Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Smart Blonde. The collective work includes works that are licensed to Smart Blonde. Copyright 2002-2009, Smart Blonde ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Smart Blonde or purchasing Smart Blonde products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Smart Blonde. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Smart Blonde used in the site are trademarks or registered trademarks of Smart Blonde
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Smart Blonde disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Smart Blonde does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Smart Blonde does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Smart Blonde shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Smart Blonde has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Smart Blonde product is mistakenly listed at an incorrect price, Smart Blonde reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Smart Blonde reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Smart Blonde shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Smart Blonde without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Smart Blonde may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Smart Blonde.
Your use of this site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Smart Blonde products) shall be in the state or federal courts located in Snohomish County, Washington. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Smart Blonde products) must be commenced within one (1) year after the claim or cause of action arises. Smart Blonde's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Smart Blonde may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Smart Blonde or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Smart Blonde does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Smart Blonde is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.
Users represent and warrant to Smart Blonde that, in your use of the Smart Blonde Custom Design Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Smart Blonde that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Smart Blonde will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Smart Blonde incurs in providing the Custom Design Service offered by Smart Blonde; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
Smart Blonde reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Smart Blonde in its sole discretion.
Custom Design General Rules and License.
As part of Smart Blonde Products, Smart Blonde offers a service (the "Custom Design Service") that allows you to upload images and other content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.
Delivery of Content.
You will upload or deliver to Smart Blonde all Content that you want to use with the Custom Design Service in accordance with the applicable instructions on the Website and the Participation Disclaimer above. Smart Blonde may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Custom Design Service.
Licensing Your Content to Smart Blonde
You will retain ownership of the Content that you upload to the Website. You hereby grant to Smart Blonde a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Smart Blonde deems necessary to enable you to use the Custom Design Service to create, produce and purchase Products. Smart Blonde may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the Custom Design Service, processing your order, and producing and shipping your Products.
You agree to indemnify, defend, and hold harmless Smart Blonde, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Smart Blonde may link to sites operated by third parties. However, even if the third party is affiliated with Smart Blonde, Smart Blonde has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Smart Blonde. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Smart Blonde seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
We accept returns on any stock item(s) within 30 days of original date of purchase (excluding ALL CUSTOMÂ items). Simply return your purchaseÂ forÂ a full product refund or replacement.Â (ALL freight charges are non-refundable).Â Return your item in its original packaging and please mark the outside of the package with your order number.Â Enclose a copy of your order invoice and email address, along with the reason you are returning the product.Â Â Be sure toÂ indicate whetherÂ you wish to receive a refund or exchange (new shipping charges may apply).