TERMS OF USE

Effective Date: September 24, 2017

1. Acceptance

We encourage you to read these Terms of Use (the “Terms”). This is a legally binding contract, even if you are just looking through smartsurfaceproducts.com (the “Site”) without registering an account or contacting us. Smart Surface Products LLC owns and operates this Site. The term “us,” “we” or “our” refers to the owner-operator. The term “you” refers to Site users. Our Privacy Policy http://www.smartsurfaceproducts.com/privacy also governs your use of the Site. If you do not agree to accept these Terms or the Privacy Policy, you must exit the Site. Note that we may revise the aforementioned documents whenever we feel it is appropriate, sometimes without prior notification. If you continue visiting our Site after we have published the revised versions, this constitutes your acceptance of the changes. If you do not agree with any changes, you must exit the Site.

2. Venue

  1. Neutral Venue. This is an e-commerce Site to sell consumer products, specifically items to protect surfaces in your home. OUR SITE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO INFORMATION AVAILABLE THROUGH OUR SITE.
  2. Third Party Services. The Site may contain links to third party services that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party website. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms of use, and you must comply with any Terms and Conditions provided by any third party network.

3. Intellectual Property

  1. Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
  2. Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to help@smartsurfaceproducts.com.

4. Your Obligations
By using this Site, you represent, warrant and agree that:

  1. You will only use the Site for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Site.
  2. You will provide a valid payment method information when necessary and pay all sums due when due.
  3. You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
  4. Our Site may contain typographical errors or other inaccuracies.
  5. Our Site content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share Site content via built-in social sharing buttons.
  6. You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
  7. You will not access our Site in order to gain a competitive advantage.
  8. We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
  9. You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
  10. You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party’s rights of privacy and publicity.

5. Remedies for Breach of These Terms

  1. We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, (iii) suspend or terminate any account on our Site (iv) moderate any content submitted to us, (v) take any other action provided for in these Terms of Use or available under equity or law.
  2. Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

6. Disclaimer of Warranty; Limitation of Liability

  1. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS”. YOU MUST NOT RELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
  2. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU

7. Return/Exchange Policy

We want you to be completely satisfied with your purchase. If you are not satisfied for any reason, our return policy allows you to send back returns-eligible merchandise within 30 days of the date you received the package for a refund of the purchase price, minus the shipping & handling. If an item is returned due to defect or error, we will refund the shipping & handling. Follow these steps to return or exchange an item:

Step 1: Complete the return form of the packing slip that came with your item. Be sure to fill in all information, including the reason for your return, and if you’d like to receive an exchange or refund.

Step 2: Repack all contents in the original packaging.

Step 3: Return using a shipping carrier of your choice.

Use ground service and insure the item for full value of the merchandise being returned. Remember to enclose the completed return form in the package. For returns, credits to a credit card or original method of payment will be applied in 1-3 business days. Depending on your bank’s processing time, it may take up to 7 days after we process the return to reflect on your account.

8. Indemnification

You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

9. Governing Law & Jurisdiction

These Terms and any action related thereto will be governed by the laws of Ohio. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by courts located in Cleveland, OH.

10. General

  1. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
  2. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
  3. Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
  4. Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
  5. No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
  6. Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.

11. Contact Us

Please submit your inquiries to help@smartsurfaceproducts.com