Effective Date: 7th day of August, 2022
By using this Site, you indicate that you have read and understand these terms & conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Waiver of Liability
Digital Financial Aid Corporation (“DFAC”), get-smart.com, and fafcsa.org concern the use of Blockchain technologies and cryptocurrency to assist people with student debt. By using the sites and by agreeing to these terms & conditions, the User confirms their understanding that this type of investment is a speculative investment which involves a high degree of risk and the potential loss of the entire investment. Buying or owning tokens is not an investment and staking tokens is solely for experimentation.
Get-Smart Tokens and DFAC NFT Achievement Badges are Know Your Customer (“KYC”) and General Data Protection Regulation (“GDPR”) compliant. As a 504(c)3 Corporation, all donations to DFAC may be tax deductible, subject to IRS regulation. It is your responsibility to determine any specific tax benefits or liabilities related to the purchase of Get-Smart Tokens.
No Fiduciary Relationship
By agreeing to these terms, you acknowledge that none of:
- The relationship between you and DFAC;
- The activities contemplated by this Agreement; or
- Any other matter,
Gives rise to any fiduciary, trustee or equitable duties on our part in your favor, even where we have better knowledge of the market generally. In particular, there are no duties that would oblige us to accept responsibilities more extensive than those set out in this agreement or which prevent or hinder us in carrying out any activities contemplated by this Agreement.
These terms & conditions DO NOT create any kind of partnership, joint venture, advisor, custodian, agency, or trustee relationship or any similar relationship between you and DFAC.
Intellectual Property
All content published and made available on our Site is the property of DFAC, Inc. and the Sites’ creators. This includes, but is not limited to images, NFTs, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent;
- Post any material that may be deemed inappropriate or offensive; or
- Participate in any form of forgery of any form of Get-Smart Tokens;
- Sell or otherwise transfer any cryptocurrency, token, NFT or award of any kind that could be deemed worthless or an intent to scam the end purchaser;
- Any uploading of any intellectual property owned by any third-party’; or
- Use the site in furtherance of any Money Laundering scheme, as defined by US law.
If we believe you are using our Site illegally or in a manner that violates these terms & conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to protect our property, including but not limited to, litigation and prevent you from accessing our Site.
User Contributions
Users may post the following information on our Site:
- Get-Smart Tokens;
- NFTs
- Photos;
- Videos;
- Public comments; and
- Images.
By posting publicly on our Site, you agree not to act illegally or violate these Terms & conditions.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these terms & conditions.
Sale of Goods & Services
These terms & conditions govern the sale of goods and services available on our Site. The following goods are available on our Site: Get-Smart Digital Tokens. The following services are available on our Site: Enabling cryptocurrency and NFT sponsorships of people in need of student debt relief. The services will be paid for in full when the services are ordered.
These terms & conditions apply to all the goods and services that are displayed on our Sites at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit;
- Direct Debit; and
- Bitcoin, Ethereum or any other cryptocurrency currently trading publicly.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these terms & conditions, we reserve the right to cancel or reverse your transaction.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these terms & conditions will not limit your legal rights and remedies under that legislation. These terms & conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms & conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms & conditions and privacy policies of these third-party websites before using these sites.
Limitation of Liability
DFAC, Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless DFAC, Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms & conditions.
Applicable Law
These terms & conditions are governed by the laws of the State of Delaware.
Dispute Resolution
Subject to any exceptions specified in these terms & conditions, if you and DFAC, Inc. are unable to resolve any dispute through informal discussion, then you and DFAC, Inc. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and DFAC, Inc. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these terms & conditions, you and DFAC, Inc. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these terms & conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these terms & conditions. All other provisions will not be affected by the removal and the rest of these terms & conditions will still be considered valid.
Changes
These terms & conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these terms & conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
