Terms of Use & Conditions

Welcome to Smarts, owned and operated by MeiggsMedia LLC. The following are the Terms & Conditions (“Terms”) that govern use of this website (“Site”).

By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. MeiggsMedia LLC reserves the right to change these Terms at any time, without notice to you, effective immediately upon posting on the Site.

You understand and agree that the Site is provided “AS-IS” and that MeiggsMedia LLC assumes no responsibility for any loss or damage.

Our Privacy Policy explains what information the Site collects and how it is used.

Smarts is not a credit card issuer, bank nor a lender. Smarts does not issue credit cards or any credit products, it only provides information about such products. Smarts contains links to third party resources. Those websites operate under their own privacy, terms and security policies. Please consult each third party’s policy. We are not responsible or liable for any loss or damage of any kind incurred from your dealings with those third parties.

While we make reasonable efforts to keep all our information up to date, it is your responsibility to check with the credit card issuer, bank or lender. The information on our website is presented without any warranty. Any specific information such as rates, fees, benefits, promotions, terms and conditions, etc. found on our website is subject to change without notice. Before applying for any product shown on our website, you must review the latest terms and conditions of the product/offer on the product issuer’s website in order to verify rates, fees, benefits, promotions, terms and conditions, etc.

All material on our website is provided for informational and educational purposes only. The material is not intended as a substitute for professional legal, credit or finance advice. You should consult your own lawyer for professional legal advice. You should consult your own individual credit counselor for professional credit advice. You should consult your own financial advisor for professional finance advice.

Partner links

Some links on Smarts are partner links, and Smarts may be compensated when you click or apply through them. See How We Make Money for how this works.

You agree that you are only authorized to visit, view and retain a copy of the pages of this Site for your personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any commercial use, or for any purpose other than described in these Terms.

Use of this Site is void where prohibited. By using this site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the Terms & Conditions of this Agreement.

The content and software on this Site are the property of MeiggsMedia LLC and/or its licensors and are protected by U.S. and international copyright laws. Except for that information which is in the public domain or for which you have been given written permission, you may not reproduce, copy, edit, publish, transmit, display or upload any such information. MeiggsMedia LLC does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. In addition, MeiggsMedia LLC posts legal notices and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notice and credits.

MeiggsMedia LLC cannot ensure that the materials you download or otherwise obtain from the site will be free of viruses or spyware or contamination or destructive features. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEIGGSMEDIA LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

We strive to ensure that Smarts is accessible to all users. However, despite our best efforts, some content may not yet be fully accessible, and we are continually working to improve it. If you experience any difficulty accessing the website, please contact us immediately, and we will make every reasonable effort to rectify the issue.

In no event will we be liable for:

• Loss of use or access to the website;
• Loss of profits or business opportunities;
• Special, incidental, consequential, or punitive damages arising from or related to any alleged non-compliance with any disability-related laws or regulations.

You agree to indemnify and hold us harmless from and against any claims, damages, or expenses arising from or related to:

• Any alleged failure to comply with any disability-related laws;
• Any claims related to website accessibility;
• Any other matter arising from or related to these Terms.

Governing law

If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of Virginia without regard to its conflict-of-law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.

Binding individual arbitration

Any dispute arising under or in connection with MeiggsMedia LLC, the Site, or its Terms and Privacy Policy (a “Dispute”) shall be resolved by final and binding arbitration on an individual basis, and not in court, except as stated below. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect when the arbitration begins. The arbitration will take place in Fairfax County, Virginia, or, if you prefer, by video conference or telephone. The decision of the arbitrator in the matter shall be final and conclusive upon the parties, and judgment on the award may be entered in any court that has jurisdiction. The arbitrator may include in his determination an award for costs and/or reasonable attorney’s fees to the prevailing party in the arbitration.

What arbitration does not cover

Either party may bring an individual claim in small claims court, if it qualifies, instead of arbitration. Either party may also ask a court for an injunction or other equitable relief to protect or enforce its intellectual property rights.

Class action and jury waiver

To the fullest extent the law allows, you and MeiggsMedia LLC each agree to bring Disputes only on an individual basis, and not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine the claims of more than one person. YOU AND MEIGGSMEDIA LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Your right to opt out of arbitration

You may opt out of the arbitration, class action waiver and jury waiver provisions by emailing [email protected] within 30 days after you first use the Site. Use the subject line “Arbitration opt out” and include your name. If you opt out, those provisions do not apply to you, and the courts described below will hear your Disputes. Opting out does not change any other part of these Terms.

Courts and venue

For any Dispute that is not subject to arbitration, including a Dispute brought by a user who opted out, a small claims matter, or a request for an injunction to protect intellectual property rights, you agree to personal jurisdiction by and venue in the state and federal courts located within the county of Fairfax, Virginia.

The failure of MeiggsMedia LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree to indemnify and hold MeiggsMedia LLC, and its subsidiaries, affiliates, officers, agents, co-branders or partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, a link to another site, to upload Content or other information to the Site, or your violation of any rights of another.

Full name of legal entity

MeiggsMedia LLC doing business as Smarts

Mailing address

You can also use our contact page.