Introduction
Smart Bargain, operated by AFTR5 LLC, maintains this website. Throughout these terms, “we,” “us,” and “our” refer to Smart Bargain. By accessing or using our online store, you acknowledge and consent to the following agreement in its entirety.
Your interaction with our website—whether browsing, shopping, or creating an account—constitutes engagement with our services and acceptance of these terms. These conditions apply universally to all site visitors, regardless of their purpose or role.
Please thoroughly review this document before using our platform. Continuing to explore or utilize any aspect of our site indicates your agreement to these terms. If you disagree with any conditions outlined here, we respectfully ask that you discontinue using our services immediately.
As our business evolves, so too may these terms. Any new features, tools, or services incorporated into our current offerings will be subject to this agreement. The most current version remains accessible on this page at all times. We maintain the right to modify these terms by posting updates directly to our website. We encourage periodic review of this page to stay informed of any changes.
Our e-commerce operations are powered by a secure online platform that facilitates the sale of our products to customers worldwide.
1. Basic Terms of Use
- You confirm that you have reached the legal age of majority in your jurisdiction, or have received parental consent if applicable
- Our products and services may not be used for unlawful activities or in violation of these terms
- You agree not to introduce malicious code, viruses, or anything that could compromise our system integrity
- Any violation of these conditions may result in immediate termination of your access privileges
2. General Provisions
- We maintain discretionary authority to deny service to any individual or entity
- Your submitted content may travel through multiple networks and undergo technical modifications to meet connectivity requirements
- Financial information is always protected with industry-standard encryption during transmission
- Unauthorized reproduction, duplication, or exploitation of our service or any website element is strictly prohibited without explicit written permission
3. Information Accuracy
Content on our website is provided for general informational purposes and should not be your sole decision-making resource. While we strive for accuracy, we cannot guarantee that all information is complete, current, or error-free at all times. We recommend consulting additional authoritative sources before making significant decisions based on our content.
Historical information presented on our site is provided for reference and may not reflect current circumstances. We reserve the right to update website content at our discretion without notification. You acknowledge your responsibility to periodically check for relevant updates.
4. Service and Pricing Modifications
Product pricing is subject to change without prior notification. We reserve the right to modify, suspend, or discontinue any aspect of our service—including entire product lines or features—without advance notice. Smart Bargain bears no liability to you or any third party for such modifications, including price adjustments or service interruptions.
5. Products and Services
Some merchandise may be available exclusively through our online platform and subject to our Return Policy regarding exchanges or refunds. While we make every effort to accurately display product images and colors, we cannot guarantee perfect color reproduction on all devices or monitors.
We reserve the right to limit product availability based on geographic location or other criteria on a case-by-case basis. We may also restrict purchase quantities, modify product descriptions, adjust pricing, or discontinue items without notice. Offers presented on our website are void where prohibited by law.
We provide no guarantee that products will meet your specific expectations or that any service errors will be corrected within a particular timeframe. We recommend reviewing product specifications carefully before completing your purchase.
6. Billing and Account Accuracy
Smart Bargain maintains the right to refuse or limit orders at our discretion. We may impose purchase restrictions per person, household, or order—including orders using the same account, payment method, or shipping address. If we need to modify or cancel your order, we will attempt to notify you using the contact information provided during checkout.
You agree to provide current, complete, and accurate information for all purchases, including up-to-date payment details and contact information. Keeping your information current helps us fulfill your orders efficiently and communicate with you about important updates.
For complete details about returns, exchanges, and refunds, please consult our separate Return Policy.
7. Third-Party Tools
We may provide access to external tools or services that operate beyond our direct control. These resources are offered “as is” without warranties or endorsements of any kind. Smart Bargain assumes no responsibility for issues arising from your use of such tools.
Before utilizing third-party resources, we strongly recommend familiarizing yourself with their terms of service and privacy policies. Your decision to use these tools is entirely at your own discretion and risk.
Future website enhancements, including new features and tools, will also fall under these terms of service.
8. External Links
Our website may contain links to independent third-party websites or services. While we may reference or connect to these resources, we do not control or monitor their content, practices, or policies. Smart Bargain is not responsible for any damages or negative outcomes resulting from your interactions with third-party sites.
We encourage you to research external sites before engaging with them. Any concerns regarding third-party products or services should be directed to the responsible provider, not to Smart Bargain.
9. User Content and Submissions
By submitting content to our site—whether solicited (such as contest entries) or unsolicited (like product suggestions or feedback)—you grant Smart Bargain perpetual, unrestricted rights to use, edit, reproduce, distribute, or translate that material across any medium. We maintain no obligation to preserve confidentiality, provide compensation, or respond to submitted content.
We reserve the right to monitor, edit, or remove any content that violates intellectual property rights or contains material we deem inappropriate, offensive, or potentially harmful, though we are not obligated to review all user submissions.
You affirm that your submissions will not infringe upon third-party rights, contain malicious code, misrepresent your identity, or include unlawful, abusive, or objectionable content. You accept full responsibility for the accuracy and legality of all content you submit.
10. Personal Information Protection
The collection and processing of your personal information through our store is governed by our Privacy Policy, which complements these terms.
11. Content Accuracy and Corrections
Despite our best efforts, information on our website may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, or availability. We reserve the right to correct errors, update information, or cancel orders containing inaccurate information without prior notice—even after order submission.
We undertake no formal obligation to update or amend information except as required by law. The absence of a specific update date should not be interpreted as an indication that all information has been verified or modified recently.
12. Prohibited Activities
You are strictly prohibited from using our site or its content for:
- Any activity that violates local, state, federal, or international laws
- Encouraging others to engage in unlawful conduct
- Violating intellectual property rights
- Harassment, discrimination, or intimidation based on protected characteristics
- Submitting false or misleading information
- Introducing malware or destructive code
- Unauthorized collection of personal information
- Sending unsolicited messages or engaging in deceptive practices
- Interfering with website security systems
Violation of these prohibitions may result in immediate service termination.
13. Warranty Disclaimers and Liability Limitations
We make no guarantees that our services will be uninterrupted, error-free, or meet your specific requirements. All products and services are provided “as is” without warranties of any kind, either express or implied—including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Under no circumstances shall Smart Bargain, AFTR5 LLC, or our affiliates, directors, employees, contractors, or suppliers be liable for any direct, indirect, special, incidental, or consequential damages arising from your use of our services or products. This includes, but is not limited to, lost profits, data loss, business interruption, or personal injury. In jurisdictions that prohibit excluding certain liabilities, our responsibility shall be limited to the maximum extent permitted by law.
14. Indemnification
You agree to protect, defend, and hold harmless Smart Bargain, AFTR5 LLC, our affiliates, partners, officers, directors, employees, suppliers, and service providers from any claims, damages, liabilities, costs, or expenses (including reasonable attorney’s fees) arising from your violation of these terms or any applicable laws.
15. Severability
If any provision within these terms is deemed unlawful, void, or unenforceable, that specific provision shall be deemed severable and will not affect the validity of remaining provisions. The unenforceable portion shall be interpreted according to applicable law in a manner that best reflects the original intentions.
16. Termination Conditions
Obligations incurred prior to termination will survive the end of this agreement. These terms remain effective until terminated by either party. You may end this agreement by discontinuing use of our site or formally notifying us of your intention to terminate.
Smart Bargain may terminate or suspend your access immediately without notice if we determine you have violated these terms. Upon termination, you remain responsible for any outstanding payments or obligations incurred prior to the termination date.
17. Complete Agreement
Our failure to enforce any specific right or provision shall not constitute a waiver of such right. These terms, along with any policies referenced herein, constitute the entire agreement between you and Smart Bargain regarding the use of our services. This agreement supersedes any prior communications or proposals, whether oral or written.
Any ambiguity in the interpretation of these terms shall not be construed against the drafting party.
18. Governing Law
These terms and any separate service agreements shall be governed by and construed in accordance with United States law. Any disputes arising from these terms will be resolved according to applicable U.S. federal and state regulations.
19. Updates to Terms
The most current version of these terms will always be available on this page. Smart Bargain reserves the right to modify this agreement at our discretion by posting updates to our website. Your continued use of our services following the publication of revised terms constitutes acceptance of those changes.
We recommend reviewing these terms periodically to stay informed about your rights and obligations when using our services. If you have questions about our Terms of Service, please contact us at legal@smartbargain.shop or call us at 408-267-2206.
Last updated: July 2023