Terms and Conditions
Last Updated: October 27, 2020
This Agreement is between you and SmartLift Solutions, LLC (“SmartLift”, “we”, or “us”) concerning your use of (including any access to) any of the web or mobile based applications we own or control (the “Apps”) and the website currently located at https://avenirre.com (the “Website”), and webpages accessible through the Website’s domain (collectively with the Apps and the Website, the “Site”). When you access or use our Site, you acknowledge that you have read this Agreement, understand the contents of this Agreement, and agree to the terms of this Agreement.
This Agreement hereby incorporates by reference any additional terms and conditions posted by SmartLift through domains accessible from the Site, or otherwise made available to you by SmartLift. Your use of the Site is governed by this Agreement regardless of how you access the Site, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise.
BY USING OUR SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE SITE ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU HEREBY REPRESENT AND WARRANT TO US THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT, YOU HEREBY INDEMNIFY AND RELEASE SMARTLIFT FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF OUR SITE.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Follow one of the links below to jump to the listed section of this Agreement:
- Changes to this Agreement
- Important Note to New Jersey Consumers
- Information You Submit to Us Through the Site
- Jurisdictional Issues
- Ordering Products from Us
- Registration; Usernames, and Passwords
- Rules of Conduct
- Limited License
- SmartLift’s Proprietary Rights
- Third Party Materials and Links
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law and Mandatory Arbitration Provision
- Contact Us
- Export Controls
- California Transparency in Supply Chains Act (SB 657) Disclosure
- California Proposition 65 Warnings
- Apple-Specific Terms
1. Changes to this Agreement.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement on our Site. Any such changes will become effective on the “Last Updated” date indicated above and such changes will not apply to any dispute between you and us arising prior to such date on which the revised Agreement incorporating such changes became effective, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access via any third-party links); charge, modify, or waive any fees required to use the Site; or offer opportunities to some or all users.
2. Important Note to New Jersey Consumers.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 15 below, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Section 15 below, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 15 below, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) in Section 16 below, the requirement that you indemnify SmartLift (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) in Section 18 below, the Texas governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
3. Information You Submit to Us through the Site.
4. Jurisdictional Issues.
The Site is controlled or operated (or both) from the United States and is not intended to subject SmartLift to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in any non-U.S. jurisdiction. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
The Site may make available listings, descriptions, and images of goods and/or services or related coupon codes or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by SmartLift or by third parties. The availability through the Site of any listing, description, or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained therein). Such information and the availability of any Product (including the validity of any coupon code or discount) is subject to change at any time without notice. Certain functionality, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable features, however the actual features you see will depend on your subscription level and/or computer system. We reserve the right to correct any errors, inaccuracies, or omissions regarding such attributes. There may be errors in the prices of certain offerings, and we reserve the right to restrict orders of such items and correct any errors, inaccuracies, or omissions regarding such items. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the possession, use, and sale of any Product.
6. Ordering Products from Us.
We may make available the ability to purchase or otherwise obtain certain Products through the Site or through other sales channels such as telephone orders and mail orders (each, a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
SmartLift reserves the right, including without prior notice, to limit the available product quantity or feature, or discontinue making available any Product or Service; to impose conditions on the honoring of any coupon code, discount, or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product or Service. By engaging in a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
7. Registration; Usernames and Passwords.
You may need to register to use all or part of the Site. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not SmartLift, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or account for any part of our Site.
8. Rules of Conduct.
In connection with the Site, you must not:
- Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure, or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without SmartLift’s express prior written consent.
- Reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without SmartLift’s express prior written consent.
- Systematically download and store content of the Site.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather content from the Site, or reproduce or circumvent the navigational structure or presentation of the Site, without SmartLift’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Sites’ root directories, SmartLift grants to the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. SmartLift reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Site.
9. Limited License.
Subject to SmartLift’s authorization to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use. The Apps are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by SmartLift to use the Apps, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Apps on a mobile device that you own or control.
10. SmartLift’s Proprietary Rights.
We and our suppliers own the Sites and Apps, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Apps and remove (that is, uninstall and delete) the Apps from your mobile device. All trade names, trademarks, service marks, and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
11. Third Party Materials and Links.
Certain functionality of the Site may make available access to materials made available by third parties (“Third-Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, integrity, quality, legality, usefulness, or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by SmartLift with respect to any Third-Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third-Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
13. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY: AND (B) SMARTLIFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 13 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE SITE.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH SMARTLIFT AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity, and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct, or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, please contact us by visiting firstname.lastname@example.org and providing a description of such alteration and its location.
14. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: SMARTLIFT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE SITE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) SMARTLIFT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS: (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE: AND (C) THE MAXIMUM AGGREGATE LIABILITY OF SMARTLIFT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SMARTLIFT TO USE THE SITE; AND (2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH SMARTLIFT AND THE AFFILIATED ENTITIES.
Applicable law in states other than New Jersey may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless SmartLift and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, any of the Site; and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. SmartLift may terminate or suspend your use of any or all of the Site at any time and without prior notice, including if SmartLift believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and SmartLift may, without liability to you or any third party, immediately deactivate or delete your username, password and account(s), and all associated materials, without any obligation to provide any further access to such materials.
17. Governing Law and Mandatory Arbitration Provision.
If a dispute, controversy or claim, of any kind and every kind or type, whether based on contract, tort, statute, regulations, or otherwise, arising out of, or connected with, or relating in any way to this Agreement, or the relationship of the parties, or the obligations of the parties, or the scope of this arbitration agreement, of the operations carried out under this Agreement, including without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, non-performance, breach, termination, scope, or enforceability of this Agreement, or the breach thereof (any one of which constituting the “Dispute”), and if the Dispute cannot be settled through direct discussions (in the opinion of any party), the parties agree to first endeavor to settle the Dispute in an amicable manner by mediation under the then current Commercial Mediation Rules of the American Arbitration Association (“AAA”), before resorting to arbitration. If the Dispute is not settled by mediation within thirty (30) days of written request for mediation by any party to AAA, then and thereafter any unresolved Dispute, including the arbitrability of any unresolved Dispute, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then current AAA Commercial Arbitration Rules with the award being final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any provisional remedy which would be available from a court of law shall be available from the arbitrator to the parties to this Agreement pending arbitration. The Federal Arbitration Act shall govern all arbitration proceedings under this Agreement. This Agreement shall in all other respects be governed and interpreted by the laws of the State of Texas, including its statutes of limitation but excluding any conflicts or choice of law rule or principles that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The arbitration shall be conducted in Dallas, Texas, by one neutral arbitrator chosen by AAA according to its Commercial Arbitration Rules. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. All fees and expenses of the arbitration shall be borne by the parties equally who shall make deposits as requested by AAA of each party’s share of the deposits requested. Failure or refusal by a party to pay its share of the requested deposits shall constitute a waiver by the non-paying party of its rights to be heard, present evidence, cross-examine witnesses, and assert counterclaims in the arbitration. Informing the arbitrator of a party’s failure to pay its share of the requested deposits for the purpose of implementing this waiver provision shall not be deemed to affect the arbitrator’s impartiality, neutrality, independence, or ability to proceed with the arbitration. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs. The prevailing party, according to the arbitrator, shall be entitled to an award of reasonable attorney’s fees for the arbitration and for all appeals of the award, arbitration fees and administrative expenses, and pre-award and post-award interest at the prevailing Texas statutory pre-judgment and post-judgment interest rates. This agreement to arbitrate shall survive the termination or repudiation of this Agreement.
None of the information on the Site is intended for the use of children under thirteen (13) years of age, and SmartLift does not knowingly register any person or accept information from any person under thirteen (13) years of age.
19. Contact Us.
If you have a question or complaint regarding any of the Site, please contact us by visiting https://avenirre.com/contact/.
You may email us at: email@example.com
You may also contact us by writing to:
SmartLift Solutions, LLC
Attn: Avenirre Customer Service
301 Commerce Street, Suite 3640
Fort Worth, Texas 76102
You may contact us by phone by calling: 1-817-864-7160.
Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Export Controls.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and SmartLift. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and SmartLift relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SmartLift relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. SmartLift will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
23. California Transparency in Supply Chains Act (SB 657) Disclosure.
SmartLift is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.
- Vendor Code of Conduct. SmartLift requires that vendors certify that they will comply with our Vendor Code of Conduct, which prohibits our vendors from using child labor or involuntary labor. Our Vendor Code of Conduct also requires that vendors conduct their operations in accordance with all laws applicable to their businesses.
- Monitoring of Compliance. We review the terms of our Vendor Code of Conduct with all of our suppliers and conduct periodic reviews of their facilities in order to confirm that they are in compliance with all required policies.
- Training. We train our employees who are responsible for procuring products on the importance of confirming that our vendors comply with the Vendor Code of Conduct, including its prohibitions on child labor and involuntary labor. We also train our employees to identify and respond to concerns about labor practices in the supply chain that might arise from time to time.
- Corrective Action. In the event that a vendor was to violate our Vendor Code of Conduct, we would have the option to terminate our business relationship with that vendor or take other actions with that vendor to remediate any problems that had been identified.
24. California Proposition 65 Warnings.
In 1986, the State of California passed the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as “Proposition 65”, to address concerns of toxic chemicals contaminating the drinking water. Today, Proposition 65 has grown to include over 800 chemicals and compounds, many of which are found in common household goods. The Complete Proposition 65 Chemical List (the “Prop 65 List”), which is compiled by the California Office of Environmental Health Hazard Assessment (OEHHA) can be found at https://www.p65warnings.ca.gov/chemicals.
Proposition 65 requires businesses to provide warnings to residents of California that exposure to certain chemicals and places may cause cancer, birth defects, or other reproductive harm. In the state of California, these warnings can be found on products and in most commercial places. The following are examples of products or places that can expose you to the Prop 65 List chemicals: grocery stores, jewelry, coffee, electric cords, amusement parks, wood dust, lamps, parking garages, hospitals, automobiles, beauty products, restaurants, and furniture.
Warning labels are only required to be placed on items that are sold or distributed to California and contain any of the chemicals or compounds on the Prop 65 List. We place warning stickers on all of our products that contain wood dust or any of the other 800+ substances on the Prop 65 List because we do not know where each item will ship when it is manufactured and packaged. Companies risk large fines for not warning consumers that a product contains a substance on the Prop 65 List. The State of California requires the warning stickers to read: “This product contains chemicals known to the state of California to cause cancer or birth defects or other reproductive harm.”
If you would like to learn more about Proposition 65, please visit the following website: https://oehha.ca.gov/.
25. Apple-Specific Terms.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Apps that are compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Apps. Apple is not providing any warranty for the Apps except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Apps and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Apps, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Apps, including those pertaining to intellectual property rights, must be directed to SmartLift in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the Apps on an Apple branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apps, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, SmartLift’s right to enter into, rescind, or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.