Welcome to the website of SmartTermLoans.com (the "Website"). SmartTermLoans.com is owned by Smart Terms Inc., a Florida Corporation ("Smart Terms"). This website is best viewed using a contemporary browser. Use of this website, and information distributed in conjunction with this website, including without limitation the SmartTermLoans.com Services (the "Services"), is offered to you on your acceptance of these Terms of Service, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Service, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our services or website. We suggest you print a copy of each of these documents for your records. Smart Terms shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Service may always be found at http://www.SmartTermLoans.com/terms. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of this website following changes to these Terms of Service shall constitute your acceptance of all such changes. These Terms of Service were last modified on July 15, 2009.

Disclaimer

Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Smart Terms, for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein. Smart Terms has used its best commercial efforts to obtain the most accurate and timely information available. Smart Terms shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website. Smart Terms reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you. As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Smart Terms nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if or such provider has been advised of the possibility of such damages.

Privacy Policy

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: http://www.smarttermloans.com/privacy

About Us

Smart Terms, Inc. is a licensed, bonded, and insured pawnbroker in Palm Harbor, Florida, and complies with applicable city, state and federal regulations governing the purchase of tangible personal property ("Property") with the option to repurchase (each, a "Secured Loan"). By applying for a Secured Loan, shipping your Property to our Palm Harbor, Florida licensed location, and agreeing to the terms of the Pawnbroker Transaction Form (the "Secured Loan Transaction Form") agreement concerning the Secured Loan, you acknowledge and agree that each Secured Loan is consummated at our Palm Harbor, Florida licensed location.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

1. upload, post or otherwise transmit through or to this website any content that:
   1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
   2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
   3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
   4. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
2. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
3. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
4. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
5. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Smart Terms;
6. redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
7. intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data; and

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites; (ii) the content, privacy policies or other Terms of Service on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of Smart Terms and is protected by international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Service, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information: 1. a physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint. 2. Identification of the copyrighted work claimed to have been infringed. 3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity. 4. The address, telephone number or e-mail address of the complaining party. 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. 6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

IMPORTANT: We value the diversity of the Internet and would love to support as many languages as possible; however, as our company is based in the United States of America and our staff are English-speaking, we're sorry, but we can only correspond in English.

Revisions to Agreement

This Agreement may be amended by Smart Terms from time to time. If we make material changes to the Agreement, we will notify you through the Service interface or at your primary email address as specified in your Member account information. You agree that such amended Agreement will be effective thirty (30) days after being posted or sent to you, and your continued access to the Website or use of the Service after that time shall constitute your acceptance of the amended Agreement.

Eligible Users

Smart Terms offers its Website and Services only to people who may lawfully enter into and form contracts for purchase of tangible personal property under Florida law. If you are not yet of the age of majority (18 years of age), do not have the capacity to enter into contracts, or are accessing this Website from any location where material or Services provided on this Website is prohibited or illegal, you do not have permission to access the Website or the Services. Accessing Smart Term's Services from places where the Services are illegal, is expressly prohibited. If you choose to access our Website from locations other than Florida, you do so on your own initiative, voluntarily, and at your own risk, and you are solely responsible for compliance with local laws.

Application and Membership

Applying for a Smart Term Loan and registering for Smart Terms Website is free. To become a registered member ("Member"), we ask you to provide certain Personal Information, as further described in our Privacy Policy. You agree to provide accurate, complete, and up-to-date Personal Information during the registration process, and to maintain the accuracy of such information while you use the Services. When you sign up to become a Member, you will be asked for your email address ("username") and to choose a password, which will enable your access to the Service. You are solely responsible for any and all use of your username and password and for maintaining their confidentiality. You agree not to provide your username and password to any other person or to use another member's username and password at any time. You agree to notify us immediately if you suspect any unauthorized use of or access to your username and password. You are responsible for any use or misuse of your account or the Services or the Website resulting from any third party using a password or username issued to you. If you decide to submit a Smart Term Loan application, we ask you for additional information in the application, as further described in our Privacy Policy.

Our Services

We provide you with an opportunity to apply for a Secured Loan. Please note that all Secured Loans are subject to our approval of your application and our evaluation of the Property. Smart Terms reserves the right to refuse any Secured Loan application at any time prior to the completion of the Secured Loan. To apply for a Secured Loan, you must complete the Secured Loan application available here www.SmartTermLoans.com/get. Please review our FAQ "How It Works" available at: www.SmartTermLoans.com/how to learn more about how our process works. The Secured Loan Transaction Form includes information that we are required by law to provide to you, including but not limited to a description of the Property, the term of the Secured Loan, the service charge and all other fees, the annual percentage rate, how to redeem the item early, and the total amount required to satisfy the loan and redeem the Property.

Restrictions on our Services

There are some limitations on our Services. We reserve the right to accept Secured Loan applications in our sole discretion. For example, we have a minimum transaction size of $500. We may also require additional time to obtain satisfactory appraisal of your items which meet our standards, in our sole discretion. To qualify for our secured loans you must meet the following requirements:

• You are the legal owner of the Item(s) that you wish to pledge
• You are at least 18 years old
• You are able to provide suitable proof of identification including driving license, state issued ID card, military ID card, or passport
• Your Items are free of any and all claims, liens, or anything else that might adversely affect the value of your Items or your ability to pledge it, such as a hire purchase agreement
• You are located in the United States and are legally capable of entering into a binding agreement such as this one
• You are not acting as another's agent or representative for this transaction

By applying for a Secure Loan, you are hereby representing and warranting that you are eligible to enter into such a transaction as described herewith.

Fees and other Charges

We do charge fees for our Services and you will be given an opportunity to review and accept the fees that will be charged in connection with each Secured Loan. Before accepting the Secured Loan, please carefully review Section 3 on the Secured Loan Transaction Form which will be provided to you. You should pay special attention to the Amount Financed, Finance Charge, Maturity Date, Default Date and Amount Due, Total of Payments, and Annual Percentage Rate fields. You agree that acceptance of payment in any way, including through cashing a check or accepting an ACH or wire transfer, represents your acceptance of the most current Secure Loan Transaction Form at the time your payment was received. You will be provided with the final copy of the final Secure Loan Transaction Form and be given the opportunity to accept or deny it before the transaction is finalized.

We will charge you applicable taxes, if any. All fees and currency amounts are quoted in U.S. Dollars. Short Term Loans may, in its sole discretion, change our standard fees, rates, and other charges. Any such changes will be posted on our website, and such amended fees and charges will apply to any Secured Loan entered into after the date of such change.

Shipping Procedures

Smart Terms will provide you a pre-paid shipping label so that you may ship your Property to us via Federal Express. Alternatively, you may arrange for your own shipping through a carrier of your choice and at your own expense. In the event you use the shipping label provided by Smart Terms, your Property will be insured for up to $500. In the event you use your own shipping label and packaging, you must insure your property with the carrier for its full value and if it is lost or stolen prior to reaching Smart Terms, you must make a claim against the carrier. If you use the Smart Terms provided shipping label, and wish to insure your Property for more than $500 or if you wish to ship the items faster than Federal Express 2nd Day Air service, you may do so at your own expense. Smart Terms may, at our sole discretion and upon your written request, pay these additional charges and deduct the amount from your Secured Loan proceeds. It is your responsibility to obtain and retain a receipt for shipping from the shipping agent. This receipt should include a unique tracking code, and this receipt will be required for any insurance claim. You must also ensure that you can produce photographs of your Property as well as at least one document per item which will prove ownership and the current replacement value of your Property. Please note that it is your responsibility to keep safe all documentation relating to your Property that would be useful in support of an insurance claim, including, but not limited to any purchase receipts, shipping receipts, certificates, valuations, insurance documents or photos.

It is your responsibility to ensure that your items are securely and appropriately packaged, including the use of additional and/or item specific packaging. Smart Terms cannot be held responsible for damage to items sent in inappropriate packaging. Smart Terms reserves the right to reject delivery of any package which appears to be damaged, opened, or tampered with. Any such item will be returned to you without further liability to Smart Terms. Should you make a payment in full to redeem your Property, or decline to proceed with a Secured Loan after you have shipped your Property, Smart Terms will ship the Property back to you within 3 business days of notice to Smart Terms of either event. The Property will be shipped either via Federal Express, Certified Signature required to the postal address listed on the Secured Loan Transaction Form or, in the case of a Property return if you decline to proceed with a Secured Loan, the most recent postal address you have provided. Should you require the Property to be returned to an address that is different than the address reflected on the Secure Loan Transaction Form, you must provide Smart Terms with a copy of a current photo ID acceptable to Smart Terms that reflects the revised address.

Acceptable Use

As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by Smart Terms) and data mining or scraping through the use of robots, spiders, or otherwise.

In addition, you may not use the Website, the Services, or any of your communications with Smart Terms to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) offer to sell any Property that infringes or otherwise violates a third party's rights, including Property that: (i) you cannot legally sell, (ii) is misrepresented to Smart Terms, and/or (iii) if sold, would cause Smart Terms to violate any law, statute or regulation; (c) provide false, inaccurate, or misleading Personal Information; or (d) violate any applicable government laws or regulations (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). Smart Terms will cooperate with legal authorities and internet service providers in releasing information about users who violate this Acceptable Use Policy.

You agree that you will notify Smart Terms immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Website or the Services.

Remedies

In addition to any other remedies, at law or in equity, Smart Terms may have for your breach of this Agreement, we may take the following actions to protect Smart Terms, a third party, or you from liability: (a) we may close, suspend, or limit your access to your Member account or the Services; (b) we may contact law enforcement, or impacted third parties of your actions; (c) we may update inaccurate Personal Information you provided us; and/or (d) we may refuse to provide our Services to you.

Indemnity

You agree to indemnify and hold Smart Terms, its, officers, agents, and other partners and their employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or relating to: (a) your use of the Website or the Service, or (b) arising from your breach of this Agreement.

Warranty

You warrant and represent that you have good and marketable title to the Property you are pledging, free of all encumbrances of any kind. YOU AGREE THAT USE OF SMART TERM'S SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. SMART TERMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMART TERMS MAKES NO WARRANTY THAT THE SERVICES AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, NOR DOES SMART TERMS MAKE ANY WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM SMART TERM'S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY SMART TERMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability

IN NO EVENT SHALL SMART TERMS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). SMART TERM'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN CONNECTION (A) WITH OUR PERFORMANCE OF SERVICES TO YOU IS LIMITED TO THE GREATER OF (1) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (2) $100, (B) WITH PROPERTY ON OUR PREMISES DURING THE TERM OF A SECURED LOAN IS LIMITED TO YOUR COST TO COVER THE VALUE OF SUCH ITEM, (C) WITH PROPERTY ON OUR PREMISES PRIOR TO THE TERM OF A SECURED LOAN IS LIMITED TO THE VALUE OF SUCH ITEM AND (D) WITH RESPECT TO PROPERTY WHICH HAS NOT YET BEEN DELIVERED TO AND ACCEPTED BY SMART TERMS, NONE. YOU ACKNOWLEDGE AND AGREE THAT IF YOUR ITEM IS LOST OR DAMAGED WHILE IN SMART TERM'S POSSESSION DURING THE TERM OF A SECURED LOAN, YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT REPURCHASE THE ITEM AND YOUR SOLE REMEDY IS THAT YOU WILL HAVE NO OBLIGATION TO PAY SMART TERMS ANY OF THE FEES OR CHARGES SET FORTH IN SECURED LOAN TRANSACTION FORM.

Term and Termination

Until and unless terminated by you or Smart Terms, your status as an eligible user or Member will continue indefinitely. Smart Terms may terminate this Agreement and your access to the Website and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Website, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Website or Smart Term's systems.

Governing Law

This Agreement is governed by the laws of the State of Florida, USA, without regard to any of its conflict of law provisions that would require the application of the laws of another jurisdiction. You hereby consent to the exclusive jurisdiction of, and venue in, courts located in Pinellas County, Florida, USA in all disputes arising out of or relating to the Website and the Services. Notwithstanding the foregoing, you agree that Smart Terms shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.

Communications

Some of the communications between you and Smart Terms use electronic means, whether you visit the Site, send us emails, click on a weblink to access the Secured Loan Transaction Form, or whether Smart Terms posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Smart Terms in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Smart Terms provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement, [or any of the Secured Loan documents,] by emailing us at: support@smarttermloans.com, Subject: "Service Agreement".

Improperly Filed Claims

All claims between you and Smart Terms must be resolved in accordance with the Communications section above. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Smart Terms may recover attorneys' fees and costs up to $1,000, provided that Smart Terms has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.

Limitation on Actions

You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Website, or Smart Term's Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disclosures

Smart Terms is located at 35095 US 19 North, Palm Harbor, FL 34684. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.

General

This Agreement contains the entire agreement between you and Smart Terms regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Smart Terms to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Smart Terms may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

Contact Us

Smart Terms Inc.
35095 US 19 North #121
Palm Harbor, FL 34684
admin@smarttermloans.com