Terms of service

TERMS & CONDITIONS

Welcome to the website owned and operated by Shop Smart Solutions, LLC. We are delighted to provide you with access to our products and related information through this platform.

IMPORTANT LEGAL AGREEMENT

This constitutes a legal agreement between you, the user (referred to as "you" or "user"), and Shop Smart Solutions. By accessing or using this website, as well as purchasing Shop Smart Solutions products, you are bound by the terms and conditions outlined in this "Terms and Conditions" agreement ("Agreement"). Carefully read these terms as they govern your use of the information, services, software functionality, and materials ("Services and Materials") provided by Shop Smart Solutions on or through the website ("Site"). Your use of the Site and related Services and Materials is conditioned upon your acceptance of all terms and conditions in this Agreement.

All purchases of products distributed or marketed by Shop Smart Solutions, whether made on the Site or elsewhere, are subject to this Agreement.

IMPORTANT NOTICE: MANDATORY ARBITRATION

By agreeing to these Terms of Use, you acknowledge the mandatory arbitration provision. This requires you to resolve any claims against the company on an individual basis in arbitration, as detailed in the Disputes section below. This precludes you from bringing any class, collective, or representative action against the company.

  1. LICENSE GRANT

The Content, including content layout, formatting, and features, provided in the Services is protected by intellectual property and other laws. Shop Smart Solutions grants you a revocable, limited, non-exclusive, royalty-free license to use the Site, subject to your compliance with this Agreement. This license allows you to download and print materials for personal use, provided copyright and intellectual property notices are retained. However, Shop Smart Solutions retains the right to control the Site's layout, features, and access privileges.

  1. RESTRICTIONS

While granted a limited license, you may not modify, decompile, distribute, disassemble, broadcast, publish, or use the Site in any manner not expressly permitted in this Agreement. Additionally, you may not use any device or methodology to access the Site for unauthorized purposes, gain unauthorized access, probe vulnerabilities, interfere with proper Site functioning, or use the Site unlawfully.

Downloading, copying, or reproducing materials provided by Shop Smart Solutions for reproduction or redistribution to any other server, hard drive, or location is expressly prohibited.

These Terms & Conditions are a legal contract between you and Shop Smart Solutions. Please read them carefully before using the Site or purchasing our products. If you do not agree with any part of these terms, you should not access the Site or make any purchases.

 


  1. USER RESPONSIBILITIES

Upon installing, accessing, or using this Site, you affirm that you possess the legal capacity to enter into a binding contract under the applicable laws of your state and/or country. It is imperative that you consistently furnish accurate, truthful, current, and complete information when providing details to this Site. This obligation extends to all forms of information submission, such as via email or any registration/submission form available on the Site. Any provision of false, inaccurate, misleading, or incomplete information empowers Shop Smart Solutions, at its sole discretion and without prior notice, to promptly terminate your Site access and usage. This includes the cancellation of any pending product purchases or transactions with Shop Smart Solutions. Additionally, you commit to adhering to all relevant local, state, national, and international laws and regulations concerning your use of this Site. You explicitly acknowledge and accept the inherent risks associated with Internet use and Site navigation. Despite Shop Smart Solutuins's efforts to establish a secure Site, the confidentiality of communications or materials transmitted via the Internet or other global communication networks cannot be guaranteed. Consequently, Shop Smart Solutions bears no responsibility or liability for the security of information transmitted via the Internet, the accuracy of information on the Site, or the repercussions of reliance on such information. You must independently assess these matters.

  1. COOKIE GUIDELINES

This Agreement operates in accordance with our Cookie Policy, subject to periodic updates reflecting technological advancements, legal requisites, or altered practices. Any modifications will be published on our Site and become effective upon posting.

  1. TRANSACTIONS; SPECIFIC PROGRAMS; ADDITIONAL TERMS
  2. The acquisition of products, goods, participation in specific programs, and/or use of particular sections or features of the Site may be governed by additional notices, terms, and conditions (inclusive of payment terms). These supplementary terms merge with this Agreement through reference. By consenting to these, you affirm that you meet the legal age criteria for product acquisition or participation in any program, service, or feature. In case of a conflict between this Agreement and terms applicable to a specific Site section, the latter prevails for your use of that segment.
  3. Shop Smart Solutions Guarantee

All  Shop Smart Solutions products fall under a Money Back Guarantee (refer to specific product instructions or the website for guarantee details). Unsatisfied customers can return the product for a replacement or refund, contingent upon proof of purchase. Refunds cover the purchase price, minus processing and handling fees. Refer to the Return Policy below for specifics.

  1. Product and Service Information; Pricing; Changes

We've taken precautions to ensure accurate product descriptions, prices, and information. However, when ordering via our platforms, please note:

  • Shop Smart Solutions reserves the right to reject orders due to material errors in product or service descriptions or incorrect advertised prices.
  • The supply of products or services may be refused, discontinued, or altered at our discretion.
  • Prices are in United States Dollars unless specified otherwise.
  • Packaging and contents may differ from what's shown.
  • Weights, dimensions, and capacities are approximate.
  • The estimated tax displayed during checkout is based on the then-current rate, with the final amount determined at order finalization.
  • Items are subject to availability, and customers will be notified if an ordered product or service is unavailable, offering alternatives if applicable.

Note: We may change product, service, or term terms, and you'll be notified of such changes.

  1. Order Processing & Cancellation

Shop Smart Solutions may reject or cancel orders before delivery due to errors, fairness considerations, or additional verification needs. Cancellation requests are accepted via email but aren't guaranteed post-processing. Customers can email support@gracegadgets.com, providing order details for cancellations. Successful cancellations depend on the order status; once printed, cancellations aren't possible. Refunds for canceled orders will be issued.

  1. Taxes

Sales tax estimates are displayed during checkout; the actual tax may vary post-finalization. We make reasonable efforts for accurate tax calculation but don't guarantee it due to various factors. Purchasers waive the right to claim tax inaccuracies and hold Shop Smart Solutions harmless for tax-related claims.

  1. Replacement Guarantee Policy (Effective January 1, 2020)

Products purchased from Shop Smart Solutions include a 90-day replacement guarantee for performance issues. The guarantee is non-transferable, and the original proof of purchase is required for replacement requests. Customers bear return shipping costs. Shop Smart Solutions may replace units with equal or higher value.

  1. Return Policy

A return merchandise authorization number is necessary for product returns. The returns process is described in Return & Refund https://gracegadgets.com/return-and-refund/. 



  1. DATA PRIVACY PROVISIONS

By engaging with specific segments of the Site and/or receiving designated information or benefits, you acknowledge that the submission, utilization, and disclosure of personally identifiable information may be necessary. Therefore, accessing these areas or receiving information signifies your acceptance of Shop Smart Solutions's practices concerning the collection and use of personally identifiable information. For detailed insights into these practices, please refer to Shop Smart Solutions's Privacy Policy.

  1. USER GENERATED CONTENT

The Site and/or any Shop Smart Solutions Social Media Page accessible directly through the Site may host interactive features like blogs, message boards, and comment sections collectively referred to as "Forum." By utilizing these features, you commit not to upload, post, or transmit materials that:

  • Disrupt the operation of the Site and/or Shop Smart Solutions Social Media Page.
  • Defame, harass, abuse, stalk, threaten, or infringe on the rights of others.
  • Include unauthorized copyrighted materials or infringe on intellectual property rights, trade secrets, or privacy.
  • Encourage criminal conduct or violate any law or regulation.
  • Contain vulgar, obscene, profane, or objectionable language or images.
  • Impersonate any person or misrepresent your affiliation.
  • Constitute junk mail, spam, or unauthorized advertising.
  • Are "off-topic" for a designated Forum.
  • Are inaccurate or non-compliant with these Terms.
  • Include other people's personal or identifying information.

Your interactions within the Forums and the content you post are your sole responsibility. Shop Smart Solutions does not endorse user opinions, advice, or recommendations, disclaiming any associated liability. While the right to monitor disputes exists, Shop Smart Solutions is not obligated to intervene. It is recommended to exercise caution and judgment in online interactions and content sharing.

  1. USAGE RIGHTS FOR USER GENERATED CONTENT

You concede that you hold no proprietary interest in any Forum. By submitting content (a "Post") to a Forum or using the Site and/or a Shop Smart Solutions Social Media Page to transmit a Post, you grant Shop Smart Solutions a royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works, distribute, transmit, perform, and display such content worldwide. This license extends to incorporating content into other works across any form, media, or technology. You affirm having the necessary rights for such a grant and acknowledge that Posts are non-confidential. Shop Smart Solutions acts as an intermediary and is not a publisher of posted content, assuming no responsibility for deletion or storage failure of any Post. Posting confidential or sensitive information is discouraged, and users bear sole responsibility for liabilities arising from their own Postings.


  1. USER GENERATED CONTENT RESPONSIBILITY

These Terms and Conditions delineate the conduct pertaining to the Customer Ratings and Reviews and/or Questions and Answers service facilitated by Shop Smart Solutions, LLC.

Upon submitting content to Shop Smart Solutions, you affirm and consent that:

  • You exclusively own the intellectual property rights in the content.
  • Any moral rights associated with the content have been voluntarily waived.
  • All posted content is accurate.
  • You are at least 18 years old, and your content complies with these Terms and Conditions without causing harm.

Moreover, you commit not to submit content that:

  • Is knowingly false, inaccurate, or misleading.
  • Infringes on any third party's intellectual property or privacy rights.
  • Violates any law, statute, or regulation.
  • Is defamatory, libelous, offensive, or unlawfully threatening.
  • Promotes violence or hatred based on specific attributes.
  • Involves compensation from an unapproved third party.
  • Contains information referencing other websites, addresses, or contact details.
  • Includes computer viruses or potentially damaging files.

You agree to indemnify and hold Shop Smart Solutions harmless from claims, demands, and damages arising from a breach of representations and warranties or a violation of any law or third-party rights.

For submitted content, you grant Shop Smart Solutions a perpetual, irrevocable, royalty-free, transferable right to use, copy, modify, delete, adapt, publish, translate, create derivative works, and distribute such content worldwide. Shop Smart Solutions may use the content at its discretion, reserving the right to change, withhold, or remove any content violating guidelines. You acknowledge your responsibility for the submitted content, which is not subject to any obligation of confidence.

Any emails regarding submissions may include an opt-out option.

  1. INTELLECTUAL PROPERTY RIGHTS

All content on the Site, including text, graphics, audio, video, and more, is exclusively owned, controlled, and licensed by Shop Smart Solutions and/or its suppliers. Protected by various laws, including copyright, trade secret, patent, and trademark laws, unauthorized use may violate these laws. Shop Smart Solutions actively enforces its intellectual property rights.

The website is copyright-protected by Shop Smart Solutions as of 2023. Shop Smart Solutions owns copyrights in the Site's content, and any downloadable or printable materials are owned exclusively by Shop Smart Solutions or authorized third parties. Shop Smart Solutions, the Shop Smart Solutions logo, and other identifying marks are exclusively owned by Shop Smart Solutions. Any use without express written permission is strictly prohibited. Other product and company names may be trademarks and/or service marks of their respective owners.


  1. SITE SECURITY ENFORCEMENT

Unauthorized use, whether actual or attempted, of the Site may result in criminal and/or civil prosecution, including punishment under the Computer Fraud and Abuse Act of 1986. Shop Smart Solutions retains the unequivocal right to observe, monitor, and record Site activity without additional notice or permission. Information gathered in this process may be subject to review by law enforcement, at Shop Smart Solutions's sole discretion. B2C Response also complies with legally binding requests for such information, including court orders. Additionally, Shop Smart Solutions, at its sole discretion, reserves the right to modify, suspend, terminate, or temporarily interrupt Site operation or access without advance notice.

  1. VALUED FEEDBACK

Shop Smart Solutions values your feedback on enhancing the Site and/or its products and services. By conveying suggestions, information, or other content ("feedback"), you assert that it doesn't infringe on third-party intellectual property rights and that you possess the necessary rights to provide such feedback. Any feedback received through the Site grants Shop Smart Solutions a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, publish, reproduce, disseminate, and display worldwide, without additional approval or consideration.

  1. ELECTRONIC COMMUNICATIONS

Through accessing the Services, sending emails, or receiving electronic communications, you acknowledge and consent to engage in electronic communication with the Company. The Company may contact you via email or by posting notices through the Services. You agree that electronic communication fulfills any requirement for written form.

  1. THIRD-PARTY PRODUCTS/SERVICES

Shop Smart Solutions may, at its discretion, display third-party advertisements on the Site or feature materials, programs, products, and services from third parties. Shop Smart Solutions makes no guarantees regarding the quality, accuracy, or reliability of such third-party offerings and expressly disclaims responsibility for any dealings between you and third parties found on the Site. Shop Smart Solutions is not liable for any loss or damage resulting from such dealings.

  1. LINKS TO OTHER SITES

Shop Smart Solutions may provide links to other sites for your convenience, but these sites are not necessarily reviewed or controlled by Shop Smart Solutions. The company disclaims responsibility for the content, accuracy, or quality of products or services on third-party websites. These links do not imply endorsement by Shop Smart Solutions.

  1. LINKS TO THE SITE

Shop Smart Solutions permits text links to the Site but emphasizes that such links should not imply promotion or endorsement of third-party products, services, or information without Shop Smart Solutions's prior express written consent.


  1. LEGAL DISCLAIMER

The products, services, and materials are presented on an "as-is" and "as-available" basis and may contain errors, omissions, or inaccuracies. No warranties extend beyond the description herein or on this site. Any implied warranty of merchantability is disclaimed. Shop Smart Solutions reserves the right, at its sole discretion and without advance notice, to make modifications and/or changes to the Site and/or the services and materials available on the Site at any time. You assume the sole risk of using and/or relying on the services and materials available on the Site.

  1. LIABILITY LIMITATIONS

You absolve and release Shop Smart Solutions from harm claims beyond its reasonable control, including electronic/mechanical failures, computer viruses, unauthorized access, severe weather, and other unforeseen events. To the fullest extent permitted by law, Shop Smart Solutions is not liable for indirect, punitive, incidental, special, or consequential damages connected to Site use or product/services purchase. Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, and thus, the above limitation may not apply.

Lifting and Tightening device should not be used for more than 5 mins per target area at a time. Damage due to non-compliance with instructions, human factors, force maneuver, etc., is not covered by warranty. Maintenance costs apply to out-of-warranty products. This is not a weight loss system; individual results may vary. Consult your physician before use if pregnant, after surgery, or with certain health conditions. Stop use if feeling dizzy, lightheaded, or uncomfortable; seek medical advice before resuming.

In preparing this page, efforts were made for correctness, but errors or omissions may occur. Product specifications are subject to change without prior notice. Reproduction or translation of this page without written authorization is prohibited. The company is not responsible for losses due to non-standard or incorrect operation.

THIS UNIT IS NOT A MEDICAL DEVICE

Products are not for treating or managing diseases; not a substitute for medical advice or action. Consult healthcare professionals for individual needs and medical conditions. Lifting and Tightening Devise does not endorse specific physicians, procedures, or opinions on the Site; all information is for reference only. Product model, shape, design, and color may vary.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Shop Smart Solutions and affiliates from claims related to postings, feedback, Site use, breaches of this agreement, violations of third-party rights, and legal obligations. Governing Law: This agreement is governed by Florida law. Shop Smart Solutions makes no representation that the Site is suitable for use where prohibited.

  1. ARBITRATION AGREEMENT

Disputes shall be submitted to arbitration in Florida. Canadian residents' arbitration governed by Canadian law. Waiver of right to sue and class action waiver apply. Matters subject to arbitration include those alleging damage, but matters not subject to arbitration include certain disputes listed in the agreement. This arbitration agreement applies to all disputes with  Shop Smart Solutions. However, some disputes are not subject to arbitration and may be adjudicated in state and federal courts. A piracy clause encourages reporting counterfeit products.

  1. PHONE, TEXTING, MOBILE

Consent to receive messages/calls related to  Shop Smart Solutions transactions. Acknowledge monitoring/recording of calls. Costs may apply; Shop Smart Solutions not responsible. Opt-out available by responding "STOP" or "UNSUBSCRIBE" to messages. Telephone contact information verification required. Opting in means agreeing to be contacted at the provided numbers. Monitoring and recording of calls acknowledged. Verification of contact information accuracy required. Opt-out instructions provided via text/SMS message.


  1. REVISIONS TO TERMS

We retain the right, at our sole discretion, to modify these Terms or our Privacy Policy as required by laws or to align with evolving business needs. New users are subject to the revised terms immediately upon posting on  Shop Smart Solutions Inc. Existing customers will be bound by these changes after thirty (30) days, unless otherwise stated. Failure to agree with modifications requires discontinuation of our products usage. Continuing product use after the 30-day period constitutes express acceptance of the alterations. Employees, customer service representatives, contractors, or agents lack authority to modify these Terms, verbally or in writing.

  1. WAIVER & VALIDITY

Failure to demand strict adherence to any terms in this Agreement does not waive subsequent defaults. No waiver by  Shop Smart Solutions of any right under this Agreement implies a waiver of other rights or provisions. If any part of this Agreement is found invalid or unenforceable, only the specific provision will be inoperative, not the entire Agreement.

TERMINATION

These Terms, subject to  Shop Smart Solutions's discretion, constitute a binding agreement.  Shop Smart Solutions may terminate this agreement, wholly or partially, at any time and for any reason. Upon termination, your access to Services will cease, and it's your responsibility to promptly delete any printed or software copies of Content. Certain sections of the Terms endure after termination, including No Professional Advice or Medical Information, User Submissions, Links to Third Party Websites, Electronic Communications, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Binding Arbitration, Class Action Waiver, Termination, Entire Agreement, Severability, and No Waiver.

  1. COMPREHENSIVE AGREEMENT

This Agreement,  Shop Smart Solutions’'s Privacy Policy, and associated agreements incorporated by reference constitute the entire agreement between you and  Shop Smart Solutions regarding Site use. It supersedes all prior communications, electronic, oral, or written. Periodic review is advised, as we may modify this Agreement. If you disagree with the amended terms, cease Site use; otherwise, consent is implied.

  1. CONTACT DETAILS

For inquiries about  Shop Smart Solutions, the site, or its products/services, contact  Shop Smart Solutions Response at support@gracegadgets.com,  Shop Smart Solutions, LLC., 790 E Broward Blvd , Fort Lauderdale, 33301, Fl, US