Website Terms of Use
Last Updated: February 2, 2026
Thank you for visiting the SMDigital Partners LLC (“SMDigital,” “we,” “us,” or “our”) website. These Website Terms of Use (“Terms”) govern your (“you” or “your”) use of the website located at https://smdigitalpartners.com, and any other websites, applications, products, or services we own or operate where these Terms are posted or linked (collectively, the “Website”), including all subdomains and all content, code, data, services, features, and functionality made available through the Website.
By using the Website, you accept and agree to these Terms, our Cookie declaration, and our Privacy Policy. You represent that you have the right, authority, and capacity to enter into this agreement. If you do not agree, do not access or use the Website.
1. Use of the Website
Access to and use of the Website implies your full acceptance of these Terms. We may change these Terms from time to time; the revised version will be posted here, and your continued use after changes are posted constitutes acceptance. Access is permitted on a temporary basis, and we may change, withdraw, vary, or suspend the Website or any service at any time without notice. You are responsible for the arrangements necessary to access the Website and for ensuring that anyone accessing it through your connection is aware of these Terms. You may not use automated systems or software to extract content or data from the Website for commercial purposes. You agree not to use the Website for fraudulent purposes or to take any action that damages, disables, or overburdens it or harms SMDigital or third parties. We may limit, suspend, or terminate your access for any breach of these Terms.
2. International Users
The Website is controlled, operated, and administered from our offices in Delray Beach, Florida, USA. We make no representation that content is appropriate or available for use outside the United States. If you access the Website from outside the United States, you are responsible for compliance with applicable local laws, and you may not use or export the content in violation of U.S. export laws and regulations.
3. Reliance on Information Posted
The materials on this Website are for informational and educational purposes only. Your use of this Website does not create a contractual or legal relationship between you and SMDigital, and the information is not intended as advice and should not be relied upon as such. We disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permitted by law.
4. Copyright
This Website is protected by the copyright laws of the United States and other jurisdictions. You may not copy or modify any part of the Website except as expressly permitted, and you may not include any part of the Website in another work or website by linking, framing, or otherwise without our prior written consent.
5. Trademarks
The trademarks, service marks, and logos of SMDigital (“SMDigital Marks”) belong exclusively to SMDigital and are protected under applicable trademark and copyright laws. All other marks are the property of their respective owners. Nothing on the Website grants you any license or right to use the SMDigital Marks or any third-party marks.
6. Use Restrictions
You agree not to use the Website for any unlawful purpose or in any manner that: interrupts, destroys, or limits its functionality; copies, modifies, reverse engineers, or extracts its source code; seeks unauthorized access to the Website or its servers; infringes any intellectual-property, privacy, or publicity right; consists of unsolicited advertising, spam, or chain communications; causes us to lose the services of our providers; links to materials you have no right to link to; is false, misleading, harmful, abusive, defamatory, obscene, or otherwise objectionable; or violates or encourages violation of these Terms.
7. Your Information
You may be asked to provide certain information to access services or products. You agree not to misrepresent your identity or affiliation, and you represent that all information you submit is truthful, accurate, complete, and current. Our collection and use of your information is governed by our Privacy Policy, incorporated by reference. You agree to notify us immediately of any unauthorized use of your information or other breach of security.
8. Third-Party Websites
The Website may link to third-party websites, and third-party websites may link to the Website (“Linked Sites”). We have no responsibility for, and do not endorse, the content, products, services, or materials of any Linked Site. Any reliance on a Linked Site is at your own risk, and you assume all responsibility and consequences resulting from such reliance.
9. Advertisements and Promotions
We may run advertisements and promotions from third parties on the Website. Your dealings with, or participation in promotions of, advertisers other than SMDigital are solely between you and that third party, and we are not responsible for any loss or damage resulting from such dealings.
10. Disclaimer of Warranties
SMDigital makes no representations or warranties, express or implied, with respect to any opinion, information, advice, or statement on the Website or on any third-party website accessed via a link. The Website is provided on an “as is” and “as available” basis. SMDigital disclaims all implied warranties, including merchantability, satisfactory quality, accuracy, fitness for a particular purpose, and non-infringement. No oral or written information given by SMDigital or a representative creates any warranty.
11. Termination
We reserve the right to restrict, modify, suspend, or terminate your access to the Website, with or without cause or prior notice, at any time and without liability to you.
12. Privacy
Personal information collected on or in connection with the Website is used and processed as described in our Privacy Policy, which is incorporated by reference. By using the Website, you acknowledge that processing as described in the Privacy Policy.
13. Assignment
To the extent permitted by law, SMDigital may sell, transfer, or share some or all of our assets, including information collected from you, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.
14. Age Limitation
The Website is not intended for use by persons under 13. We do not knowingly collect information from visitors under 13, and if we learn we have, we will delete it.
15. Limitation of Liability
In no event shall SMDigital or any third parties mentioned on the Website be liable for any damages (including incidental, consequential, or other indirect damages, personal injury, lost profits, or damages from lost data or business interruption) resulting from your use of or inability to use the Website, whether based on warranty, contract, tort, or any other theory, even if advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with SMDigital is to discontinue your use of the Website. In no event will SMDigital’s total cumulative liability exceed US $100.
16. Dispute Resolution; Binding Arbitration; Class-Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.
(a) Informal resolution first. If there is any dispute arising out of or relating to the Website or these Terms (a “Dispute”), the parties shall first try in good faith to resolve it by sending written notice describing the Dispute and allowing the receiving party 30 days to respond. Notice to SMDigital shall be sent to 601 North Congress Avenue, Suite 430, Delray Beach, Florida 33445, Attn: Legal. This informal process is a condition precedent to initiating arbitration.
(b) Binding arbitration. If the Dispute is not resolved, you and SMDigital agree that it will be resolved by final and binding arbitration administered by JAMS under its rules then in effect, before one arbitrator, seated in Florida, rather than in court, except as provided in subsection (e). Other rights available in court may be unavailable or limited in arbitration, including discovery and appeal.
(c) Class-action and collective-relief waiver. You and SMDigital agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.
(d) Severability of the waiver (“blow-up”). If the class-action waiver in subsection (c) is found unenforceable as to a particular claim, that claim shall be severed and proceed in a court of competent jurisdiction, while all remaining claims proceed in arbitration.
(e) Exceptions. Either party may (i) bring an individual claim in small-claims court if it qualifies, and (ii) seek injunctive or equitable relief in court to protect intellectual-property rights. Pursuing such relief does not waive the right to arbitrate other Disputes.
(f) Delegation. The arbitrator, and not any court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of these Terms is void or voidable.
(g) Right to opt out. You may opt out of this arbitration provision by sending written notice to privacy@smdigitalpartners.com within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out will not affect any other provision of these Terms.
17. Choice of Law and Forum
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce, and any arbitration is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). Any disputes or claims not subject to arbitration shall be resolved exclusively by the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of those courts.
18. Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19. Entire Agreement; Modification
These Terms, together with the Privacy Policy and any documents incorporated by reference, constitute the entire agreement between you and SMDigital regarding the Website. We may modify these Terms at any time by updating the “Last Updated” date; your continued use after changes are posted constitutes acceptance. Material changes to the arbitration provision will not apply to a Dispute of which we have actual notice before the change.
