These Terms of Service (“Terms of Service”) which we may refer to also as Terms (“Terms”) or Service (“Service”) or (“Services”) constitute a legally binding agreement between you and Smartlinksync, its subsidiaries, representatives, affiliates, officers and directors governing the use of Smartlinksync services which include use of the website, all services provided, digital marketplace or any related content or Services provided. These Terms govern your access or use, from within the United States and its territories. If you use this site and its Services in another country, you agree to be subject to the Terms included forthwith. In these Terms, the words “included” and “include” mean “including, but not limited to.”

By accessing this site and making use of its Services and products protected under these Terms you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.

Termination.

Smartlinksync, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Modification.

Smartlinksync reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms or Services. You should regularly review these Terms, as your continued use of the site and Services after any such changes constitutes your agreement to such and all changes or modifications.

Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Smartlinksync on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and Smartlinksync are opting for a private dispute resolution procedure where you agree to accept the arbitrator’s decision as final instead of going to court. You and Smartlinksync are each waiving your right to a jury trial. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass, and/or representative action against Smartlinksync, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against Smartlinksync by someone else. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

Services

To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless Smartlinksync and its affiliates, SLS Consulting Group LLC, its officers, directors, employees, agents and members harmless against all claims, losses, liabilities, expenses, damages and costs, including without limitation, attorney fees, arising from or related to Services provided, or your conduct in connection with Services offered in connection with Smartlinksync or any items, products or Services offered through our website or any violation or dispute thereof including but not limited to any rights of a or any third party.

Smart device installation of any smart device for a single-family residential home unless otherwise noted by Smartlinksync, this Service is subject to availability and at the discretion of Smartlinksync, Smartlinksync reserves the right to decline or reject any Service offered, this includes hardware or software without being liable for any damages or costs for any and all such Services provided by Smartlinksync. Any Service or Services such as smart device install provided may be rescheduled, cancelled or rejected subject to our Refund policy, such events may constitute of but are not limited to, an event outside of our control, unsafe or inclement weather, product availability, address location provided not within the service area and unsafe structural conditions.

In the event of any structural modifications performed to install a smart device, Smartlinksync is not liable for any damages or loss due to any modifications, or the effects of any modifications due to the installation of any smart device directly or indirectly while performing any installation service. Should the cost of any repair or remedy be required, including but not limited to additional work such as painting, drywall repair, mounting or remounting, patching, fixture repair or replacement will be subject to additional fees or costs to the customer or owner if remedy is requested through Smartlinksync. In the event of any of the above-mentioned structural modifications Smartlinksync may refer a third-party provider at the customer or owners request if needed.

Smart device installation or purchase may require an internet connection, Bluetooth connectivity or Wi-Fi access from a mobile device or mobile phone. Smartlinksync is not responsible for any changes in smart device functionality, availability or compatibility due to any changes via the smart device manufacturer. Any in-app purchases, downloads or updates are the responsibility of the customer or owner. Any changes to the smart device software that affects performance or behavior of the smart device is not the responsibility of Smartlinksync nor will Smartlinksync be held responsible or liable for any actions or consequences due to the manufactures products and or services provided as a result of said smart device.

You are responsible for obtaining the data network access necessary in the use of any smart device. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your mobile device to access your smart device or receive alert notifications. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Smartlinksync does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet, Bluetooth, Wi-Fi and electronic communications. Smartlinksync is not responsible for any resulting delays, delivery failures, or damage, loss, injury or death.

Pricing

Your use of the Services may result in charges to you for the Services or smart device you purchase from Smartlinksync. Prices displayed to you when purchasing goods through the Services may be inclusive of variable retail prices based on availability or market demand. Smartlinksync will enable your payment of the applicable Charges for the cost of Services or devices obtained through your use of the Services. Costs will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls, and/or surcharges. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

Refund Policy

Installation service options can be cancelled prior to 24 hours before the date of a scheduled service for a full refund. Any cancellation after this period will be subject to a 20% processing fee deducted from the purchased installation service option cost. In the event of the need to reschedule an installation service please contact us at support@smartlinksync.com or please reach out to one of our Support Specialists to reschedule without any fees applied. Any item can be returned in its original condition for a full refund or replacement within 30 days of receipt. Any smart device purchased beyond 30 days of the date of sale, Smartlinksync will have no further responsibility to provide a refund, and you waive your right to later dispute the amounts charged to Smartlinksync. No refunds will be given for any installation services after a smart device has been installed. Any installation service completed is final, any incomplete conditions that may arise during or at the completion of installation is the sole responsibility of the customer or owner to note and advise before service completion, after any installation options, Smartlinksync will not be responsible for any additional services, or any additional support via remote online support or smart device installation that will need to be purchased again through the website. All Online Remote Support options are final and non-refundable. Online remote support is a onetime service that may be rescheduled at any time. Should the need to reschedule arise please contact support@smartlinksync for availability. Any returned product or device that is damaged through customer misuse, is missing parts, or is in unsellable condition due to customer tampering may result in the customer being denied a refund due to return of the damaged device or product. In the event of this Smartlinksync will notify customer of the condition of the item or items as the cause of refund denial. Customer will be responsible for contacting the manufacturer directly for product registration and/or any manufacturer warranty-related information. Smartlinksync is not responsible for items on which personal information has been saved, in the event of this please erase this information completely by following manufacturer instructions.

No refunds will be given for smart apparel purchases. All clothing items are not eligible for return, refund or exchange. All sales are final.

Privacy Policy

Protecting your privacy is a top priority of Smartlinksync.  We do not collect nor solicit any private information our data from any customer or owner for collection and usage.  During purchase of any smart device or service, we do not collect or store billing and credit card information.  This information is stored on the customer or owner’s device and used to complete the purchase transaction. We do not collect any personal information unless you voluntarily provide it to us to aide in the completion of services provided, we do not retain any data or information provided.  However, you may be required to provide certain personal information to manufacturers of smart devices for functionality of certain features when you choose to use certain smart devices or services.  These may include: (a) registering for an account through a smart device manufacturer.  Smartlinksync will only use your information for, but not limited to, communicating with you in relation to smart device products and/or services you have requested from us. 

Most mobile device platforms (iOS, Android, etc.) have security permission firewalls and app permission that cannot access information without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. Users should check the settings on their devices or check with their service provider.

LIMITATION OF LIABILITY.

SMARTLINKSYNC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SMARTLINKSYNC, EVEN IF SMARTLINKSYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SMARTLINKSYNC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF SMARTLINKSYNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTLINKSYNC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM ANY SERVICES. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF SMARTLINKSYNC.

SMARTLINKSYNC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF ANY SMART DEVICE.

THESE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF ANY MANUFACTURER, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SMARTLINKSYNC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

SMARTLINKSYNC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE, DEVICE OR PRODUCTS REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

SMARTLINKSYNC DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY MANUFACTURERS OR PROVIDERS. THIRD-PARTY MANUFACTURERS OR PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF SMARTLINKSYNC. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE SMARTLINKSYNC FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

SMARTLINKSYNC DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO ANY DEVICE OR SERVICE. SMARTLINKSYNC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Last Modified 9/19/2024