Terms and Conditions
These terms and conditions were last revised on August 7, 2019.
We implore you to read these terms and conditions carefully before using CeallySmith.com (also referred to as “we”, “us” or “our”) website.
These terms and conditions contained herein including any legal notices and disclaimers constitute the entire and only agreement between CeallySmith.com and its website users (also referred to as “you”) and supersedes any and all prior or contemporaneous agreements, representations, warranties and all understandings with respect to the use of this website.
Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
By opting in on this website or signing up for our newsletter, you warrant that:
- The Personal Information which you provide is true, complete and accurate in all respects;
- We will be duly notified upon any changes to the Personal Information by contacting us by e-mail and/or updating your Personal Information under your Account; and
- You agree not to use a false name, a name that you are not authorized to use or to impersonate any other person or entity.
For purchases made on the website we only accept payment through PayPal, PayPal Credit and Credit Card.
User represents and warrants that payment information supplied is true, correct and complete and (ii) charges incurred by the User will be honored by User’s financial institution and (iii) User shall pay charges incurred by the User at the amounts in effect at the time incurred, including all applicable taxes. User shall be responsible for all charges incurred through the use of User’s password. User agrees to keep his or her sensitive user information such as password confidential and to notify CeallySmith.com within 24 hours of any breach of this Agreement or unauthorized use of the password. CeallySmith.com does not protect User from unauthorized use of User’s password.
We currently do not offer a refund or exchange for items purchased on our website.
The service and content from or through the service are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties or merchantability and fitness for a particular purpose). The sole and entire maximum liability of CeallySmith.com, for any reason, and user’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the user for the particular service purchased. CeallySmith.com and any of its affiliates or dealers are not liable for any indirect, special incidental, or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and user.
INTELLECTUAL PROPERTY RIGHTS
CeallySmith.com and/or its licensors own all rights to the intellectual property including copyrights, trademarks, patents and material contained in this Website, and all such rights are reserved.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us. Unauthorized use of this Website may give rise to a claim in damages and/or be a criminal offense.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
LINKS TO THIRD PARTY SITE
The linked sites are not under the control of CeallySmith.com and CeallySmith.com is not responsible for the contents of any linked site or any link contained in any linked site, or any changes or updates to such sites. CeallySmith.com is not responsible for any webcasting or any other form of transmission received from such linked site. CeallySmith.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CeallySmith.com of the site.
VARIATION OF TERMS
CeallySmith.com is permitted to revise these Terms and Conditions at any time as it deems fit, and by using this Website you are expected to review such Terms and Conditions on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
CeallySmith.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
LIMITATION OF LIABILITY
In no event shall CeallySmith.com nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and CeallySmith.com, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
The use of this website is at User’s sole risk. Neither CeallySmith.com, its affiliates nor any of their respective employees, agents, third party content providers or licensor warrants that the Website will be uninterrupted or error free, nor do they make any warranty as to the result that may be obtained from the use of this Website, or as to the accuracy, reliability or content of any information or service provided through this Website.
Users agrees to defend, indemnify and hold harmless CeallySmith.com, its affiliates and their respective directors, officers and employees and agents from and against all claims and expenses, including attorney’s fees arising out of the use of CeallySmith.com by User or User’s Account.
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
The failure by us to insist upon the performance of any of the terms and conditions herein shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
The titles to the paragraphs herein are solely for convenience and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of these terms and conditions.
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in Missouri, United States of America and you consent to exclusive jurisdiction and venue of such courts.
By visiting this website, you agree that the laws of Missouri, United States of America, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between CeallySmith.com and you, or its business partners and associates.
Any rights not expressly granted herein are reserved.