Terms of Use
Last Updated: 4/9/2026
Welcome to https://www.smartchoiceusa.com/ (the “Site”). Smart Choice USA, LLC (“Smart Choice,” “we” or “us”) provides the Site, including all content, features, and functionality, for your personal use subject to these Terms of Use (the “Terms”).
PLEASE READ THESE TERMS CAREFULLY. BY VISITING THE SITE, YOU ARE ENTERING INTO A BINDING CONTRACT WITH US IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.
THESE TERMS CONTAIN A MANDATORY MUTUAL ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). UNDER THE ARBITRATION AGREEMENT, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES BETWEEN YOU AND US BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT YOU ARE GIVING UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MASS ARBITRATION, THE RIGHT TO A COURT PROCEEDING, AND THE RIGHT TO A JURY TRIAL.
1. AGE REQUIREMENT
You must be at least 18 years old or the age of majority where you live to use the Site. If you are not, your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site with their permission.
2. COOKIES, PIXELS AND OTHER TRACKING TECHNOLOGIES (ADTECH)
We use cookies, pixels, and other tracking technologies (“AdTech”) on our Site. We use AdTech to collect and perform data analytics, to record how you interact with the Site and our content, and to serve you targeted advertisements. By visiting and using our Site, you consent to our use of AdTech and understand and agree that we may share personal information collected through AdTech with our third party advertising and analytics partners.
For more information, please see our Privacy Policy.
3. PRIVACY
We may collect certain personal information from or about you when you use our Site or otherwise interact with us. To learn more about how we collect, use, disclose, and secure your personal information, please see our Privacy Policy.
4. ACCEPTABLE USE
When you access or use the Site, you agree that you will not:
A. Use the Site in any way that violates applicable federal, state, local, or international law or regulation.
B. Impersonate any person or entity or otherwise misrepresent your identity.
C. Infringe or misappropriate the intellectual property rights of Smart Choice or any third party.
D. Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Site or harms Smart Choice or other users.
E. Disable, overburden, damage, or impair the Site in any manner.
F. Access the Site using any robot, spider, crawler, scraper, extraction software, or other automated or manual process to copy or monitor content.
G. Introduce viruses, trojan horses, worms, logic bombs, or other malicious or harmful material.
H. Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site, servers, or networks.
I. Circumvent any technological measures that restrict access to the Site.
J. Harass, intimidate, threaten, or annoy Smart Choice employees, agents, customers, or third parties.
K. Copy, distribute, modify, reproduce, resell, or create derivative works from the Site or its content for commercial purposes or to create a competing business.
5. CHANGES TO THE TERMS
We may revise and update these Terms from time to time in our sole discretion. We encourage you to review these Terms regularly. All changes are effective immediately when we post them. By continuing to use the Site, you agree that you accept those changes. For clarity, material changes will not apply retroactively to disputes that arose prior to posting.
We will take reasonable efforts to provide notice of material changes to these Terms, which may include posting a notice on the Site or sending notices via email or through another means of communication.
6. ELECTRONIC COMMUNICATIONS/AGREEMENT
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notice, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that these Terms serve as a writing as defined by law. You acknowledge that you have the capacity to print out these Terms and store the same for record keeping purposes and waive any claim under the statute of frauds or any similar statute that would block enforceability or admissibility of these Terms for failure to meet the requirement of a "writing."
7. OWNERSHIP OF THE SITE
Smart Choice or its licensors own the Site and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, drawings, designs, software applications, video and audio, photographs, graphics, messages, postings, files, documents, and other materials and its design, selection, and arrangement) (“Contents”). The Site and its Contents are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Smart Choice or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
8. COPYRIGHTS AND TRADEMARKS
The Site is a copyrighted collective work and incorporates separately copyrighted literary works (including works written in markup language and other works of computer software), musical works, pictorial and graphic works, audiovisual works, and sound recordings. The copyrights in all of these works are owned by Smart Choice USA, LLC, Smart Choice’s parent company, or Smart Choice’s suppliers and other third parties and licensed to Smart Choice. All such works are protected by United States and international copyright law.
Smart Choice vigorously enforces its copyrights, trademarks, and other intellectual property. Any use of the Site or any of the works incorporated into the Site other than for personal, noncommercial use, or as otherwise expressly permitted by the copyright statute, will be deemed a willful infringement of Smart Choice’s rights, and will subject you to liability for damages, statutory damages, and/or attorneys’ fees.
9. ERRORS, INACCURACIES AND OUTAGES
We attempt to ensure that information on the Site is complete, accurate and up-to-date. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out-of-date. We make no representation as to the completeness, accuracy, or currency of any information on the Site.
We try to keep the Site up and running and available to you. However, the Site may experience outages for a variety of reasons. You agree that we are not responsible for any damages or loss caused by any outages, delays, or other failures of the Site.
10. ORDERS AND PRODUCTS
We do not sell our products directly. If you purchase our products through a third party supplier such as Amazon, payment, shipping, and returns are subject to that third party’s applicable terms and conditions.
11. DISCLAIMERS
THE SITE AND ITS CONTENTS ARE PROVIDED BY SMART CHOICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMART CHOICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR ITS CONTENTS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
WE DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE THAT MAY INFECT OR AFFECT, YOUR COMPUTER, DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE, LINKING TO A THIRD PARTY SITE, OR YOUR DOWNLOADING OF ANY MATERIALS OR INFORMATION FROM THE SITE AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE UNLAWFUL, MALICIOUS, NEGLIGENT OR WRONGFUL CONDUCT OF THIRD PARTIES.
SMART CHOICE PRODUCTS MAY BE SUBJECT TO CERTAIN WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SMART CHOICE HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SMART CHOICE PRODUCTS.
12. LIMITATIONS OF LIABILITY
IN NO EVENT WILL SMART CHOICE OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, OR VENDORS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF THE SITE OR THE CONTENTS CONTAINED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, OR ANY MATERIAL OR CONTENTS ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SMART CHOICE.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO (i) CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR (ii) DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.
13. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
****IMPORTANT, PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SMART CHOICE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Class Action and Jury Trial Waiver
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action, class arbitration, or a consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
About Arbitration
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
Arbitration Agreement
Except as otherwise provided, any controversy, dispute or claim arising from these Terms, your visit to the Site or the use of Smart Choice products will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). You hereby waive any right to have any such controversy, claim or dispute litigated in a court.
The arbitration will be administered pursuant to the AAA Consumer Arbitration and Mediation Rules in effect at the time the AAA’s administrative filing requirements are satisfied (the “AAA Consumer Rules”). The AAA Consumer Rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
There are some exceptions to this mandatory arbitration provision. Specifically, either party may assert claims in small claims court if the claims qualify. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Claims shall be heard by a single arbitrator.
Any arbitration will occur in a manner determined in accordance with the AAA Consumer Rules, including with respect to the locale and hearing format (which may include in-person, telephone/video, or written submissions), provided that the proceeding must be reasonably accessible to you.
If the amount of the claim is for $25,000.00 or less, the dispute will be submitted to the arbitrator based only on written submissions unless otherwise determined pursuant to the AAA Consumer Rules. For the avoidance of doubt, the foregoing does not prohibit or otherwise restrict you from requesting a hearing for any claim regardless of the amount of the claim. Any such request will be decided by the arbitrator under the AAA Consumer Rules.
You may be represented by counsel or another person of your choosing.
Opting Out of Arbitration
If you do not want to be bound by this agreement to arbitrate, you may opt-out. If you wish to opt-out of the agreement to arbitrate, you must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to the address below within 45 days of the effective date of these Terms or the date you first access or use the Site, whichever is later.
Smart Choice USA, LLC
P.O. Box 4430
Jackson, WY 83001
​
How to Start an Arbitration Proceeding
You may initiate arbitration by filing a Demand for Arbitration with the AAA in accordance with the AAA Consumer Rules.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Consumer Rules and the AAA Consumer Arbitration Fee Schedule, including the cap on consumer administrative filing fees.
Federal Arbitration Act
This agreement to arbitrate shall be governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (“FAA”), and not by state law. This agreement to arbitrate is intended to be interpreted broadly pursuant to the FAA.
14. APPLICABLE LAW
The laws of the state of Wyoming, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Smart Choice.
15. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise provided in these Terms, there shall be no third-party beneficiaries to these Terms.
16. INDEMNITY
You agree to indemnify and hold Smart Choice and its affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or your violation of these Terms.
17. LINKS
Smart Choice may provide, or third parties may provide, links to other Internet sites or resources. You acknowledge and agree that Smart Choice is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Smart Choice shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
18. FEEDBACK AND SUGGESTIONS
A. FEEDBACK. We are always pleased to receive input from our customers and welcome your comments and feedback. If you provide Smart Choice any suggestions, recommended changes, comments, questions, suggestions, or the like regarding the Site or Smart Choice’s products (“Feedback”), Smart Choice is free to use the Feedback for any lawful purpose, without any attribution or compensation.
B. NEW PRODUCT SUGGESTIONS. We do not accept or consider new products, engineering drawings, advertisements, creative ideas, suggestions, or materials other than ideas that we have, in writing, specifically requested. Please do not submit any unsolicited inventions, creative suggestions, ideas, notes, drawings, concepts, or other similar information (“Suggestions”). You agree that any such unsolicited Suggestions shall become, and will forever remain, Smart Choice’s property. Smart Choice has the sole right to destroy any such unsolicited Suggestions and Smart Choice will not be under any obligation to return any such unsolicited Suggestions. No submission of any unsolicited Suggestion will be subject to any obligation of confidence on Smart Choice’s part and Smart Choice shall not be liable in any way for any use or disclosure of any such unsolicited Suggestion. Smart Choice shall exclusively own all now-known or future existing intellectual property rights to any unsolicited Suggestion of every kind and nature submitted to it, and shall be entitled to unrestricted use of such unsolicited Suggestion for any purpose whatsoever, commercial or otherwise, without any consideration being owed or due to you. The disclosure, submission or offer of any unsolicited Suggestions or other similar information by you will constitute an assignment to Smart Choice of all worldwide rights, title, interest, and goodwill in the unsolicited Suggestions without payment of any compensation. Notwithstanding the foregoing, unsolicited Suggestions must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material.
19. TERMINATION OF USE
Smart Choice reserves the right to suspend, restrict or terminate all or a portion of the Site or your access to or use of the Site at any time, without prior notice.
Smart Choice reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
20. MISCELLANEOUS
A. SWEEPSTAKES, CONTESTS AND OTHER PROMOTIONS. From time to time, we may conduct promotions and other activities on, through or in connection with our products (“Promotion”). Each Promotion may have additional terms and/or rules or eligibility requirements which will be posted or otherwise made available to you in accordance with applicable law.
B. NO WAIVER. No waiver by Smart Choice of any term or condition set forth in these Terms shall be deemed a waiver of such term or condition or any other term or condition, and any failure of Smart Choice to assert a right under these Terms shall not constitute a waiver of such right.
C. SEVERABILITY. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
D. HEADINGS. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.
E. ASSIGNMENT. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion.
F. SURVIVAL. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms.
G. ENTIRE AGREEMENT. These Terms and our Additional Terms constitute the sole and entire agreement between you and Smart Choice with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
21. CONTACT US
If you have any questions or concerns, including about these Terms, please contact us using the information below.
Smart Choice USA, LLC
P.O. Box 4430
Jackson, WY 83001
307-231-7479
CustomerService@smartchoiceusa.com