Terms & Conditions
UPDATED JANUARY 1, 2017
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEB-SITE (INCLUDING THE ORDERING OF SERVICES THROUGH THIS WEBSITE) YOU AGREE TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION OR AMENDMENT SMARTDEPS MAY MAKE TO THE SITE TERMS YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING SMARTDEPS IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR ACCOUNT AND THIS WEBSITE. YOUR ACCOUNT WILL BE DEACTIVATED, AND YOU WILL NO LONGER BE ELIGIBLE TO USE this site OR ORDER FURTHER PRODUCTS OR SERVICES FROM SMARTDEPS. IF YOUR ACCOUNT IS DEACTIVATED, THIS WILL NOT AFFECT YOUR RESPONSIBILITY FOR PAYMENT OF JOBS ALREADY COMPLETED AND/OR IN PRODUCTION.
NOTE: AS MORE THOROUGHLY EXPLAINED BELOW, SMARTDEPS, RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
RELATED POLICIES AND TERMS:
Certain additional policies, terms and conditions apply to the use of particular portions of this Web Site, and to the purchase of products from SmartDeps. ("SmartDeps"). These additional policies, terms, and conditions are included as and shall be deemed to be part of these Terms and Conditions (collectively all such terms and conditions are referred to as the "Site Terms"). The Site Terms apply exclusively to your access and/or use of this Web Site and do not alter in any way the terms or conditions of any other written agreement you may have with SmartDeps. SmartDeps values its customers' privacy. Please make sure you review the Privacy Statement section of this Website so that you may understand how SmartDeps collects and uses information.
SHIPPING POLICY & GUIDELINES - UPDATED MARCH 1, 2015:
We reserve the right to update and revise this Shipping Policy and Guidelines without prior notice to reflect changes in our policies, services and/or in response to our customers' feedback. When we do make changes to this Policy, we will revise the "last updated" date at the top of this Policy. Please make sure that you review it frequently as anytime you place an order with SmartDeps the current Shipping Policy and Guidelines will apply.
SmartDeps ("SmartDeps") ships all packages via FedEx or its related services. Our standard shipping level (“Standard Shipping/Shipments”) is FedEx Ground, but you may elect to use an alternative method of FedEx shipping during the ordering process. Our shipping charges are based on the rates charged by the carrier as they may vary from time to time. All orders are shipped FOB shipping point, which means ownership and risk of loss transfers to you once we deliver the printed products to our shipping carrier. If you elect to pick up your order, ownership and risk of loss will transfer to you when you (or your agent) take possession of the order. If you make use of our local delivery option, ownership and risk of loss will transfer to you when you (your client or your agent) accept delivery. Local deliveries are made without a delivery receipt or proof of delivery.
Unfortunately, we cannot use a customer's personal account with FedEx or any other carrier.
The estimated delivery time for any given shipment will vary according to the method of shipping you choose and/or by your location. Please note that although we make an effort to meet the estimated delivery times, because we use a third party shipping service we are not able to guarantee a specific delivery date or time. If you have time-sensitive materials, please make sure you allow sufficient time for you, or other parties associated with your case, to receive your order.
If you select a shipping service level other than Standard Shipping the delivery date will correspond to the service level chosen. Again, the delivery date does not include the day of pickup. If you select FedEx Ground, FedEx Priority Overnight, FedEx 1st Overnight, FedEx Standard Overnight and FedEx 2 Day, or some other FedEx special delivery level (or their equivalent) this means that FedEx is guaranteeing its shipping service within the time period selected. Note that only these special accelerated shipping services are guaranteed by FedEx within the FedEx time frames given. Standard Shipping is NOT guaranteed to deliver within the estimated arrival time.
Please note shipping services are completely separate from production schedules. The current SmartDeps production schedule for Hard Copy Productions is a max of 48 hours. Once production is complete, your packages are shipped in agreement with the FedEx shipping service you have selected. If you have dated or time sensitive material please plan accordingly; leave plenty of time for you or your clients to receive your order. We strongly suggest that in such circumstances you do not rely on FedEx Ground delivery.
SmartDeps will ship to a destination outside of the United States; however, it may be necessary to separately estimate the shipping method and costs. You can enter the destination in order to receive an estimate of the shipping costs, but you should contact SmartDeps to receive an estimate of the shipping time involved. All pricing for international shipments is in U.S. dollars. Our pricing includes product and shipping costs only; customs duties and other costs incurred as a result of international shipping are in addition to our costs and you are separately responsible for these costs. We reserve the right to refuse to ship to certain international locations. Please contact our Support Department at for more information regarding international shipping.
Each job that is submitted to SmartDeps for production will automatically be assigned a job number. Any and all parts to a specific job number will be produced and shipped at the same time in accordance to our production schedule. Multiple job numbers cannot be combined for production and/or shipping options.
Holidays may affect and delay your shipping times. Please take holidays into account when estimating your package delivery time.
If a package is not delivered due to a customer refusal (which would include a failure to pick up the product from the carrier, if applicable) or an error made by the customer, e.g., not submitting the proper shipping address, it may cause the package to be reshipped (with the corrected address if applicable), and you will be charged an additional shipping fee for this reshipment and possible administrative fees from SmartDeps. You may also incur additional fees as a result of the inability of the carrier to deliver the order, as well as return fees. Even if you decline to have a product reshipped, you will continue to be responsible for the product cost, original shipping and any additional fees incurred as a result of the product being returned, and you consent to these fees being charged by either agreeing to allow SmartDeps to apply the additional shipping charges to your next job submitted or billing you separately via credit card outside of the SmartDeps system for those charges. Charges such as these must be paid in full before we either, re-ship or the carrier re-ships directly. In order to change, modify or update a shipping address that is already in the status mode “JOB COMPLETE”, you must email us at with the job number and the specifics of your request.
If, after placing an order, you wish to change the shipping address you may do so up until the time the order is out for delivery. Each time that you request that we intercept and transport an order to a new shipping address (i.e., other than the one currently chosen) you will incur an administrative fee of fifteen dollars ($15.00) per address change, modification or update, as well as any increases in the shipping fees and other charges FedEx may impose. You consent to these fees being charged by either agreeing to allow SmartDeps to apply the additional shipping charges to your next job submitted or billing you separately via credit card outside of the SmartDeps system for those charges. Charges such as these must be paid in full before the shipments can be released to the carrier. In order to change, modify or update a shipping address that is already in the status mode “IN PRODUCTION” you must email us at with the job number and the specifics of your request.
Please note that if you choose to ship to a business address, the carrier will obtain a delivery signature. If you decide to send a package to a residential address, the carrier will not get a delivery signature.
ESTIMATING / PRODUCTION / SHIPPING SCHEDULES:
We will make every effort to adhere to the estimating, production and shipping schedules for your order. However, equipment failures, technical problems, shipping delays and other problems beyond our control may delay the printing and delivery process. Under such circumstances rush charges and other production fees may be waived or refunded as applicable, however, such delays are not grounds for cancellation of an order. By placing an order with SmartDeps you are agreeing that we are not responsible or liable for, and no refund, cancellation or credit will be due as a result of shipping company delays, acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, any other circumstances that are beyond our direct control.
RETURNS / REFUND / REPRINT POLICY:
We reserve the right to update and revise this Returns/Refund/Reprint Policy without prior notice to reflect changes in our policies, services and/or in response to our customers' feedback. When we do make changes to this Policy we will revise the "last updated" date at the top of this Policy. Please make sure that you review it frequently as any time you place an order with SmartDeps the current Returns/Refund/Reprint Policy will apply.
We guarantee that our printed products will not be defective in accordance with industry standards. You may contact and a SmartDeps representative will be pleased to help address any general issues you may have with your transcript production job.
If you believe your transcript production order is defective or has not otherwise met your requirements please contact SmartDeps, at , within five (5) business days of receiving your order. If you do not contact us within this time frame we will assume that your job was satisfactory upon receipt and will be under no obligation to provide a refund or reprint. Once you have contacted us, we will then have five (5) business days to determine if a reprint or refund is appropriate, or to advise you that more information is needed to process your inquiry. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to provide a refund or reprint. If we determined that a transcript production order is in fact defective or has not otherwise met our obligations, one of the following two resolutions will be offered:
We will reprint and re-distribute the transcript production job on a rush basis at SmartDeps expense.
We will refund the original order price.
We reserve the right to request samples of any allegedly defective merchandise prior to either of the above resolutions being agreed to.
A Customer Service representative will generally contact you within 24-48 hours of us making the determination that a reprint or refund is appropriate in order to confirm the approved solution. If you do not make contact with our representative within five (5) business days of their first attempt to contact you with the agreed solution we will assume that the issue has been otherwise resolved and no reprint or refund will be given
If SmartDeps determines that a reprint of your product is applicable, the reprint will begin on a rush production basis within one (1) business day of our confirmed receipt of the product or such earlier time as we may agree to.
The foregoing is SmartDeps’s sole responsibility with respect to a defective order. To the maximum extent permitted by law, SmartDeps is not responsible for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SmartDeps has been advised of the possibility of such damages), resulting from the order.
The following are some guidelines and examples of issues that do not constitute grounds for a refund, or a return or reprint of a product:
An order that is refused at time of delivery or undeliverable orders. (We will reship the product at the customer's expense if requested).
The product is lost, delayed or returned to SmartDeps due to an error made by the customer in submitting the proper shipping address. (For product that is later found or that is returned to us we will reship the package with a corrected address and charge an additional shipping fee for the shipment). You consent to these fees being charged by either agreeing to allow SmartDeps to apply the additional shipping charges to your next job submitted or billing you separately via credit card outside of the SmartDeps system for those charges.
Transcripts that become delayed in production or shipping as a result of the customer providing inaccurate information.
Transcripts that incur a higher shipping charge as a consequence of the client providing incorrect information.
Product that is delayed in production and/or shipping as a result of shipping company delays, acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, and any other circumstances that are beyond our direct control.
Errors that are contained in the uploaded customer file, e.g., misspelling, graphics, grammar, damaged fonts, punctuation, and finished product size. SmartDeps does not make any changes to client files.
Product that experiences print or images that are fuzzy, pixelated or otherwise distorted as a result of the customer providing poor quality files.
Products that do not accurately match color or ink density. SmartDeps does not color match or match customer specified ink density.
Orders that are duplicated as a result of client error.
Orders that are canceled after the order has entered into production (or any process after that).
Orders that contain dated materials that arrive after the relevant date or with insufficient time to use the material as intended. It is a customer’s responsibility to allow sufficient time when placing an order for time sensitive materials.
A client’s violation of any of the terms and conditions governing the use of SmartDeps website and ordering of product.
Viruses, worms, and other forms of harmful or malicious code that are not detected or removed using SmartDeps standard virus/malicious code detection procedures.
Loss, corruption of, or damage to your personal information, Customer Content, order history or related information that is stored by SmartDeps.
Our failure to notify you of any delay, loss or damage in connection with your printed products or shipment or any inaccuracy in such notice.
The release of an order by the shipper without obtaining a signature. Please note that SmartDeps provision of advice, assistance or guidance either on this Website or via our Customer Service representatives does not constitute an acceptance of responsibility or liability for any problems that may arise in connection with any transcription production order or services provided.
MODIFICATION OF SITE TERMS:
SmartDeps reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies referenced above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of SmartDeps.
If the Site Terms are changed, modified and/or amended, SmartDeps will post the new terms on this Website and the "last updated" date relevant to the conditions containing the change will be modified. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms when you initially register you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.
If you do not agree with any change, modification or amendment SmartDeps may make to the Site Terms you may withdraw your consent and agreement to be bound to them by notifying SmartDeps at in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account will be deactivated and you and will no longer be eligible to use this Website or order further products or services from SmartDeps. If your account is deactivated, this will not affect your responsibility for payment of jobs already completed and/or in production.
SmartDeps may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions SmartDeps has elected to notify you via such additional means does not constitute an agreement of any kind by SmartDeps that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective until further notice of such modifications, changes and/or amendments.
Your use of this Website constitutes your agreement and consent that SmartDeps may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with SmartDeps. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from SmartDeps. If your account is deactivated, you will remain responsible for payment of print jobs already completed or in production.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing" or "in writing," and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website, and placing orders for the products and services offered by SmartDeps via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of SmartDeps or any third party. You may not use any meta-tags or other "hidden text" utilizing SmartDeps name or trademarks without SmartDeps express written consent. Unless you receive SmartDeps express written consent, you may not:
resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content (including any SmartDeps trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
make a derivative use of the Website and/or any Site Content; or
Utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
You agree to abide by these Site Terms and not to use the products and services offered by SmartDeps for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of improper solicitation.
SmartDeps may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with SmartDeps. In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.
When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.
As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging on to your account and then following the instructions for changing your password. You agree that you will immediately notify SmartDeps in the event you become aware of any unauthorized use of your user ID and password.
CUSTOMER PROVIDED CONTENT:
For certain product and service offerings, you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "Customer Content") to SmartDeps for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to SmartDeps you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold SmartDeps and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by SmartDeps in defending against such suit, demand or claim.
You agree that you will not send, upload, post or otherwise transmit to SmartDeps any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of SmartDeps and/or of any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that SmartDeps does not pre-screen Customer Content, but that SmartDeps reserves the right to do so at any time and that SmartDeps and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a transcript production job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that SmartDeps may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SmartDeps, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, SmartDeps, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of SmartDeps.
UPLOADED CONTENT REQUIREMENTS
We strongly recommend that content uploaded to SmartDeps for Transcript production fulfillment is:
At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixelated or otherwise distorted for which SmartDeps does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
Free Exhibit Scanning, Free Exhibit Linking and Free Scanned Exhibit Naming:
SmartDeps will scan, link and name for free:
Up to 500 8.5 x 11 Exhibit papers (B/W or Color) for each deponent submitted with a transcript production.
SmartDeps charges an additional fee of $0.18 per scanned image for black and white and $0.39 per scanned image for color if your deponent’s exhibits exceed the 500 sheet allowance. SmartDeps charges an additional fee to process exhibits that are larger than 8.5x11. Fees may vary depending on the actual size of the exhibit (if larger than 8.5x11) that needs to be scanned. Additional fees will be reflected on the cost analysis PDF that is provided with each production order.
SmartDeps cannot perform any standalone exhibit services. Any and all exhibits that you require SmartDeps to scan, link, name or photocopy, require an associated transcript production with a valid system job number. This includes all Hard Copy Productions and PDF Bundles.
SmartDeps charges $.012 per 8.5x11 exhibit image copied. This includes all 8.5x11 black and white and 8.5x11 color exhibits submitted with a transcript production order.
SmartDeps charges an additional fee to photocopy exhibits (if larger than 8.5x11). Fees may vary depending on the actual size of the exhibit (if larger than 8.5x11) that needs to be reproduced. Additional fees will be reflected on the cost analysis PDF that is provided with each production order.
SmartDeps cannot perform any standalone exhibit services. Any and all exhibits that you require SmartDeps to scan, link, name or photocopy, require an associated transcript production with a valid system job number. This includes all Hard Copy Productions and PDF Bundles.
COLOR QUALITY OF EXHIBITS COPIED IN COLOR:
SmartDeps guarantees that its prints will meet industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears on your screen. SmartDeps is not responsible for any color shift in converted images submitted by the clients.
PRODUCTION TURNAROUND TIME:
SmartDeps currently offers a standard up to 48-hour production turnaround for Hard Copy Productions. PDF and PTX bundles are immediately distributed upon payment, 24/7. Hard Copy Productions are produced and shipped, Monday-Friday, 8:00 am – 8:00 pm EST, once payment is made. SmartDeps processes orders in the order in which they are received.
ORDER APPROVAL AND PROOFING:
SmartDeps has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a SmartDeps customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that SmartDeps will review any other order you place. ASCII files are converted and printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the transcript production process. SmartDeps DOES NOT make any changes on customer files. Once you submit an order to the transcript production process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. SmartDeps will assume that you have verified the spelling, grammar, content, and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, improper layout, sizing, etc.
When you first sign up for SmartDeps.com, you can request a free sample PDF Bundle so you can see what your transcripts will look like for future orders.
All prices and dollar amounts on this Website are in United States dollars. SmartDeps presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.
In order for you to register with and order services from SmartDeps, it is necessary for you to provide and keep on file a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to SmartDeps you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a SmartDeps customer service representative if extended processing is required to complete your transaction request through our Website. This may affect your estimated delivery date.
Unless SmartDeps agrees otherwise, all transcript production orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with SmartDeps or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the date of the order, it will be added to the credit card information kept on file; SmartDeps will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.
In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us.
In the event that SmartDeps and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that SmartDeps may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.
A transcript production order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production, you may incur cancellation charges and or fees associated with the transcript setup, formatting, personalization and exhibit scanning/linking as stated on the SmartDeps.com pricing and services page under ASCII setup fee. (Please allow at least 10 business days for any refunded monies to be credited to your account). A transcript production order cannot be canceled and no refund will be given once it has entered into production or any process thereafter. All cancellations must be completed through this website by accessing your job through the “MY ACCOUNT” tab. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.
If within forty-five (45) days or later of you placing an order and SmartDeps has not received any files or incomplete files from which to complete your job, SmartDeps may at its option cancel the order.
Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are ownership of SmartDeps and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content"), constitutes the copyrighted property of SmartDeps or of those parties from whom SmartDeps has licensed such property, and is protected by United States, international and other laws. SmartDeps reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. SmartDeps reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.
Trademarks. "SmartDeps," “SmartDeps," SmartDeps.com, SmartDeps.com and their respective designs and/or logos, are either trademarks or registered trademarks of SmartDeps and may not be copied, imitated or used, in whole or in part, without the prior written permission of SmartDeps. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of SmartDeps, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SmartDeps. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of SmartDeps, or the respective intellectual property owner. Any use of Site Content -- including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance -- without the prior written permission of SmartDeps is strictly prohibited.
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on or through this Website is licensed to you by SmartDeps on a non-exclusive and limited basis solely for the purpose of creating and ordering print products or services from SmartDeps. SmartDeps does and shall retain the full and complete title and all intellectual property rights to such Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such Software.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SmartDeps DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. SmartDeps DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. SmartDeps IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. SmartDeps DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF SmartDeps OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL SMARTDEPS, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT SmartDeps HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM SmartDeps (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
SmartDeps, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO SmartDeps (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.
UNDER NO CIRCUMSTANCES WILL SMARTDEPS BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Philadelphia, Pennsylvania, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You agree that you shall indemnify and defend and hold SmartDeps and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by you, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from SmartDeps, that was not part of the standard Site Contents, infringes upon the rights of a third party (iii) and/or any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
SECURITY AND PRIVACY:
To order services from SmartDeps it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for SmartDeps to guarantee absolute confidentiality or security. The information SmartDeps collects and how that information is used is subject to SmartDeps Privacy Statement.
SmartDeps may suspend or terminate your account and or your right to utilize the services made available through this Website if it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.
Notwithstanding any of these Site Terms that may suggest otherwise, SmartDeps reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.