Updated February 12, 2023
This website (the “Site”) is operated by SME Contracts, LLC. Throughout the site, the terms “we”, “us” and “our” refer to SME Contracts, LLC. SME Contracts, LLC offers this Site, 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 by hyperlink. 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 the Site. 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 Site 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 the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1. 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 or services 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.
Section 2. General Conditions
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3. 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 our site. You agree that it is your responsibility to monitor changes to our site.
Section 4. Modifications to the Services and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5. Products or Services (if applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy here.
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 services, products, products pricing or service pricing are subject to change at anytime without notice, at the sole discretion of us. 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 in the Service will be corrected.
Section 6. 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 name, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that 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 at our store. 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.
Section 7. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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 optional third-party tools.
Any use by you of optional tools offered through the 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 the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8. Third-Party Links
Certain content, products and services available via our Service 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 the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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 websites. 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.
Section 9. 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 the Service or any related website. You may not use a false e-mail 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 and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10. Personal Information
Section 11. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the 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 the Service or of any related website, other websites, 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 the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13. Intellectual Property
All content contained on the Site (collectively “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Site is our exclusive property, protected United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Site are proprietary to us or our licensors or licensees or other providers of such material. Our Marks may not be used in connection with any product or service that is not ours or in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We granted you a limited license to access and make personal use of the Site. No Content of the Site or any other Internet site owned, operated, licensed or controlled by us may be uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Site. Your use of Content on any other Site or computer environment is strictly prohibited.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SME Contracts, LLC, its 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. When we provide social media features with certain content, you may take such actions as are enabled by such features.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Site or any Content; collect and use any product listings, descriptions or prices; make any derivative use of the Site or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or proprietary information, or use any meta tags or other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable and non-exclusive right to hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SME Contracts, LLC at any time.
Section 14. Disclaimer of Warranties; Limitation on Liability
The content of the Site, Service and any other products or services are provided “as is” and without warranty of any kind, express or implied, to the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available or otherwise related in any way to the Site, including without limitation, any third party site or service linked to from the Site (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of any of the information, content or materials (including without limitation, credit card and other personal information) that you may be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
The Site and any products/services contained thereon are not substitutes for the advice and treatment of a licensed healthcare professional. Not all products and services are suited for everyone. The creators of any products/services sold on the Site do not assume, and shall not have any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action following the information provided within or through the Site. If you have specific concerns or are in a situation where you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice because of the information offered or provided within or through the Site.
You agree that by using any products or services, you do so entirely at your own risk. You agree that you are voluntarily purchasing products or services, participating in recommended activities and using this Site and assume all risks of injury, illness or death.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. In no case shall SME Contracts, LLC, or any employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors of or associated with SME Contracts, LLC 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or 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.
Section 15. Limitation of Liability
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, incidental, special or consequential damages (including loss of profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from (A) the use of, or any inability to use the Site or any content or functions thereof; or (B) any act or omission, online or offline, of any user of the Site or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory or liability in contract, tort (including but not limited to, negligence) or otherwise exceed the amount paid by you, if any, for the right to access or participate in any activity related to the Site, products, or services or $100.00.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other causes beyond our or their control, including without limitation, acts of God, war, equipment and technical failure, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Neither we nor any indemnified party is responsible or liable for (a) any incompatibility between the Site and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the Site or any products or services sold on the Site.
Section 16. Indemnification
You agree to indemnify, defend and hold harmless SME Contracts, LLC and our affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 17. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 18. Arbitration, Notice and Class Action Waiver
At SME Contracts, LLC’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Section 19. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 accordingly may deny you access to our Services (or any part thereof).
Section 20. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 21. Governing Law
SME Contracts, LLC is a Pennsylvania limited liability company. All matters relating to the Site, the Program, and these Terms and any dispute arising from or related to the Site (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the international laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, related to, these Terms or the Site shall be instituted exclusively in the Courts of the State of Pennsylvania. You hereby consent to the exclusive jurisdiction and venue of State Courts of the State of Pennsylvania for the resolution of all disputes arising out of or relating to the use of this Site, Program and/or Terms and the associated services. You waive any and all objections to the exercise of jurisdiction over you by such Courts and to venue in such Courts.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania, United States.
Section 22. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 23. Contact Information
Questions about the Terms of Service can be sent to us at firstname.lastname@example.org