Terms Of Service
SmartFindsAmerica.com — Terms of Service
Last updated: August 31, 2025
OVERVIEW
Welcome to SmartFindsAmerica.com! The terms “we”, “us” and “our” refer to SmartFindsAmerica.com.
SmartFindsAmerica.com 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”).
SmartFindsAmerica.com is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK].
If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - 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, including accessing or browsing our online stores or purchasing any of the products or services we offer, 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 in our stores is correct, current and complete and that you have all rights necessary to provide this information.
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.
SECTION 2 – PRODUCTS AND FULFILLMENT PARTNERS
SmartFindsAmerica.com operates as a multi-seller marketplace platform, where products are offered and fulfilled by a network of independent third-party sellers (“Fulfillment Partners”). Each listing on our platform identifies the item offered for sale, and in many cases, indicates the Fulfillment Partner responsible for shipping and customer service related to that order.
We make every effort to ensure accurate product descriptions, images, and details across the marketplace. However, because each Fulfillment Partner provides their own content, SmartFindsAmerica.com cannot guarantee that all information is completely accurate, complete, or free of errors. Colors, materials, and product appearance may also vary slightly from how they appear on your device due to differences in displays and settings.
SmartFindsAmerica.com does not manufacture, warehouse, or inspect every item sold on the platform. Products are listed, stocked, and shipped by our Fulfillment Partners, who are solely responsible for ensuring product quality, authenticity, and compliance with applicable laws.
We reserve the right to modify, update, or remove product listings at any time without notice, including discontinuing listings, restricting availability by region, or adjusting pricing as determined by either SmartFindsAmerica.com or its Fulfillment Partners.
SECTION 3 – ORDERS
When you place an order through SmartFindsAmerica.com, you are making an offer to purchase the selected item(s) from the listed Fulfillment Partner. SmartFindsAmerica.com facilitates the transaction between you and that Partner but is not the seller of record for most products.
Your order will not be considered accepted until the Fulfillment Partner or SmartFindsAmerica.com confirms acceptance and payment has been processed. Orders may be declined or canceled at any time before shipment for reasons including product unavailability, pricing or listing errors, payment issues, or suspected fraudulent activity.
If an order is modified or canceled, we will notify you by the email, billing address, or phone number provided at checkout.
All purchases are subject to our Refund and Return Policy, which explains how to request a return or exchange and who to contact depending on the Partner fulfilling your order.
SECTION 4 – PRICING AND BILLING
Each Fulfillment Partner sets its own prices, shipping rates, and available promotions. Prices and discounts may change at any time without notice and may vary between SmartFindsAmerica.com and other online or in-store channels.
The price charged for a product is the price in effect at the time your order is placed and will appear in your order confirmation. Unless otherwise noted, prices do not include taxes, shipping, or import fees, which will be calculated and displayed at checkout.
You agree to provide current, complete, and accurate billing and contact information so your orders can be processed efficiently. By completing a purchase, you authorize SmartFindsAmerica.com or its payment processor to charge your selected payment method for the total amount shown, including applicable taxes and fees.
SECTION 5 – SHIPPING AND DELIVERY
Fulfillment Partners are responsible for packing, labeling, and shipping their own products. Shipping times and methods vary depending on the Partner and destination.
Estimated delivery times are provided for convenience and are not guaranteed. SmartFindsAmerica.com and its Fulfillment Partners are not liable for delays caused by carriers, weather, customs, or other circumstances beyond our control.
Ownership and risk of loss transfer to you once the item is handed to the shipping carrier. Tracking information will be provided when available, and any delivery-related issues should first be directed to the Fulfillment Partner identified in your order confirmation.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by SmartFindsAmerica.com, 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, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of SmartFindsAmerica.com, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SmartFindsAmerica.com.
SmartFindsAmerica.com’s names, logos, product and service names, designs, and slogans are trademarks of SmartFindsAmerica.com or its affiliates or licensors. You must not use such trademarks without the prior written permission of SmartFindsAmerica.com. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - 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.
You acknowledge and agree that 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.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
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. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
SmartFindsAmerica.com 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 SmartFindsAmerica.com. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and SmartFindsAmerica.com, 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 SmartFindsAmerica.com.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
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. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - 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 also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
SECTION 12 - 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 (including after you have submitted your order).
SECTION 13 - 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 or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
(g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm SmartFindsAmerica.com, Shopify, or users of the Services, or expose them to liability.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) 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.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY SmartFindsAmerica.com, 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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SmartFindsAmerica.com, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless SmartFindsAmerica.com, 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 your breach of these Terms of Service or your violation of any law or rights of a third party.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions will remain in full effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Failure to enforce any right or provision is not a waiver.
These Terms and any related policies constitute the entire agreement between you and SmartFindsAmerica.com.
SECTION 20 - ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign them freely.
SECTION 21 - GOVERNING LAW
These Terms and any agreements for Services shall be governed by the laws of the State of Texas, USA. You and SmartFindsAmerica.com consent to jurisdiction in Brazos County, Texas.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update, change, or replace these Terms at any time by posting revisions to our website. Continued use of the Services constitutes acceptance of those changes.
