Welcome to SmartHomeUtilities! SmartHomeUtilities operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"), powered by Shopify. Please read these Terms of Service carefully, as they include important information about your legal rights. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service.
βͺSection 1 β Access and Account
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
βͺSection 2 β Our Products
We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors or product appearance may differ from how they may appear on your screen due to your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice at our sole discretion.
βͺSection 3 β Orders
When you place an order, you are making an offer to purchase. SmartHomeUtilities reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until SmartHomeUtilities confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as SmartHomeUtilities may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
βͺSection 4 β Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
βͺSection 5 β Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
βͺSection 6 β Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by SmartHomeUtilities, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent.
βͺSection 7 β Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
βͺSection 8 β Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.
βͺSection 9 β Relationship with Shopify
SmartHomeUtilities is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with SmartHomeUtilities. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and SmartHomeUtilities, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with SmartHomeUtilities.
βͺSection 10 β Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
βͺSection 11 β Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.
You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback will comply with these Terms.
βͺSection 12 β Errors, Inaccuracies and Omissions
Occasionally there may be information on or in the Services that contain 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 if any information is inaccurate at any time without prior notice.
βͺSection 13 β Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights; (d) to harass, abuse, insult, harm, defame, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material, including any "junk mail," "spam," or any other similar solicitation; (g) to impersonate or attempt to impersonate any other person or entity.
In addition, you agree not to: upload or transmit viruses or any other type of malicious code; reproduce, duplicate, copy, sell, or resell any portion of the Services; collect or track the personal information of others; spam, phish, or pharm the services; or interfere with or circumvent the security or authorization features.
βͺSection 14 β Agents
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.
No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with our requirements. Agents must: identify that the request is from an Agent in all HTTP/HTTPS requests; not conceal or obfuscate that any access is from an Agent; respond truthfully to any question seeking to determine if interactions are from a human or a computer; and not circumvent any measure intended to block, limit, or control Agent access.
βͺSection 15 β Termination
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
βͺSection 16 β Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY SMARTHOMEUTILITIES, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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.
βͺSection 17 β Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SMARTHOMEUTILITIES, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, 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.
βͺSection 18 β Indemnification
You agree to indemnify, defend and hold harmless SmartHomeUtilities, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
βͺSection 19 β Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
βͺSection 20 β Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall 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 constitute the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
βͺSection 21 β Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
βͺSection 22 β 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 federal and state or territorial courts in the jurisdiction where SmartHomeUtilities is headquartered. You and SmartHomeUtilities consent to venue and personal jurisdiction in such courts.
βͺSection 23 β Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
βͺSection 24 β Changes to Terms of Service
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
βͺSection 25 β Contact Information
Questions about the Terms of Service should be sent to us at support@smarthomeutilities.com.
Office Hours: Monday to Friday (8:00am - 5:00pm) EST Please allow 24β48 hours for a response.