SmartHome Discounts: Terms of Use
SmartHomeDiscounts.com ("SHD")
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.
By accessing or otherwise using this Web site ("Web site "), you agree to be bound by these terms and
conditions of use.
Changes to the Terms and Conditions
SHD may change these terms and conditions of use at any time, without prior notice. If you access or use
the Web site after SHD posts a change, you accept that change. If you do not accept the change, do not
access or use the Web site. You should check these terms and conditions of use periodically.
Access and Use of the Web site
SHD grants you a limited license to access and use the Web site, including to display, copy, distribute and
download its content, only for your personal, non-commercial use and provided that you do not modify the
Web site, its content, or any copyright or other proprietary notices. This license terminates automatically
if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all
copies in your possession.
Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
Restrictions on Use of the Web site
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer,
post, or transmit the Web site or its content in any form without SHD's prior written permission.
The following activities are also expressly prohibited without SHD's prior written permission: any
non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to
monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other
server; collection or use of product listings, descriptions, or prices for a supplier of competitive or
comparable products; and any action that imposes an unreasonable or disproportionately large load on the
Web site or otherwise interferes with its functioning.
Posting and Transmitting to the Web site
Except for information that is subject to the SHD Privacy Policy, SHD will not treat information you post
or transmit to the Web site as confidential or proprietary. By sending information to SHD through the
Web site (by transmitting, posting, or otherwise), you agree that SHD may use that information in any way,
for any purpose, including SHD’s own commercial purposes, subject only to the SHD Privacy Policy.
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other
inappropriate material. SHD reserves the right to edit or remove any post or transmission that, in its
judgment, is not appropriate.
Accuracy of Information and Disclaimer of Warranty
SHD has made every effort to present the content on the Web site accurately, but additions, deletions and
changes may occur. Content on the Web site is provided “as is”; neither SHD nor its representatives make
any representation or warranty with respect to the content.
SHD and its representatives specifically disclaim, to the fullest extent permitted by law, any and all
warranties, express or implied, relating to the Web site or its content, including but not limited to,
implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness
for any particular purpose.
Limitation of Liability
Under no circumstances will SHD or its affiliates have any liability with respect to any claims or damages
(whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or
use of (or inability to access or use) this Web site or its content, even if they have been advised of the
possibility of such damages. You access and use this Web site at your own risk.
Links to this Web site
SHD grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the
Web site so long as the link does not portray SHD or its products or services in a false, misleading,
derogatory, or offensive matter. You may not use the SHD logo, SHD trademark, or SHD’s name or trademarks,
or other proprietary graphic in the link without the prior written permission of SHD.
Links to Third Party Web sites
SHD does not review or control third party Web sites that link to or from the Web site, is not responsible for
their content, and does not represent that their content is accurate or appropriate. Your use of such third
party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.
Ownership
The material provided on this Web site is protected by law, including, but not limited to, United States
copyright law and international treaties. The copyright in the content of the Web site is owned by SHD or
others. Except for the limited rights granted above, all other rights are reserved.
All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.
Terms and Conditions of Sale
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN SHD’S INVOICE OR OTHER SHD DOCUMENTATION,
CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND SHD HAVE
SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and SHD. Customer accepts
these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on SHD's
Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except
that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies
an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and SHD relating to the
terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic
records, which may be provided via a Web browser or e-mail application connected to the Internet; individual
consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic
form by contacting SHD at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and
conditions contained in any such purchase order will be null and void. Customer agrees that the terms and
conditions of sale contained herein and in SHD’s invoice or other documentation will control. No course of
prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these
terms and conditions of sale or any purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF
FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR
LITIGATION WILL BE BROUGHT IN FLORIDA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL AND STATE COURTS LOCATED IN FLORIDA AND SUBMITS TO THE JURISDICTION THEREOF AND
WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY
SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Title; Risk of Loss
If Customer provides SHD with Customer’s carrier account number or selects a carrier other than a carrier
that regularly ships for SHD, title to products and risk of loss or damage during shipment passes from SHD
to Customer upon shipment from SHD’s facility. For all other shipments, title to products and risk of loss
or damage during shipment passes from SHD to Customer upon receipt by Customer. Title to software will
remain with the applicable licensor(s). SHD retains a security interest in the products until payment in
full is received. Customer will be responsible for all shipping and related charges.
Warranties
Customer understands that SHD is not the manufacturer of the products purchased by Customer hereunder and
the only warranties offered are those of the manufacturer, not SHD. In purchasing the products, Customer
is relying on the manufacturer’s specifications only and is not relying on any statements, specifications
in brochures, photographs or other illustrations representing the products that may be provided by SHD.
In connection with services, neither affiliates of SHD nor third party service providers are agents of SHD
and SHD has no obligation or liability arising from any services performed by or any warranty, if any, made
by, such service providers. SHD AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS
OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF SHD, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing Information; Availability Disclaimer
All pricing is subject to change. SHD reserves the right to make adjustments to pricing, products and
service offerings for reasons including, but not limited to, changing market conditions, product
discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders
are subject to product availability. Therefore, SHD cannot guarantee that it will be able to fulfill
Customer’s orders.
Limitation of Liability
NEITHER SHD NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY. NEITHER SHD NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES
THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY SHD OR ITS
AFFILIATES, NEITHER SHD NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
SHD will not be responsible for any delays in delivery which result from any circumstances beyond its
control, including without limitation, product unavailability, carrier delays, delays due to fire, severe
weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of
God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that, in some instances, SHD and their affiliates are resellers of services
and are not the provider of those services. In those cases, the third party service provider is the only
party responsible for providing services to Customer. In those cases, Customer will look solely to the third
party service provider for any loss, claims or damages arising from or relating to the purchase or provision
of such services. Customer hereby releases SHD and their affiliates from any and all claims arising from or
relating to the purchase or provision of any such services by third party service providers. Services may be
subject to tax. All amounts, including taxes, associated with third party services are being collected by
SHD solely in the capacity as an independent sales agent.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or
future, and including statutory, common law, intentional tort and equitable claims) arising from or relating
to the products or services sold pursuant to these terms and conditions of sale, the interpretation or
application of these terms and conditions of sale or the breach, termination or validity thereof, the
relationships which result from these terms and conditions of sale (including, to the full extent permitted
by applicable law, relationships with third parties who are not signatories hereto), or SHD's advertising
and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF SHD, CUSTOMER OR THIRD
PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen by any party with
respect to a Claim, neither SHD nor Customer will have the right to litigate that Claim in court or to have
a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the
applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to
participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding
any choice of law provision included in these terms and conditions of sale, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Florida.
Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will
bear its own cost of any legal representation, discovery or research required to complete arbitration. The
existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the
contrary contained herein, all matters pertaining to the collection of amounts due to SHD arising out of
sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon SHD until accepted by SHD. Terms of payment are within SHD's sole discretion.
Invoices are due and payable within the time period specified on the invoice, measured from the date of
invoice. SHD may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums
at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer
is responsible for, and will indemnify and hold SHD harmless from, any applicable sales, use or other taxes
associated with the order. Customer must claim any exemption from tax at the time of purchase and provide
the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to
which the order is shipped. In the event of a payment default, Customer will be responsible for all of
SHD’s costs of collection, including court costs, filing fees and attorney’s fees.
Return Privileges
Please contact SHD Customer Relations at support@smarthomediscounts.com, 24 hours a day, 7 days a week to
obtain a Return Merchandise Authorization (RMA) before shipping product back to SHD. This will expedite and
help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand when requesting an RMA number:
Customer number, invoice number, serial number, reason for return, action to take
(replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed.
Please return all products 100% complete including all original manufacturer boxes with the UPC code and
packing materials, all manuals, blank warranty cards, accessories and any other documentation included with
the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.
All returns are subject to a 15% restocking fee. If the the condition of goods and packaging material are
not 100% complete and in mint condition we reserve the right to increase the restocking fee.
Customer is responsible for shipping charges to SHD’s distribution center for all products being shipped for
return, exchange or replacement. Products exchanged or replaced will be shipped by SHD to Customer, at
SHD’s expense, using the same shipping method as was used by Customer to ship the original products back to SHD.
Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or
replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is
able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express. This is for
your protection as well as to ensure quick action on your return.
Return privileges vary by manufacturer. Please contact SHD Customer Relations at support@smarthomediscounts.com
for details. Thank you for your past and future business with SHD.
Return shipping address:
SmartHome Discounts
Attn: Returns Department
(Place your RMA number on this line)
13821 Amelia Pond Drive
Windermere, FL 34786
Failure to return a product within the applicable return period will be deemed to be an acceptance of the
product.
Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged
products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save
the product and the original box and packaging and notify SHD immediately to arrange for a carrier inspection
and a pick up of damaged products. Please notify SHD Customer Relations at support@smarthomediscounts.com of
damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for
SHD to file a damage claim.
Privacy Policy
SHD is committed to protecting your privacy. That is because we base our business on the trust you place in
us. This policy describes our practices regarding personal and account information collected through our
Web site. In this policy, “personal and account information” means your name, company name, account number,
address, telephone number, and e-mail address plus other information that personally identifies you,
including your industry, the number of employees at your company, and purchase history, and “we” and “us”
means SHD as well as its affiliated companies.
We reserve the right to modify this privacy policy from time to time. You should visit our Web site
periodically to review any changes.
How much information must I share?
The amount and type of information we collect from you depends on your activities and use of our Web site.
Below, we explain what information we collect.
When you browse our Web site
IP address - We collect your IP address to measure our Web site traffic and to help provide a relevant shopping experience.
Referral Web site. If you come to our Web site via a link, we collect the location of the link that referred you.
Browser type. We collect information about the browser you are using to help optimize our Web site for visitors.
Movements through our Web site. We keep track of pages you visit to help provide you with a more personalized shopping experience.
When you make purchases through our Web site
We collect your name, address and payment information to process your order. However, you may provide credit
card and purchase order numbers by telephone.
We collect information contained in “cookies,” such as your purchases and log in data, to personalize your
shopping experience. Your browser must be set to accept cookies if you wish to add items to a shopping cart.
When you create an E-Account on our Web site
We collect your user name, password, e-mail address, secret question, and answer to your secret question
to protect your E-Account. We use your secret question and answer to identify you as the account user if
you have forgotten your password. You can help us ensure your privacy by not sharing your user name or
password.
When you subscribe to our e-mail newsletter through our Web site
You must create an E-Account to subscribe to our e-mail newsletter. We use your E-Account information in
connection with your subscription.
When you e-mail product information to a friend or colleague through our Web site
We collect your e-mail address and the e-mail address of the person to whom you are sending the product
information.
When you request a catalog through our Web site
We collect your name, address and telephone number. If you would like to change your catalog mailing
information and preferences, email us at support@smarthomediscounts.com
When you communicate with us through our Web site
We collect your e-mail address and the other information that you provide in order to respond to your
communication.
When you enter contests, participate in surveys, or register for other activities on our Web site
We collect your name, e-mail address and telephone number, and the other information that is required for
entry or participation, which varies depending on the activity.
Is my personal or account information used for any other purpose?
We may use your personal and account information to provide products or services you have requested, respond
to a communication from you, contact you, and as otherwise described in this policy.
We may occasionally send you promotional or product information. If you do not wish to receive promotional
or product information, you may opt out of future communications by following the instructions in the e-mail
communication or contacting your account manager.
We may also analyze and act upon your personal and account information as part of our standard business
practices. We occasionally purchase from third parties commercial information such as company size, number
of employees and annual sales of other companies. We may use this commercial information along with your
personal and account information to customize our offerings to you, as well as for our internal use.
In addition, in order to measure how we are doing and to better understand how we can improve our product
offerings, we or one of our service providers or strategic partners may contact you by telephone or e-mail
and solicit your participation in research.
If you become our customer, we may send you updates on important information about our company and services.
Will my personal and account information be provided to any other party?
We restrict access to your personal and account information to those who need access to use it as set forth
in this policy. Only authorized personnel are permitted to see your E-Account password. Your other personal
and account information may be disclosed to third parties in limited circumstances. For example, we may
share your personal and account information with our service providers and strategic partners and with
suppliers and other entities involved in transactions you have initiated. We may disclose your personal and
account information to respond to subpoenas, court orders, or other legal process, as required by law, or
to establish or exercise our legal rights or defend against legal claims. Your personal and account
information may also be disclosed in connection with a sale of some or all of our business or a merger
with another company.
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