Terms and Conditions for Websmart LLC

September 7, 2024

1. Agreement to Terms

By engaging with the lead generation services of Websmart LLC ("the Company"), you ("the Client") agree to be bound by these Terms and Conditions, which may be updated or modified at any time without prior notice. Continued use of our services after any modifications constitutes your agreement to the updated terms. It is your responsibility to review these Terms periodically.

2. Non-Refundable Payments

All payments made to Websmart LLC for services rendered are non-refundable. This includes but is not limited to subscription fees, lead generation fees, or any other charges related to our services. Once payment is made, no partial or full refund will be issued, regardless of the outcome or perceived success of the leads provided.

3. Service Commitment

The Client agrees to the specified commitment period (e.g., three months) for services as outlined in the service description. While Websmart LLC strives to deliver the lead volumes and types described, all estimated lead numbers are subject to change and are not guaranteed.

4. Right to Modify or Cancel Services

Websmart LLC reserves the right to modify or cancel the service or contract at any time without prior notice. The Client acknowledges that Websmart LLC can terminate this agreement at any moment, for any reason, without liability or recourse to legal action by the Client. The Client waives all rights to pursue any legal claims, demands, or actions against Websmart LLC for such termination.

5. Lead Quality and Disclaimer

While Websmart LLC makes reasonable efforts to provide quality leads, we do not guarantee the success, validity, or profitability of any lead delivered. The Client acknowledges that Websmart LLC's role is to provide leads, and the ultimate responsibility for closing or converting leads into business remains solely with the Client.

6. Limitation of Liability

In no event shall Websmart LLC, its owners, agents, or employees be liable to the Client for any damages, including but not limited to lost profits, loss of business, or any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use of the services provided. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, or any other basis, even if Websmart LLC has been advised of the possibility of such damages.

7. Indemnification

The Client agrees to indemnify and hold harmless Websmart LLC, its affiliates, directors, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising out of or in connection with the Client's use of the services, breach of these Terms, or any violation of applicable law.

8. No Legal Action or Claims

By agreeing to these Terms, the Client expressly waives any right to pursue legal action, litigation, or claims against Websmart LLC in relation to the services provided. The Client agrees that any dispute shall be resolved through negotiation or alternative dispute resolution methods, such as mediation or arbitration, as the sole and exclusive remedy.

9. Changes to the Terms

Websmart LLC reserves the right to amend, update, or modify these Terms and Conditions at any time without prior notice to the Client. The Client agrees that they are bound by the most current version of the Terms as published on our website or otherwise made available. Continued use of the service after any changes constitutes the Client's agreement to be bound by such changes.

10. Price Changes

Websmart LLC reserves the right to modify the pricing of our services at any time and without prior notice. The Client acknowledges that the price for the services they receive may be adjusted at our sole discretion. Continued use of the services after a price change constitutes the Client’s agreement to the new pricing structure.

11. Confidentiality

The Client agrees to keep confidential any and all proprietary information, trade secrets, or any other confidential information provided by Websmart LLC during the course of this agreement. This confidentiality obligation shall survive the termination of the agreement.

12. Dispute Resolution & Arbitration

Any disputes arising from or relating to this agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Lee County, Florida, and the decision of the arbitrator shall be final and binding on all parties. Each party shall bear its own legal fees and costs associated with the arbitration.

13. Force Majeure

Websmart LLC shall not be held liable for any delay or failure to perform its obligations under this agreement if such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, government regulations, natural disasters, or other circumstances that would make the provision of services impossible.

14. Client Responsibilities

The Client agrees to provide all necessary information, cooperation, and timely payments required for the performance of services by Websmart LLC. Failure to provide the required cooperation or meet payment deadlines may result in suspension or termination of services, without any obligation on the part of Websmart LLC to provide refunds or compensation.

15. Non-Disparagement

The Client agrees not to make or cause any false, defamatory, disparaging, or derogatory statements concerning Websmart LLC, its employees, or its services. The Client acknowledges that any breach of this provision may result in legal action for damages or injunctive relief.

16. Data Protection and Compliance

Websmart LLC agrees to comply with all applicable data protection laws and regulations in the handling of client and lead data. The Client agrees to provide Websmart LLC with all necessary consents and authorizations for the lawful processing of any personal data in relation to the leads generated.

17. Warranties Disclaimer

Websmart LLC makes no guarantees, representations, or warranties, whether express or implied, regarding the success or profitability of the leads provided. All services are provided "as is" without any warranty of any kind. The Client assumes all risks related to the use of the services.

18. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively within the jurisdiction of the courts located in Lee County, Florida.

19. Entire Agreement

These Terms and Conditions constitute the entire agreement between the Client and Websmart LLC concerning the services provided and supersede all prior or contemporaneous communications, agreements, or understandings, whether oral or written.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.