TERMS AND CONDITIONS
1. Your Agreement With Smudger
1.1 Choice of Law. If you are a resident of North America, your relationship is with Smudger,
a United States company, and you agree to be bound by the laws of Ohio and the laws of the
1.2 This document sets forth your legal agreement with Smudger and its agents and affiliates (collectively, “Smudger”). Your use of www.Smudger.com (hereinafter “Website”) is subject to these Terms and Conditions (the “General Terms”).
1.3 Smudger and its affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each will not be liable for any information found on this Website or any third party website accessible through links found on this Website. There are no warranties which extend beyond the information found referenced in section 9 below.
1.4 Smudger may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available at http://www.smudger.com/termsandconditionsandprivacy Your use of the Website is subject to the most current version of the Terms at the time of such use.
3. Acceptance of Terms
3.1 You may not use the Website if you do not agree to the Terms. You may accept the Terms (a) by using the website in any way, such as downloading or uploading any Materials made available via the Website by Smudger, you, or other Users, or (b) by merely browsing the Website.
3.2 Your continual use of any Service constitutes your acceptance of any changes to the Terms unless expressly stated otherwise
4. Intellectual Property
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Smudger our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Smudger, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 5 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
5. Limited License
You have permission to electronically copy and print hard copies of pages from this Website solely for personal, non-commercial purposes related to placing an order or shopping with www.smudger.com. Unless we give you written permission in advance, any other use of this Website, its content and its information, including linking or framing to this website, is strictly prohibited.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this Section 5 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this Section 5 without prejudice to any other remedy provided by applicable law.
6.Use of Website and Materials
6.1 If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
6.2Smudger uses reasonable efforts to make the Website available 24 hours a day, 7 days a week. However, there will be occasions when the website will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. Smudger will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
6.3 Smudger may modify or discontinue, temporarily or permanently, the Website or Materials, or any portion thereof, with or without notice. You agree that Smudger shall not be liable to you or anyone else if we do so.
You are responsible for paying all taxes levied in connection with your use of the Website. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees,. Your ability to access the Website may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). Smudger has no connection to or responsibility for such fees.
8. Disclaimer of Warranties
8.1 THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. SELLER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OF THE GOODS OR OF THE FITNESS OF THE GOODS FOR ANY PURPOSE, AND BUYER AGREES THAT THE GOODS ARE SOLD “AS IS.”WITH ALL FAULTS. EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, WE AND OUR CORPORATE AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS OF EACH, WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO IT. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.
8.2 SMUDGER DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR WEBSITE OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. SMUDGER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR WEBSITE. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
8.3 MANAGERS, HOSTS, PARTICIPANTS, MODERATORS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED SMUDGER SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF SMUDGER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMUDGER WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SMUDGER ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE USE, MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
8.4 SMUDGER WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY WEBSITE OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
8.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Returns and 30 day Refund Policy
Smudger offers a 100% satisfaction guarantee on all Smudger products. For information about Smudger’s return policies and 30 day refund policy, please visit www.smudger.com/returns which is incorporated herein by reference.
100% satisfaction guarantee: If you are not 100% satisfied with any Smudger purchase just send it back within 30 days of delivery for a full refund of the purchase price minus shipping. Feel free to include any feedback as we are always striving to improve. Please make sure the item is in its original condition and in the original packaging whenever possible with proof of purchase to ensure credit.
- A refund will be issued in the same form as the original payment within 30 days of receiving your return order.
- Items ordered from Smudger.com cannot be returned to physical land-based stores that sell Smudger products.
- We can only accept returns if the item was directly purchased from Smudger.com.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Resolution of Disputes
10.1 Venue. You agree that any claim or dispute you may have against Smudger must be resolved by a court located in Miami County Ohio, United States of America except as otherwise agreed by the parties, You agree to submit to the personal jurisdiction of the courts located in Miami County Ohio, United States of America when Ohio laws apply
10.2 All claims you bring against Smudger must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Smudger may recover attorneys’ fees and costs up to U.S. $1,000, provided that Smudger has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
10.3 Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Website or Materials in violation of the Terms you agree that Smudger shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
12. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
14.1 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
14.2 Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Smudger’s written consent. Smudger’s rights under the Terms are transferable by Smudger.
14.3 Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
14.4 Waiver. Any failure by Smudger to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
14.5 You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Website.