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Terms of Use

Please carefully read the following Terms of Use before using the Smoofer.com Web site (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

Prices and Quantity Limits

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

Copyright

All content included in the Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Smoofer.com or its content suppliers and protected by Canadian. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Smoofer.com and protected by Canadian. and international copyright laws. All software used on the Site is the property of Smoofer.com or its software suppliers and protected by Canadian. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

Trademarks

All trademarks, logos, service marks and trade names are proprietary to Smoofer.com or other respective owners that have granted the Site the right and license to use such intellectual property.

Registration, Accounts and Passwords

If you register and create an account on the Site you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose, and (ii) all activities that occur under such password or account identifiers.
You agree to notify Smoofer.com of: (i) any loss of your password or other account identifiers and (ii) any unauthorized use of your password or other account identifiers. Smoofer.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Smoofer.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Smoofer.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed on the Site are quoted in U.S. or Canadian dollars and are valid and effective only in Canada. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Site.

Links to Other Web sites and Services

This Site may contain links to Web sites other than our own. Smoofer.com does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Smoofer.com does not control the content of these sites and takes no responsibility for their content, nor should it be implied that Smoofer.com endorses or otherwise recommends such sites or the products or services offered.

Limitation on Liability

IN NO EVENT SHALL SMOOFER.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF Smoofer.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Applicable Law

The laws of the Province of Ontario, Canada will govern these Terms of Use without giving effect to any principles of conflict of law.

Privacy Policy

Your Personal Information

Smoofer.com is not in the business of sharing your personal information. Smoofer.com will not sell, loan, rent, lease, barter or publish your personal information to a third party. All data that we keep on you are kept strictly for Smoofer.com business use to assist you in your current or future purchases, provide you information on new features or products, and improve our website, services and products and in analyzing sales trends. No customer data is stored on servers that are accessible to the Internet. All data is downloaded and deleted from our Web server many times a day.

Cookies and IP Numbers

Smoofer.com’s privacy policy shows our firm commitment to customer privacy. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information. Our site uses cookies to keep track of your shopping cart.
We use cookies for other purposes such as site personalization. You can reject cookies and still use the Smoofer.com site, however, it will disable the ability for the site to recognize your cart, your account and any personalization efforts.

We also use beacons to gather anonymous, aggregated statistical information (for example, unique hits, page views, etc) about our website traffic.
External Links

This site contains links to other sites. Smoofer.com is not responsible for the privacy practices or the content of such Web sites.

Address Information

Smoofer.com collects information such as your name, shipping and billing address, email address, financial information and other optional information to process your order, provide you with customer support, allow you to use our site (future features) and send you communications such as special offers, promotions, etc. Information is gathered by Smoofer.com for the sole benefit of Smoofer.com.

Financial information that is collected by Smoofer.com is used to bill the user for products and services. We will be using Paypal service for financial transactions (this may change without prior notice).

Customer information is considered to be an asset of Smoofer.com and as such may be transferred to another company as part of an acquisition of Smoofer.com.

To ask questions about our policy, please email us at help@smoofer.com

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