Terms of service
TERMS OF SERVICE
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information provided in our stores is accurate, current, and complete, and that you have all necessary rights to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that product colors or appearance may differ from how they appear on your screen due to the type of device used to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as described or presented in our online stores.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Thinks Smart reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Thinks Smart confirms acceptance. We must receive and process your payment before your order can be accepted.
Review your order carefully before submitting it, as Thinks Smart may be unable to accommodate cancellation requests after order acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of purchase.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, advertised prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices published in our online stores may differ from prices offered in physical stores, online marketplaces, or stores operated by third parties. We may periodically offer promotions within the Services that affect pricing and that are governed by terms separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update account and other information, including email address, credit card numbers and expiration dates, so we can complete transactions and contact you as needed.
You represent and warrant that (i) your credit card information is true, correct, and complete, (ii) you are duly authorized to use the card for purchase, (iii) charges incurred by you will be honored by your credit card issuer, and (iv) you will pay the charges incurred at advertised prices, including shipping and handling fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery timelines are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Upon transfer of products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are property of Thinks Smart, its affiliates, or licensors, and are protected under U.S. and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or will be interpreted as granting you any license or rights under any patents, trademarks, copyrights, or other intellectual property of Thinks Smart, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted here are reserved by Thinks Smart.
The names, logos, product and service names, designs, and slogans of Thinks Smart are trademarks of Thinks Smart or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify names and trademarks are owned by Shopify. All other trademarks appearing in the Services are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools provided by third parties as part of the Services, which we do not monitor, control, or contribute to.
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 endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features within the Services (including new tools and resources). Such features will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites you choose to access. If you leave the Services to access third-party material or websites, you do so at your own risk.
We are not liable for any damages or harm relating to your access to third-party websites, or your purchase or use of any products, services, resources, or content from third-party websites. Review third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, or questions about third-party products or services should be directed to those third parties.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Thinks Smart is hosted by Shopify, which enables us to provide the Services to you. However, any sales or purchases made through our Store are strictly between you and Thinks Smart. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of purchases between you and Thinks Smart, including injuries, damages, or losses resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Thinks Smart.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services to provide and improve the Services for you. Information you submit to the Services will be transmitted and shared with Shopify, as well as third parties that may be located in countries other than your own, so we can provide services to you.
SECTION 11 – FEEDBACK
If you submit, upload, post, send by email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use.
You represent and warrant that: (i) you own or have the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received related to your Feedback; and (iii) your Feedback complies with these Terms.
We have no obligation to: (1) keep Feedback confidential; (2) provide compensation for Feedback; or (3) respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any third-party intellectual property or these Terms of Service.
You agree that your Feedback will not violate any rights of third parties, including copyrights, trademarks, privacy, personality rights, or other personal or proprietary rights; will not contain defamatory, illegal, abusive, or obscene material; nor contain any computer viruses or malware that could affect the Services or any related site. You may not use a false email address or impersonate any person or entity. You are solely responsible for any Feedback you provide. We assume no responsibility for any Feedback posted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information within the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping costs, delivery 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 is inaccurate at any time without prior notice (including after an order has been submitted).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances;
(c) to infringe upon our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to send, receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Thinks Smart, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or malicious code intended to affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track personal information of third parties;
(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(e) interfere with or circumvent security features of the Services or any related website or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain responsible for all amounts due up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that, by their nature, should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided within or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance placed on such information is strictly at your own risk. We disclaim all liability arising from reliance by you or any other visitor to the Services, or by anyone who may be informed of any content therein.
EXCEPT AS EXPRESSLY PROVIDED BY THINKS SMART, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THINKS SMART, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold Thinks Smart, its partners, officers, directors, employees, agents, contractors, licensors, and service providers harmless from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties due to or arising from (1) your violation of these Terms of Service or any referenced documents, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify you immediately does not release you from your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including attorney selection, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You must cooperate in the defense, including providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. This determination will not affect the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or regarding the Services constitute the entire agreement between you and us governing your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including previous versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements by which we provide the Services to you will be governed and construed in accordance with the courts of the federal, state, or territorial jurisdiction in which Thinks Smart is headquartered. You and Thinks Smart submit to personal jurisdiction and venue in such courts.
SECTION 22 – HEADINGS
Headings used in this Agreement are inserted for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to review our site periodically for changes. We will notify you of any material changes as required by law, and such changes will take effect on the date specified in the notice. Continued use of or access to the Services following any changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to support@thinkssmart.com.
Our contact information is listed below:
Sobreira Digital LLC
support@thinkssmart.com and +14076271628
7345 A SAND LAKE RD STE 210 OF 1071 ORLANDO FL 32819