Terms and Conditions of Use Smartpods LLC
Terms & Conditions of Use: Products are intended for adults age 18 or older. To place an order you must be an adult and have the legal capacity to enter into a binding contract with us. You agree to be bound by the terms & conditions of use, and that you are aware of the applicable age in your state.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE
This website (the “Website”) is owned and operated by Smartpods LLC. (“Smartpods”) These Terms and Conditions of Use and any amendments or supplements to it and any other posted policy form a legally binding agreement (the “Agreement”) between you and Smartpods. This Agreement governs your access to and use of this Smartpods Website, any order you place through this Smartpods Website or other method of purchase, and, as applicable, your use or attempted use of the products and services offered on or available through one of the sites.
Your purchase of a Smartpods product or service and/or use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE OR USE THIS WEBSITE.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 18 BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THE MANDATORY ARBITRATION AGREEMENT, SECTION 20 BELOW DESCRIBES THE OPT-OUT PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION.
- Who is Eligible to Use the Website or Purchase a Smartpods Product or Service?
This Website is intended for adults (age 18 or older). In order to use the Website, you must be 18 years or older and have the legal capacity to enter into a binding contract with us.
2. Your Use of the Website
You must only use the Website for lawful purposes and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not (without our prior written consent):
3. copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
ii. modify, distribute or re-post any content on the Website for any purpose; or
iii. use the content of the Website for any commercial purpose whatsoever.
When using the Website, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
- not to disrupt or interfere with any other user’s enjoyment of the Website and affiliated or linked websites;
- c. not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files;
- not to use, frame or utilize framing techniques to enclose any Smartpods trademark, logo or other proprietary information (including the images found on the Website or on any Smartpods social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without the company’s written consent;
- not to reverse engineer or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- not to use meta tags or any other “hidden text” utilizing a Smartpods company name, trademark or product name without Smartpods’s written consent;
- not to deep-link to the Website without the company’s written consent;
- not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- to be bound by the company’s submission policies, including that of any product, service, or idea you submit to any Smartpods company via this site or other site wherein your submission will not be held in confidence by Smartpods and is not proprietary, that Smartpods may use the submission and any aspect thereof for any purposes in Smartpods’s sole discretion and that Smartpods owes no duties or obligations with respect to you or the submission you made; and
- to comply with all applicable laws regarding your use of the Website 4. Our Intellectual Property Rights and the Intellectual Property Rights of Others
You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Smartpods company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
5. No Warranty; Disclaimer
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMARTPODS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMARTPODS DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SMARTPODS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SMARTPODS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTPODS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. Links to third party websites
7. Product or Services available on or through the Website
Smartpods reserves the right, without notice, to discontinue products or services or modify specifications and prices on products or services without incurring any obligation to you. Smartpods takes reasonable steps in an effort to insure that the data set forth on the Website are correct, and to accurately describe and display the items available on the Website. However, when obtaining products or services, please note that Smartpods does not warrant that product or service descriptions are accurate, complete, current, or error-free. Smartpods’s descriptions of, or references to, products or services not owned by Smartpods are not intended to imply endorsement of that product, or constitute a warranty by Smartpods unless expressly stated on the Website. Notwithstanding the foregoing, in the case of a material change in the terms of an automatic renewal program that you have accepted, Smartpods will provide you with a notice of the material change and information regarding how to cancel the program.
8. Errors and Product or Service Unavailability
Prices, availability and other purchase terms are subject to change at any time and generally without notice. We make every effort to provide accurate pricing information and to insure product or service availability, however, Smartpods reserves the right to revoke any offer to correct errors, inaccuracies or omissions, including after receiving an order has been submitted, confirmed.
9. Electronic Documents and Signatures
All information communicated on the Website is considered an electronic communication. When you communicate with Smartpods through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitutes your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records or to payments or the granting of credits by other than electronic means.
10. Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SMARTPODS, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to pay for all purchase orders you place through the Website. Except where noted otherwise, the prices displayed for Smarpods products represent the full retail price listed on the product itself. All prices are quoted and payable in US dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed. Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by Smartpods at the time of your purchase, in which case Smartpods will submit your taxes and/or duties to the appropriate authority on your behalf. Smartpods shall not be responsible for failure to pay taxes or duties you owe, unless Smarpods has collected such taxes or duties at the time of the purchase.
In the event that you dispute the amount or validity of any payments made to Smartpods through this Website, you must notify Smartpods in writing, within two (2) days of payment, of any such dispute by email to Smartpods at firstname.lastname@example.org. You expressly agree that your failure to notify Smartpods of any dispute within two (2) days of payment will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by Smartpods in the event of failure to make payment.
12. Cancellation policy
Orders submitted cannot be cancelled once payment has been made.
13. Return policy
Smartpods does not accept return of any products and/or will not issue any refund of any purchases that have been made on the Smarpods website. Because of the nature of the products sold through the Website, for sanitary and health reasons, Smartpods does not accept returns of and will not issue refunds for new and unused devices.
14. Damaged, incomplete or incorrect orders
You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. Please report damaged, incorrect, or incomplete orders to us within two (2) days after receipt by email to email@example.com. If you received an order shipped from Smartpods that is damaged, incorrect, or incomplete, please contact Smartpods, no later than two (2) days after receipt to explain the problem with your order and to request a replacement of goods. Smartpods may require you to return damaged items, in which case Smartpods will pay for the cost of return shipment. Smartpods does not repair damaged devices nor does Smartpods provide spare parts for repair.
15. Product resale or other exploitation prohibited
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from Smartpods without prior written permission of an authorized representative of Smarpods. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.
You agree to indemnify and hold harmless Smartpods and all directors, officers, employees, agents, contractors, co-branders, suppliers and affiliates from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to Smartpods that is not owned by you, in contravention of this Agreement; or (iv) your breach of this Agreement.
17. Termination, Suspension, Revision of Website
You agree that Smartpods may, in its sole discretion and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that Smartpods shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification and disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Smartpods’s liability, and pre-dispute, mandatory binding arbitration and class action waiver shall survive any such termination, suspension or revision.
18. Pre-Dispute, Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
As an exception to binding arbitration, you and Smartpods both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Smartpods will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
21. Required Pre-Dispute Procedures
You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against Smartpods, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to us, including, but not limited to, information or representations related to the product or service upon which you rely. You agree to negotiate with Smartpods or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after Smartpods’s receipt of your written dispute, you agree to the dispute resolution provisions below.
22. Commencing Arbitration
You and Smartpods agree to commence any arbitration proceeding within three (3) months after the Claim arises (the three (3) month period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after three (3) months shall be barred.
23. Arbitration Location
The arbitration will be conducted in the state of Florida, USA. It may be held by telephone or through written submissions if both you and Smartpods agree.
24. Organization, Rules and the Arbitrator
The parties shall share equally the arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs and expenses, including but not limited to, those for any attorneys, experts, documents and witnesses.
The arbitrator shall follow Florida substantive law and any ordered relief shall be binding. The arbitrator may award any form of individual relief including injunctions and punitive damages. The arbitrator may award costs or fees to a prevailing party. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
This provision survives termination of your account or relationship with Smartpods’ bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e. unenforceability would allow arbitration to proceed as a class or representative action) then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the three (3) month limitation period set forth above. This provision is the entire arbitration agreement between you and Smartpods and shall not be modified except in writing by Smartpods.
Smartpods reserves the right to amend this arbitration provision at any time. Your continued use of the Smartpods Website, purchase of a product or service on or through a Smartpods website, or use or attempted use of a Smartpods product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Smartpods will provide you notice and an opportunity to opt-out. Your continued use of any Smartpods site, purchase of a product or service through any site or use or attempted use of a Smartpods product or service is affirmation of your consent to such material changes.
30. Exclusive Venue for all other Controversies
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Broward County, Florida and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
31. Smartpods Remedies
In order to prevent or limit irreparable injury to Smartpods, in the event of any breach or threatened breach by you of the provisions of this Agreement, Smartpods shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Smartpods from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
All trademarks and service marks displayed on the Website are the property of a Smartpods company or other respective owners. You may not use or display any trademarks or service marks owned by any Smartpods company without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.
34. Copyright Policy
Smartpods respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Smartpods may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Smartpods will comply with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Smartpods’s copyright agent (firstname.lastname@example.org) the following information:
35. Verification Methods & breach of Age restriction:
Smartpodsau.com holds the right to request a form of identity and the last 4 digits used of the customers credit card, to confirm that the buyer is 18 years or older and that the credit card belongs to them. This request can be made on first orders, large orders or when the compliance department deems it necessary to ensure the safety and abidance of the terms and conditions by the customer. If it is deemed that the buyer is under the age of 18, the decision to refund the under-age buyers moneys is at the discretion of the compliance department. For fraudulent orders or underage orders, they will not be refunded.
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website.
- Your address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury (e.g. notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please direct inquiries regarding any infringement issues by email to email@example.com.
WARNING: Smartpods products contains nicotine. Nicotine is an addictive chemical. Smartpods products are intended as an alternative for adult smokers.