WallSmiles™ Terms of Use
Welcome to the WallSmiles™ website (the "Website"). Our products and services offered through this Website are provided to you subject
to the following terms and conditions (the “Terms”). By visiting this Website, you are agreeing to be bound by these Terms as in effect
at the time of your visit. We reserve the right to amend our Website from time to time. We will have said amended Terms posted on this
Website within a reasonable time. Please read the Terms herein carefully and if you have any questions please do not hesitate to contact
[enter contact e-mail address].
Use of Website
We hereby grant you a limited, revocable license to access and use the Website; provided, however, you shall not:
- reproduce, duplicate, copy, sell, transfer, transmit, publish or otherwise use the Website or any image, description,
listing, layout, design, trademark, logo, trade dress, copyrighted material or other content found on the Website
(“Proprietary Materials”) for any commercial purpose or any purpose that may harm, in any way, the Website and/or WallSmiles™;
- engage in any activity that interferes with the Website or another user’s ability to use the Website;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide
the Website and the services offered on the Website; or
- assist or encourage any third party in engaging in any activity prohibited by these Terms.
Any use of the Website or the Proprietary Materials that are not expressly authorized herein is prohibited and immediately
terminates the license granted herein.
Intellectual Property
Our trademarks and trade dress may not be used for any commercial or other purposes by any third party without our prior written consent.
All content included on this Website, including, but not limited to, any images, descriptions, listings, layout, design, trademarks, logos,
trade dress, and copyrighted materials are the property of WallSmiles™ or its affiliates and are protected by domestic and international
copyright, patent, trademark, trade dress and/or other intellectual property or additional laws, by this contract or notices, and by robot
exclusion headers and other technological measures. The purchase of any product does not entitle the purchaser to any intellectual
property right in the product.
Indemnification
You agree to indemnify, defend and hold WallSmiles™ and its managers, members, directors, officers and/or affiliates harmless from any
violations or alleged violations of any rights of a third party resulting from your use of this Website. You hereby agree that you will
not submit any content that may be deemed unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable. We reserve the right
to remove any content we, at our sole discretion, deem inappropriate for a general audience.
Privacy
Please review our Privacy Policy to better understand how we protect your confidential information.
Links To or From Third Party Sites
Our Website may link to other websites and some websites link to ours. We provide these links as a convenience to you, but unless
we specifically provide for in writing, we do not endorse the linked website or anything on it. If you deal with a linked website
or use their services, your transaction is not with WallSmiles™. We strongly recommend that you carefully review the linked website's
terms of use, privacy policy any other terms before using said website. We are NOT responsible for any transactions you may have with
these other websites.
Pricing and Availability
All prices are shown in United States Dollars, and are valid and effective only for products and services ordered and shipped
within the United States; taxes and shipping charges are additional. All items are subject to availability and we reserve the
right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without
notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may
be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor
programs and changes in tax rates.
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or,
in our discretion, by other method. By submitting your order, you represent and warrant that you are authorized to use the designated
card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to
that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order
may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method
information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the
time we submit it. You will have to resolve any problem we encounter in order to proceed with your order.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that
we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
Comments and Questions
Visitors to our Website may send reviews, comments, suggestions, questions and other communications to [enter contact e-mail address].
By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing
communications in any manner.
Risk of Loss
All products purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to
you upon our delivery to the carrier. We may at our sole discretion, but are not obligated to, replace any product(s) at no cost or reduced cost to you.
Limited Warranty
WE WARRANT THAT THE PRODUCTS PROVIDED ON THIS WEBSITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED.
WE ATTEMPT TO DESCRIBE THE PRODUCTS OFFERED ON THIS WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS
OR OTHER CONTENT OF THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, WE MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS INCLUDED ON THIS WEBSITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY
FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS, AT OUR SOLE DISCRETION, RETURN FOR REFUND OR A CONFORMING REPLACEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law
By visiting this Website, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, shall govern this
Terms of Use and any dispute of any sort that might arise between you and us relating to your use of this Website or the products and services
provided through this Website. You hereby consent to the sole jurisdiction of the courts of Florida, state or federal, in resolving any such disputes.
Entire Agreement; Miscellaneous
These Terms, including items incorporated into them and any (a) additional terms on this Website or otherwise provided by us for particular
activities, and (b) disclosures provided by us and consents provided by you on this Website (collectively, "Entire Agreement"), constitute
the entire agreement between us. You hereby agree that neither party has relied on any representations made by the other that are not expressly
set forth in the Entire Agreement. If any part of the Entire Agreement is found by a court of competent jurisdiction to be invalid, then that
part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of
risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our
right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries
of any part of the Entire Agreement.
Contact Us
If you have any questions, concerns, comments, suggestions or ideas to help us better serve your needs, we encourage you to contact us at:
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WallSmiles™ Terms of Use - last updated: April 19, 2009 |
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