Terms and Conditions
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES
All the content on this site is Copyright Get Smart Apparel All rights reserved.
Website Usage Restrictions
You may access and view the content appearing on this Website for personal, non-commercial use only! You may download and/or copy portions of the content for personal, non-commercial use only, provided that 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 content available to any third party. Get Smart Apparel 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 are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Links to Third Party Sites
Please understand that when you access another web site through this one, Get Smart Apparel can accept no responsibility for your experience with the site. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.
Communications with Get Smart Apparel
We welcome your comments regarding this site. However; comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Get Smart Apparel will be treated as non-confidential and nonproprietary. All communications to Get Smart Apparel become the exclusive property of Get Smart Apparel and you agree that by transmitting any communication you relinquish all rights and interests in same. Get Smart Apparel shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Get Smart Apparel shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore; Get Smart Apparel discourages you from transmitting information that you do not wish to assign to Get Smart Apparel, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Get Smart Apparel may copy all or part of your communication in any response(s) it makes to you.
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Get Smart Apparel LLC, or 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 but not limited to 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 Get Smart Apparel or a Get Smart Apparel affiliate or by third parties who have licensed their rights to Get Smart Apparel. All content is copyrighted as a collective work under the U.S. and international copyright laws and Get Smart Apparel 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 in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
Get Smart Apparel is working hard to ensure that the information provided on the Get Smart Apparel site or in any Get Smart Apparel catalog or advertisements are accurate and up-to-date, but due to the risk that the information may be compromised by software or procedural errors, Get Smart Apparel does not guarantee the accuracy or completeness of the information provided on this site or in any Get Smart Apparel catalog or advertisement. Get Smart Apparel reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
Get Smart Apparel does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any Get Smart Apparel catalog or advertisement, including any advice or other similar information obtained by you from us though this Website or in any Get Smart Apparel catalog or advertisement. Get Smart Apparel makes no representation that the content provided in this Website or in any Get Smart Apparel catalog or advertisement is applicable or appropriate for use in locations outside the United States.
No Warranties; Limitation of Liability for Website, Get Smart Apparel or any type of Get Smart Apparel advertisement
In no event shall Get Smart Apparel, 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 or entity 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, Get Smart Apparel catalog or any type of Get Smart Apparel advertisement or any content on this Website, Get Smart Apparel catalog or any type of Get Smart Apparel advertisement, even if Get Smart Apparel or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website, Get Smart Apparel or any type of Get Smart Apparel advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, Get Smart Apparel catalog or any type of Get Smart Apparel advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Get Smart Apparel total liability to you shall in no event exceed one hundred United States dollars (US $100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Warranties; Limitation of Liability for Merchandise
All merchandise listed in this Website, Get Smart Apparel catalog or any type of Get Smart Apparel advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Get Smart Apparel disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
Get Smart Apparel disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages are expressly disclaimed. Get Smart Apparel liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Shipping – Risk of Loss
All items purchased from Get Smart Apparel are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Get Smart Apparel is not responsible or liable for any damage arising from shipment.
The Terms and Conditions constitute the entire agreement between you and Get Smart Apparel with respect to this Website, Get Smart Apparel or any type of Get Smart Apparel advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Get Smart Apparel with respect to this Website, Get Smart Apparel catalog or any type of Get Smart Apparel advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Get Smart Apparel. 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. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website, Get Smart Apparel or any type of Get Smart Apparel advertisement, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Get Smart Apparel or its affiliates.