Terms of Service

Welcome to SmartAdhesives. SmartAdhesives LLC and/or its affiliates ("SmartAdhesives" and "Adhesive.com") provide website features to you subject to the following conditions. If you visit or shop at SmartAdhesives, you accept these conditions. Please read them carefully. By accepting these conditions through your use of SmartAdhesives, you certify that you are 18 years of age or older. In addition, when you use any current or future SmartAdhesives service or business, you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

Privacy

Please review our Privacy Policy, which also governs your visit to Adhesive.com, to understand our practices.

Electronic Communications

When you visit Adhesive.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SmartAdhesives, its affiliates, its partners, or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SmartAdhesives and protected by U.S. and international copyright laws. All software used on this site is the property of SmartAdhesives or its software suppliers and protected by United States and international copyright laws.

Trademarks

SmartAdhesives, and other SmartAdhesives graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SmartAdhesives in the U.S. and/or other countries. SmartAdhesives's trademarks and trade dress may not be used in connection with any product or service that is not SmartAdhesives's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SmartAdhesives. All other trademarks not owned by SmartAdhesives that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SmartAdhesives.

License and Site Access

SmartAdhesives grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SmartAdhesives. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SmartAdhesives. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SmartAdhesives without express written consent. You may not use any meta tags or any other "hidden text" utilizing SmartAdhesives's name or trademarks without the express written consent of SmartAdhesives. Any unauthorized use terminates the permission or license granted by SmartAdhesives.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SmartAdhesives reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SmartAdhesives reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SmartAdhesives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SmartAdhesives and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SmartAdhesives for all claims resulting from content you supply. SmartAdhesives has the right but not the obligation to monitor and edit or remove any activity or content. SmartAdhesives takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

SmartAdhesives respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

Risk of Loss

All items purchased from SmartAdhesives are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

SmartAdhesives attempts to be as accurate as possible. However, SmartAdhesives does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. While SmartAdhesives has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. If a product offered by SmartAdhesives itself is not as described, your sole remedy is to return it in unused condition.

The products displayed on this web site can be ordered and delivered only within the U.S. All prices displayed on this web site are quoted in U.S. Dollars, and are valid and effective only in the U.S.

Pricing

For items sold by SmartAdhesives ("Products"), we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Payment

Purchases may be made by credit card via online entry. Terms of payment are governed by your agreement with the applicable credit card issuer. If credit has been previously extended to you by SmartAdhesives, then payment may be made via the terms of the credit agreement.

Products Available

Products may be added or removed from our website at any time without advance notice. The offer of a Product for sale in no way commits SmartAdhesives to continue to offer the same item or format for sale in the future.

Products for Your Use or Consumption Only

It is intended that you are purchasing our Products for your own evaluation, use or consumption only. Our Products are intended for sale and use in the United States.

Our Right to Limit Quantities or Decline Sale

SmartAdhesives reserves the following rights with regard to the sale of its products: (1) limit sale or quantities of our Products; and (2) exercise our discretion to decline sale of any Product to a prospective purchaser. In the event SmartAdhesives rejects the order, then SmartAdhesives will notify the buyer the order has been rejected.

Sales Tax

We are required to collect sales tax for purchases with a California purchase address. If you have a California reseller's certificate and the Product is being incorporated into merchandise intended for resale, please provide a California Resale Certificate so we do not have to charge you sales tax.

Use of Product

Many factors beyond SmartAdhesive's control can affect the use and performance of a Product in a particular application, including the conditions under which the Product is used and the time and environmental conditions under which the Product is expected to perform. Since these factors are uniquely within your knowledge and control, it is essential that you evaluate the Product to determine whether it is fit for a particular purpose and suitable for your method of application.

Disclaimer of Warranties and Limitations and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SMARTADHESIVES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMARTADHESIVES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTADHESIVES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You are responsible for determining whether the SmartAdhesives product is fit for a particular purpose and suitable for your method of application. SMARTADHESIVES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SMARTADHESIVES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMARTADHESIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. If a SmartAdhesives product is proved to be defective, the exclusive remedy, at SmartAdhesives' option, shall be to refund the purchase price or repair or replace the defective SmartAdhesives product. SmartAdhesives shall not otherwise be liable for loss or damages, whether direct, indirect, incidental, punitive, or consequential, regardless of the legal theory asserted, including, but not limited to, contract, negligence, warranty or strict liability.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting Adhesive.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and SmartAdhesives.

Disputes

Any dispute relating in any way to your visit to Adhesive.com or to products or services sold or distributed by SmartAdhesives or through Adhesive.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in San Francisco County, California, and you consent to exclusive jurisdiction and venue in such courts.

Site Policies, Modification, and Severability

Please review our other policies, such as our Pricing Policy and Privacy Policy posted on this site. These policies also govern your visit to Adhesive.com. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

SmartAdhesives LLC
38 Keyes Avenue, Suite 118
San Francisco, CA 94129
http://www.adhesive.com

Changes to Terms of Service

The Terms of Service was last updated on September 10, 2009. Please check our Terms of Service periodically for changes at http://www.adhesive.com/terms