial payment, at which point a contractual relationship is established.

25.1.2 Client Obligations

Upon engagement, you are obligated to provide us with complete, accurate, and truthful information necessary for the performance and completion of the contracted services.

25.1.3 Timeliness of Information

You must furnish all required information in a timely manner. “Timely” shall be defined as within ten (10) business days from the date of our request, unless circumstances dictate otherwise. Delays in providing information may result in delays in service delivery and could impact the outcome of the services provided.

25.1.4 Invoicing and Payment

For services rendered without full upfront payment, we will issue an invoice. You must acknowledge receipt of the invoice, and payment is due prior to the completion or final delivery of the work. Payment terms are net fifteen (15) days unless otherwise specified. Late payments may result in interest charges at the rate of 1.5% per month or the highest rate permitted by law, whichever is lower.

25.2 Liability Limitations

25.2.1 Client Responsibility

We shall not be liable for any failures, omissions, or negligent actions on your part, including but not limited to failure to provide necessary information, providing inaccurate or incomplete information, or failing to act on our recommendations.

25.2.2 Exclusion of Liability

We are not responsible for any fees, penalties, interest, or damages incurred due to:

• Services not paid for by you.
• Incomplete, inaccurate, or misleading information provided by you.
• Information received without sufficient time to complete the services.
• Your failure to review and approve documents in a timely manner.
• Your failure to comply with applicable laws, regulations, or deadlines.

25.2.3 Client Duties

You are responsible for:

• Providing timely, complete, accurate, and truthful information.
• Maintaining communication and requesting status updates as needed.
• Confirming the completion of tasks and work delegated to us, especially when time is of the essence.
• Reviewing all documents and deliverables for accuracy upon receipt and notifying us of any errors or omissions within five (5) business days.

25.3 Reimbursement Policy

25.3.1 Firm’s Discretion

We reserve the right, at our sole discretion, to reimburse you for additional fees, penalties, or interest incurred due to delays or errors in service delivery attributable solely to us.

25.3.2 Assessment of Responsibility

Reimbursement considerations will take into account the extent to which your actions or inactions contributed to the incurred fees, penalties, or interest. Reimbursement is not guaranteed and will be evaluated on a case-by-case basis.

25.3.3 Limitation

Our total liability for any reimbursement under this section shall not exceed the fees paid by you to us for the specific service that gave rise to the claim.

25.4 Professional Liability

25.4.1 Standard of Care

We will perform the Services with reasonable care and skill in accordance with generally recognized commercial practices and standards and in compliance with all applicable laws and regulations.

25.4.2 Limitation of Liability

Our total liability to you for any claim arising out of or in connection with the Services shall not exceed the fees paid by you to us for the Services. In no event shall we be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or business opportunities.

25.5 No Guarantee

We do not guarantee any particular results from the use of our Services. All statements of expectation, opinion, or forecast are made based on information available to us at the time, and we shall have no liability whatsoever in respect of any such statements. Past performance is not indicative of future results.

25.6 Confidentiality

25.6.1 Mutual Obligations

Both parties agree to keep confidential all information concerning the other’s business or affairs that is obtained or received as a result of the provision of the Services, except as may be required by law or legal process.

25.6.2 Permitted Disclosure

Notwithstanding the above, either party may disclose confidential information if required by law, regulation, or court order, provided that the disclosing party provides prompt written notice to the other party, if legally permissible, to enable the other party to seek a protective order or other appropriate remedy.

25.6.3 Use of Information

We may use aggregated, anonymized data derived from your information for statistical analysis, benchmarking, and other business purposes, provided that such data does not identify you or any individual.

25.7 Record Retention

We will retain records relating to the Services provided to you in accordance with applicable laws and regulations. We recommend that you retain all documents, records, and other data that may be necessary for tax or other purposes.

25.8 Compliance with Laws

You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of the Services and the Site, including without limitation all applicable privacy and data protection laws.

25.9 Independent Contractor

We are an independent contractor, and nothing in these Terms or our engagement shall be construed to create a partnership, joint venture, or agency relationship between you and us.

25.10 Survival

The provisions of this Section 25 shall survive the termination or expiration of our engagement and any agreement between you and us.

26. Acknowledgment

By using the Site or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and Policies.
The Client consents to the Firm’s use of AI, automation technology, and cloud-based storage systems as described above. The Client further agrees to indemnify and hold harmless the Firm, its affiliates, employees, and representatives from any claims, damages, or liabilities arising from the use of these technologies, provided the Firm has acted in good faith and with reasonable care. The Client acknowledges that they have read, understood, and agreed to the terms outlined above. The Client confirms that they have been informed of the potential risks associated with the use of AI, automation technology, and third-party cloud platforms and accept these risks as part of the engagement with the Firm.
You further acknowledge that these Terms constitute a binding and enforceable legal contract between you and SMAART Company.

Contact Information

SMAART LLC
2319 N Andrews Avenue
Fort Lauderdale, Florida 33311
Email: info@smaartcompany.com
Phone: (305) 819-3675

Last Updated: January 2nd, 2025

Please review these Terms and Conditions and Policies carefully. If you have any questions or concerns, do not hesitate to contact us.