This website is operated by smashondemand.com. Throughout this site, the terms “we”, “us” and“our”refer to smashondemand.com. Smashondemand.com offers this site, including all information, tools, and services available through this site to you – the user – conditioned upon your acceptance of all terms, conditions, policies, and notices contained in these T&C.
By visiting this site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following T&C, including those additional terms and conditions referenced on this site and/or by hyperlink. These T&C apply to all users of this site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these T&C carefully before further accessing or using this site. By accessing or using any part of this site, you agree to be bound by these T&C. If you do not agree to all the T&C on this site, then you may not appropriately further access this site or use any services available through this site. If these T&C are considered an offer by an adjudicator, acceptance is expressly limited to these T&C.
Any new features or tools, which are added to this site, also shall be subject to the T&C. You can review the most current version of the T&C by accessing this page at anytime. We reserve the right to update, change or replace any part of these T&C by posting updates and/or changes to this site. It is your responsibility to check this page periodically for changes. Your continued access or use of this site following the posting of any changes constitutes acceptance of all such changes.
This site is hosted on a third-party platform. It provides us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these T&C, you represent that you are at least 18 years old and that you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of this site, violate any laws applicable in your jurisdiction (including but not limited to copyright law).
By purchasing and/or using our products, you voluntarily agree to resolve any dispute, claim or action you may have related to smashondemand.com or arising from the use of any smashondemand.com product or service, regardless of the type or nature of such dispute, claim or action, by submitting the dispute, claim or action to binding arbitration in the State of Texas before a duly appointed arbitrator in accordance with the rules of the National Arbitration Forum then in effect. You hereby expressly agree to binding arbitration in the State of Texas of any such dispute, claim or action. You hereby agree that your purchase and use of our products or services through this or any partner site shall be conclusive evidence of your express waiver of any right you may have to resolve any such dispute, claim or action by submitting it to a court of law.In the context of this site, you must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of these T&C will result in an immediate termination of our business relationship with you.
For online orders, we accept payment by Visa, Mastercard, American Express and PayPal. If a payment is not successfully settled due to invalid payment method, declined credit, expiration, insufficient funds, or otherwise, we reserve the right to cancel your order. Orders are shipped only after the receipt of full payment. These T&C, including, without limitation, the provisions regarding limitation of liability and indemnification, apply with respect to payment methods and payment processing, and smashondemand.com is not responsible for any charges, errors, or losses that may result from any payment method used by you for the purchase of our products or services.
SHIPPING AND DELIVERY
Currently, we offer ground, two-day and next-day-air shipping services using the United States Postal Service and UPS. Shipping and delivery terms may change from time to time. Additional notices and updates regarding shipping and delivery terms applicable to specific products may be listed on this site.
Unless otherwise expressly agreed to in writing, any delivery date requested or provided is an estimate only. Smashondemand.com is not responsible for delays or for non-performance resulting from causes beyond its reasonable control, including, without limitation, laws, rules, regulations, or acts of any government, embargoes, blockades, armed conflict, terrorism, labor disputes, delays of carriers or suppliers, shortages of material, accidents, fires, floods, weather conditions, and any acts of God.
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit-card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to this site.
HEALTH AND MEDICAL INFORMATION DISCLAIMER
This website contains general information and content about certain aspects of health. This information and content is not advice (medical or otherwise) and should not be relied on as such. The contents of this site are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition.
THE GENERAL INFORMATION AND CONTENT ON THIS SITE IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Smashondemand.com MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RELATION TO ANY HEALTH INFORMATION ON THIS SITE.
You must not rely on the information on this site as an alternative to medical advice from your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek medical attention.You never should delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided on this site, as this information is not intended to be a substitute for medical diagnosis, advice, or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any nutritional, herbal, or homeopathic supplement, you should consult with your doctor or other healthcare provider before doing so. Information and statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Neither smashondemand.com nor its representatives are providing any medical advice, and none should be inferred from any ideas, suggestions, testimonials or other information set forth on this site. All the information on this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and smashondemand.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is no longer accurate or complete.
Prices for our products and services are subject to change without notice.We reserve the right at any time to modify or discontinue any product or service (or any part thereof) without notice at any time.We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any products or services offered through this site.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through this site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colors and images of our products that appear on this site. We cannot guarantee that your computer monitor’s display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice and at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through this site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.For more detail, please review our Returns Policy.
We may provide you with access to third-party tools, which we neither monitor nor have any input in or control over.You acknowledge and agree that we provide access to such tools “as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools.Any use by you of such tools referenced through this site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through this site (including the release of new tools and resources). Such new features and/or services also shall be subject to these T&C.
Certain content, products, and services available via this site may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party products or services or sites.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property rights or these T&C.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of this site or any related site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make, including their accuracy. We take no responsibility and assume no liability for any comments posted by you or by any third party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on this site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this site or on any related site is inaccurate at any time and without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on this site or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this site or on any related site should be taken to indicate that all information on this site or on any related site has been modified or updated.
In addition to other prohibitions as set forth in these T&C, you are prohibited from using this site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this site or of any related site, other sites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this site or any related site, other sites, or the Internet. We reserve the right to terminate our relationship with you and to terminate your authority to use this site and relevant third-party sites for violating any of the above-prohibited uses.
INTELLECTUAL PROPERTY RIGHTS
This site and its contents, features, and functionality (including, but not limited to, all information, source code, applications data, software, text, displays, images, videos, and audio, and the design, selection, and arrangement thereof) are owned by smashondemand.com, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and court decisions.
These T&C permit you to use this site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this site in breach of the T&C, your right to use this site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made or that are in your possession. You have no right, title or interest in or to this site or any of its content merely by virtue of accessing this site, and all rights not expressly granted to you through these T&C are reserved by smashondemand.com. Any use of this site not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws.
The smashondemand.com name and logo, as well as all related names, logos, product and service names, designs, and slogans, are trademarks of smashondemand.com or our affiliates or licensors. You must not use such marks without the prior written permission of smashondemand.com. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of this site will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of this site will be accurate or reliable.You agree that from time to time we may take this site offline for indefinite periods of time or shut down this site at any time and without notice to you.You expressly agree that your use of, or inability to use, this site is at your sole risk. The service and all products and services delivered to you through this site are (except as expressly stated by us) provided “as-is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall smashondemand.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this site or for any other claim related in any way to your use of this site, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of your use of this site, even if advised of such possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF smashondemand.com, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO [OUR NAME] FOR THE APPLICABLE PRODUCT(S) OR SERVICES OUT OF WHICH SUCH LIABILITY AROSE.
You agree to indemnify, defend, and hold harmless smashondemand.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any thirdparty due to or arising out of your breach of these T&C or the documents they incorporate by reference or your violation of any law or the rights of a thirdparty.
In the event that any provision of these T&C is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these T&C, and such determination shall not affect the validity and enforce ability of the remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These T&C are effective unless and until terminated by either you or us. You may terminate these T&C at any time by notifying us that you have ceased using our site and that you shall not use it again.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these T&C, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we may deny you access to this site.
The failure of us to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision.These T&C and any policies or operating rules posted by us on this site or constitutes the entire agreement and understanding between you and us and govern your use of this site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these T&C). Any ambiguities in the interpretation of these T&C shall not be construed against the drafting party.
These T&C and any separate agreements between us shall be governed by and construed in accordance with the law of Texas.
CHANGES TO T&C
You can review the most current version of these T&C at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these T&C by posting updates and changes to this site. It is your responsibility to check this site periodically for changes. Your continued use of or access to this site following the posting of any changes to these T&C constitutes acceptance of any such changes.
The headings used in this agreement are included for convenience of reference only and will not limit or otherwise affect these T&C.
Any question or concern, please contact us at firstname.lastname@example.org