SMC
Online -
Terms of Use
The
use of the smc-corp.com website (this "Website") and the sale
of products and services offered on this Website are governed
by the terms and conditions set forth below and all other
disclaimers, guidelines, policies and terms and conditions of
sale appearing on this Website (collectively, the "Terms and
Conditions"). Your use of this Website in any manner, whether
browsing, activating an account with us or making a purchase,
constitutes your acknowledgement that you have read the Terms
and Conditions and that you agree to follow and be bound by
them. SMC reserves the right to modify or change the Terms
and Conditions at any time without prior notice to you.
Therefore, we recommend that you please read them carefully
each time you use this Website.
Usage Restrictions
You may access
and view the Content (as defined below) appearing on this
Website for personal, non-commercial use only. You may
download and/or copy certain portions of the Content for
personal, non-commercial use only, provided that you (a)
retain all copyright, trademark or other proprietary notices
contained on the Content, (b) do not modify or alter the
Content in any way and (c) do not make the Content available
to any third party. SMC reserves complete title and full
intellectual property rights in any Content that you download
from this Website.
You agree to use this Website only for lawful purposes. The
following activities are strictly prohibited: (i)
misrepresenting the identity of a user; (ii) tampering with
this Website; and (iii) conducting fraudulent activities.
Privacy Policy
SMC use of personal information that you may submit to SMC
through this Website is governed by the SMC Customer
Information Privacy Policy. Please see
Privacy Policy.
Proprietary Rights
The SMC logos and trademarks, as well as other marks, trade
names, trademarks and logos on this Website, are the
properties of their respective owners. You may not use,
reproduce, copy or manipulate such logos in any manner
without the prior written consent of the owner.
The entire contents of this Website, including text, images,
music, sound, photographs, video, illustrations, icons,
graphics, headers, data, information and software
(collectively, "Content") are subject to copyright,
trademark, or other proprietary rights or licenses held by
SMC or a SMC affiliate or by third parties who have licensed
their rights to SMC. All Content is copyrighted as a
collective work under the U.S. and international copyright
laws and SMC owns, to the fullest extent allowed by such law,
the copyright in the arrangement, coordination, enhancement
and selection of such Content or this Website. Except as
provided above, you may not make copy, modify or create
derivative works of the Content. In addition, you may not
distribute, publish, transmit, reuse, repost, "and frame" the
Content in any manner or sell or attempt to sell the Content.
Modification of Content
SMC attempts to ensure that the Content on this Website is
complete and current. As indicated in the DISCLAIMERS set
forth below, SMC does not guarantee that the information
contained on this Website will not contain errors,
inaccuracies or omissions. Such errors, inaccuracies or
omissions may relate to price or to product description or
availability. SMC reserves the right to correct any error,
inaccuracy or omission or to change or update the Content
without prior notice to you. Further, SMC reserves the right
to refuse or cancel any orders containing any error,
inaccuracy or omission, whether or not the order has been
submitted, confirmed and/or your credit card has been
charged. If your credit card has been charged for the
purchase and your order is canceled, SMC shall promptly issue
a credit to your credit card. If you are otherwise
unsatisfied with your purchase, you may return it to SMC.
Placing an Order
At this time, SMC ships merchandise only to locations within
the continental United States, Alaska and Hawaii and not to
international locations.
You may purchase merchandise from this Website by using any
major credit card limited to Visa, Mastercard, Discover and
American Express. SMC reserves the right to change its
payment procedures at any time without prior notice to you.
SMC charges sales tax for merchandise ordered on this Website
based on the applicable state sales tax rate and the location
to which the order is being shipped.
Once your order is submitted to us, we cannot change or
cancel an order until your merchandise is received by you.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO,
ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE
PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN
RISK. SMC DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL
WARRANTIES AND LIABILITIES OF SMC, WHETHER EXPRESS OR
IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH
RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE,
INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B)
IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT
(INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU
ACKNOWLEDGE THAT SMC DOES NOT REPRESENT OR WARRANT THAT THIS
WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS
WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE
FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM
VIRUSES OR OTHER HARMFUL COMPONENTS.
SMC DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS
OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE
OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR
THROUGH THIS WEBSITE. SMC DOES NOT MAKE ANY REPRESENTATION
THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR
USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
SMC reserves the right to refuse or cancel any orders placed
for products and/or services for which the sale or use of
such products and/or services in your state is restricted or
prohibited.
To properly serve all customers, SMC reserves the right to
limit quantities. SMC further reserves the right to cancel
multiple orders of this item purchased by the same SMC user
and/or shipped to the same delivery address.
SMC may display advertising prints for products sold through
this Website. SMC attempts to display the colors of the
products shown on this Website as accurately as possible.
However, we cannot guarantee that the color you see matches
the product color, as the display of color depends, in part,
upon the type of computer monitor used by you.
Limitation of Liability
IN NO EVENT SHALL SMC, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE
LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY
OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN
CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF
USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF
SMC OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE
AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS
WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SMC TOTAL
LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS
($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN
WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Enforcement
By accessing and using this Website, you agree that your
access and use of this Website is subject to the Terms and
Conditions, and all applicable laws, as governed by the laws
of the State of Texas, without giving effect to any
principles or conflicts of laws.
Links to Third Party Websites
This Website may contain links to other sites that are
neither owned nor operated by SMC (although some such sites
may have an affiliation with SMC) (collectively, "Third Party
Sites"). Such links are provided for your convenience only.
SMC makes no representations whatsoever about any Third Party
Sites which you may access through this Website, as SMC has
no control over the content appearing on such Third Party
Sites. Moreover, a link to a Third Party Site does not imply
and does not constitute sponsorship, endorsement, approval or
responsibility for the content on, or the use of, such Third
Party Site. No rights to use or copy the information on this
Website or the Third Party Site is granted or implied. Please
Note: The privacy policies applicable to Third party Sites
may differ significantly from SMC Customer Information
Privacy Policy. You are encouraged to review the applicable
privacy policies of such Third Party Sites.
Miscellaneous
The Terms and Conditions constitute the entire agreement
between you and SMC with respect to this Website. The Terms
and Conditions supercede all prior or contemporaneous
communications and proposals, whether electronic, oral or
written between you and SMC with respect to this Website. No
modification of the Terms and Conditions shall be effective
unless it is authorized by SMC. If any provision of the Terms
and Conditions is found to be contrary to law, then such
provision(s) shall be constructed in a manner to closely
reflect, as much as possible, the intentions of the parties,
with the other provisions remaining in full force and effect.
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