Terms of Service

Welcome
Thanks for your interest in SMARTLeads. Save time on lead generation with this subscription designed to give seasoned or brand new hotel teams a competitive edge in the market. Get custom leads delivered monthly along with a virtual assistant who provides expert tips, personalized call scripts, email templates, and an engagement plan. Convert prospects into guests and achieve better results with SMARTleads.

Agreement to Terms
These terms of use constitute a legally binding agreement made between you, whether personally, or on behalf of an entity (“you), and Jacaruso Enterprises, Inc. (“Company”, “we”, “us” or “our”) concerning access to and the use of https://jacaruso.com/smartleads/ website as well as other media form, media channel, mobile website linked, or otherwise connected to the “Site”.

You agree by accessing the Site, you have read, understood and agreed to be bound by all these Terms of Use.

Pricing
You agree to purchase Jacaruso products and services at the current published price.  Your SMARTLeads subscription will be accessible to you following the execution of this agreement, upon the receipt of payment.

Payment Terms and Schedule

Our service requires a 90-day minimum commitment. Cancellation by either party is permitted after this time.  A written notice 30 days prior to the termination date is required to avoid any financial penalties and/or fees associated.

• Service is billed as a monthly recurring fee.
• All payments must be submitted electronically using the JE AutoPay System.
• Payment must be remitted via ACH debit or credit card. Jacaruso Enterprises, Inc. does not accept paper check as a valid payment method.
• Prior to your start date, you will be billed for the first month’s service fee.
• You will be billed each month on the first Monday of every month.
• Jacaruso Enterprises may implement a yearly price increase of 3%.

Purchases and Payment
We accept the following forms of payment:

-Visa
-Mastercard
-American Express
-Discover

You agree to provide current, complete and accurate purchase and account information for all purchases made on jacaruso.com. Sales tax will be added to the price of all purchases. We may change prices at any time. All payments must be in US dollars.

You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to overdraft, insufficient funds and over-the-credit limit fees.

We reserve the right to refuse any order placed on the Site.

Refunds / Return Policy
All sales are final. All products and services are sold as is. If you have any questions concerning our return policy, please contact us at estore@jacaruso.com.

Privacy Considerations
Your communications on this system are, in most cases, viewed only by you.  However, as system operators, we may need to review or monitor your communications from time to time.  In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system.  Therefore, you should not expect to have a right to privacy in any of your communications.

Proprietary Rights
Jacaruso Enterprises, Inc. owns the intellectual property rights to any and all protectable components of our SMARTLeads service, including but not limited to the related documentation, the end-user interfaces, the name of our product, many of the individual features, and the collective works consisting of sequences of all public messages on our system.  You may not reproduce any sequence of messages from our product, either electronically or in print, without our permission.  In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the product that we or our suppliers own.

Limitation of Liability
You must bear the risk of any liability relating to your use of our product.  We will not be responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our product, you use thereof or any of the data or other materials transmitted through our residing on our system, regardless of the type of claim or the nature of the cause of action, even if we have advised of the possibility of such damage or loss.

Indemnity
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

Disclaimers of Warranty
The product is provided “as is” and we make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.

Class Action and Jury Waiver; Choice of Law and Venue
By agreeing to purchase SMARTLeads subscription, both you and Jacaruso Enterprises, Inc., including all of its affiliates and subsidiaries, agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Jacaruso Enterprises agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Further, both you and Jacaruso Enterprises hereby waive any right to a trial by jury and agree than any claims brought in any lawsuit will be decided through a bench trial before a single judge.

By agreeing to purchase SMARTLeads service, both you and Jacaruso Enterprises agree that in any legal proceeding the substantive and procedural law of the State of Texas shall apply, except where federal law applies, in which case the law of the Fifth Circuit Court of Appeals shall apply. Both you and Jacaruso Enterprises further agree that any claims against the other must be brought in the state or federal courts located in Austin, Texas.

Restriction on Hiring Jacaruso Employees
Jacaruso Enterprises has made a substantial investment in recruiting and training its employees. By agreeing to purchase SMARTLeads service, you are acknowledging that all Jacaruso Enterprises employees have restrictive covenant agreements that prohibit them from working for you directly absent Jacaruso Enterprise’s express, written approval. Accordingly, you agree that you will not directly or indirectly hire or otherwise engage any Jacaruso Enterprises employee during the employee’s restricted period. In the event of a breach of this provision, Jacaruso Enterprises will be entitled to any and all remedies available to it at law, and will specifically be entitled to its attorneys’ fees and costs associated with pursuing those remedies.

Contact Us
In order to resolve a complaint regarding Jacaruso products, services, or the Site, or to receive further information regarding the use of the Site, please contact us at:

Jacaruso Enterprises, Inc.
405 County Road 135
Hutto, TX 78634
United States
(888) 362-7620
estore@jacaruso.com