Terms of service

*Overview*

This website is operated by Smoxygen. Throughout this site, the terms "we", "us", and "our" refer to Smoxygen. Smoxygen provides this website, along with all information, tools, and services available on this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or making a purchase from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content. Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.

*Section 1 - Online Store Terms*

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

*Section 2 - General Conditions*

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

*Section 3 - Accuracy, Completeness, and Timeliness of Information*

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

*Section 4 - Modifications to the Service and Prices*

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

*Section 5 - Products or Services (if applicable)*

Certain products or services may be exclusively available online through the website. These items may have limited quantities and are only eligible for return or exchange in accordance with our Return Policy.

We have made every effort to accurately display the colors and images of our products on the website. However, we cannot guarantee that the color representation on your computer monitor will be entirely accurate.

While we reserve the right to limit the sales of our products or services to specific individuals, geographic regions, or jurisdictions, we are not obligated to do so. This decision may be made on a case-by-case basis. Additionally, we reserve the right to restrict the quantities of any products or services offered.

All descriptions of products or pricing are subject to change without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services on the site are void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or acquired will meet your expectations, or that errors in the Service will be rectified.

*Section 6 - Accuracy of Billing and Account Information*

We reserve the right to refuse any orders placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders made under the same customer account, credit card, billing address, or shipping address.

If we make changes to or cancel an order, we will attempt to notify you using the email address or billing address/phone number provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be from dealers, resellers, or distributors.

By making a purchase on our store, you agree to provide current, complete, and accurate account information. It is your responsibility to promptly update your account information, including email address, credit card details, and expiration dates, to facilitate transactions and communication.

For further details, please refer to our Returns Policy.

*Section 7 - Optional Tools*

We may offer access to third-party tools on the website that we do not monitor, control, or have input on. By using these tools, you acknowledge and agree that they are provided "as is" and "as available" without any warranties, representations, or conditions, and without our endorsement. We bear no liability arising from or related to your use of these optional third-party tools.

Your use of these tools is at your own risk and discretion, and you should ensure that you understand and approve of the terms provided by the relevant third-party provider(s). Any new services or features introduced on the website in the future, including new tools and resources, will also be subject to these Terms of Service.

*Section 8 - Third-Party Links*

Some content, products, and services available through our Service may include materials from third parties. Links to third-party websites on our site may lead you to websites not affiliated with us. We do not examine or evaluate the content or accuracy of these third-party materials, and we do not warrant or hold any liability for them.

We are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any transactions made on third-party websites. Before engaging in any transaction, please carefully review the policies and practices of the third party. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

*Section 9 - User Comments, Feedback, and Other Submissions*

If you submit certain materials at our request or independently (such as contest entries or creative ideas), you agree that we have the right to edit, copy, publish, distribute, translate, and use these submissions in any medium without restrictions. We are not obligated to maintain comments in confidence, compensate for them, or respond to them.

We may monitor, edit, or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable. Your comments should not violate any third-party rights, contain unlawful or abusive material, or introduce malware. You are responsible for the accuracy of your comments, and we do not assume liability for any comments posted by you or others.

*Section 10 - Personal Information*

Your submission of personal information through the store is governed by our Privacy Policy. To review our Privacy Policy, please refer to the designated section.

*Section 11 - Errors, Inaccuracies, and Omissions*

At times, there may be inaccuracies, errors, or omissions in the information presented on our site or in the Service regarding product descriptions, pricing, promotions, product shipping charges, transit times, and availability. We reserve the right to rectify any errors, inaccuracies, or omissions, and to modify or cancel orders if any information on the Service or related websites is found to be inaccurate, without prior notice (even after an order has been placed). We are not obligated to update or clarify information on the Service or related websites, except as required by law. Any specified update or refresh date should not be construed as an indication that all information has been revised or updated.

*Section 12 - Prohibited Uses*

Apart from the prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for unlawful purposes, soliciting unlawful acts, violating regulations or laws, infringing upon intellectual property rights, harassing individuals based on various factors, providing false information, transmitting viruses, collecting personal information of others, engaging in spamming, or interfering with the security features of the Service. We reserve the right to terminate your use of the Service or related websites if you violate any of these prohibited uses.

*Section 13 - Disclaimer of Warranties; Limitation of Liability*

We do not guarantee that your use of the service will be error-free or uninterrupted. We do not warrant the accuracy or reliability of results obtained from the service. You agree that we may suspend or cancel the service at any time without notice. Your use of the service is at your own risk, and the service and all products/services provided are on an "as is" and "as available" basis, without any warranties or conditions, except as expressly stated.

*Section 14 - Indemnification*

You agree to indemnify, defend, and hold Smoxygen harmless from any claims or demands arising from your breach of the Terms of Service or violation of any law or third-party rights.

*Section 15 - Severability*

If any provision of these Terms of Service is deemed unlawful or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

*Section 16 - Termination*

The obligations and liabilities of both parties prior to termination will survive the termination of the agreement. These Terms of Service are effective until terminated by either party. We may terminate the agreement if you fail to comply with the terms without notice.

*Section 17 - Entire Agreement*

These Terms of Service constitute the entire agreement between you and us, superseding any prior agreements. Ambiguities in interpretation shall not favor any party.

*Section 18 - Governing Law*

These Terms of Service are governed by the laws of the United States.

*Section 19 - Changes to Terms of Service*

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update these terms at our discretion by posting updates on our website.

*Section 20 - Contact Information*

For questions regarding the Terms of Service, please contact us at info@smoxygen.com.