Terms & Conditions

Overview

This website is operated by SMTFABB.com. Throughout the site, the terms “we”, “us” and “our” refers to SMTFABB.com. SMTFABB.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available on SMTFABB.com. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and 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 the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Products and services for personal use

The products and services available on the Site, and any samples thereof we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Accuracy of information

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. The color samples should be used as a reference only in conjunction with the written descriptions. Due to the nature of color calibration, the colors on your monitor may differ from the actual product. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefor reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

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 and arrangement thereof (collectively, the Content) is the property of SMTFABB LLC. or its licensors, and is protected by United States, Canadian and international copyright laws and treaties. The trademarks, logos, and service marks displayed on the website owned by SMTFABB (collectively, the Trademarks) are the registered and unregistered marks of SMTFABB , Inc., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States, Canadian and international trademark laws and treaties. Third party trademarks displayed on the Sites are the property of the respective third party and utilized by SMTFABB pursuant to a license. Except as required under applicable law, neither the Content nor Trademarks nor any portion of the Sites may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. In the access or use of the Sites and Third Party Sites, you must comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Sites. You must always act in accordance with the law and in good faith. It is strictly prohibited to use or contact the Sites to harass or disparage SMTFABB, its personnel, products or services. No unsolicited email (spam) may be directed to or through the Sites. Users may not use the Sites in order to transmit, distribute, display, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. If you default negligently or willfully in any of the obligations set forth in these terms and conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to SMTFABB, our affiliates, partners or licensors.

Links to other sites

The Site may include links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it. SMTFABB expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.  

Termination

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You acknowledge and agree that SMTFABB shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. You may also terminate at any time by ceasing to use the Site. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from SMTFABB and any right to use the Site shall immediately cease upon termination of this Agreement. The provisions concerning feedback of SMTFABB's ownership rights, representations, and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.  

General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and us in connection with your use of the Site. The relationship between you and SMTFABB is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without SMTFABB prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, SMTFABB may assign this Agreement in whole or in part. Moreover, SMTFABB may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. This Agreement and SMTFABB’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and SMTFABB with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and SMTFABB with respect to the Site. Any rights not expressly granted herein are reserved by SMTFABB,  Please note that SMTFABB reserves the right to change the terms and conditions of this Agreement and by which the Site is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof). SMTFABB also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Site at any time. Your continued use of the Site following any such change to such Site will be deemed acceptance to be bound by any such change to this Agreement or the Site.