Terms of Service

Last updated: February 24, 2025

Overview

This website is operated by Smygxw USA, LLC. Throughout the site, “we,” “us,” and “our” refer to Smygxw USA, LLC. Smygxw USA, LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing

or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have consented to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose or use the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms, viruses, or any other code of a destructive nature.

Any violation or breach of any of these terms will result in immediate termination of your service.

Section 2 - Mobile Terms

By agreeing to Smygxw USA's SMS/Text Messaging Service, you consent to receiving periodic SMS/Text Messaging from Smygxw USA through your wireless carrier. You will receive SMS/Text Messaging from Smygxw USA even if your mobile number is registered on any state or federal "Do Not Call" list. SMS messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, reminders, and information (e.g., order updates, account reminders, etc.). Promotional messages may include sales, special offers, and other marketing offers (e.g., shopping cart reminders).

You understand that you do not need to enroll in this program to make any purchases, and your consent is not a condition of purchasing any products from Smygxw USA. Your participation in this program is completely voluntary.

There is no service fee, but you are responsible for all SMS-related charges imposed by your mobile carrier. The frequency of SMS messages varies. Message and data rates may apply. Please check your mobile plan and contact your mobile carrier for details. You are solely responsible for all SMS/text messaging charges, including those charged by your mobile carrier.

You may opt out of the Service at any time. You can do so by texting "STOP" to +1 562-692-7214 or clicking the unsubscribe link (if provided) in any text message. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless you initiate such an opt-out. If you are subscribed to another Smygxw USA mobile messaging plan and wish to cancel, you will need to opt out separately by following the instructions in the applicable plan's mobile terms, unless applicable law requires otherwise.

For support or assistance with the Service, please text HELP to +1 562-692-7214 or email Support@smygxw.top.

We may change any short codes or phone numbers used to operate the Service at any time and will notify you of such changes. You acknowledge that any messages you send to our changed short codes or phone numbers (including any "Stop" or "Help" requests) may not be received, and we will not be responsible for processing requests contained in such messages.

Wireless carriers supported by the Service are not responsible for delayed or non-delivered messages. You agree to provide us with a valid mobile phone number. If you change your mobile phone number, you will need to register for the Plan using the new number.

To the extent permitted by applicable law, you agree that we have no liability for the failed, delayed, or misdelivery of any messages sent through the Service, any errors in such messages, and/or any actions you may or may not take in reliance on such information or the Service.

We respect your privacy. For more information about how we collect and use your personal information, please see our Privacy Statement.

Section 3 - General Terms

We reserve the right to refuse service to anyone at any time and for any reason.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 4 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if the information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Section 5 - Changes to Services and Prices

The prices of our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service after the effective date of any such change will constitute your acceptance of such changes.

Section 6 - Products or Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product pricing are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 7 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

Section 8 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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 liability. We assume no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the Website is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also offer new services and/or features through the Website in the future (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 9 - Third-Party Links

Certain content, products, and services available through our Services may include materials from third parties.

Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not responsible for any damages or losses resulting from the purchase or use of goods, services, resources, content, or any other transactions made on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS If, at our request, you submit certain specific submissions (for example, contest entries or gallery entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no liability for any comments posted by you or any third-party.

Section 11 - Personal Information

Personal information you submit through the store is governed by our Privacy Policy.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES In addition to the other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, prank, pretext, spider, scrape, or crawl; (j) for any obscene or immoral purpose; or (k) Interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 14 - Disclaimer; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We make no guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use orYour use of the service is at your own risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Smygxw USA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 15 - Indemnification

You agree to indemnify, defend, and hold harmless Smygxw USA and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 16 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

Section 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.

These Terms of Service remain effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by discontinuing use of our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and/or we may deny you access to our Services (or any part thereof).

Section 18 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

Section 19 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

Section 20 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for checking our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 21 - Contact Information

Questions regarding the Terms of Service should be sent to support@smygxw.top.