Returns, Terms of Use, Privacy Policy

Returns / Exchanges

All sales are final. We do not currently offer exchanges.

Terms of Use

Welcome to SMCO Band’s website located at smcoband.com (collectively, the "Site"). The following terms and conditions (the “Terms”) govern your use of the Site.

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy, each of which is incorporated by reference as if fully set forth herein.

You further certify that you are of the age of majority in the province or territory in which you are consenting to these Terms, and that you have all the necessary rights, power and authority to enter into these Terms and perform the obligations set forth under these Terms. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you fully accept and agree to these Terms.

1. Registration

In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. SMCO Band will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

When placing an order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by SMCO Band or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.

The collection, use and disclosure of any personal information that you provide to us via the Site is subject to our Privacy Policy.

2. Purchases

Some products or services made available through the Site may be available for purchase. By purchasing products or services made available through the Site, you represent that you have reached the age of majority and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf. SMCO Band may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on SMCO Band’s net income). To the extent that SMCO Band is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All sales are final.

3. General Restrictions on Use

You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):

a. Access any of the Services by any means other than through
the interface that is provided by SMCO Band;
b. Gain unauthorized access to SMCO Band’s computer system or
engage in any activity that interferes with the performance
of, or impairs the functionality or security of the Site, the
Services, SMCO Band’s networks and computer systems;
c. Access any of the Site or the Services through any
automated means or with any automated features or devices
(including use of scripts or web crawlers);
d. Access or collect any personally identifiable information,
including any names, email addresses or other such information
for any purpose, including, without limitation, commercial
purposes;
e. Reproduce, duplicate, copy, sell, trade, or resell any
aspect of the Site or the Services for any purpose; and
f. Reproduce, duplicate, copy, sell, trade or resell any
products or services bearing any trademark, service mark,
trade name, logo or service mark owned by SMCO Band in a way
that is likely or intended to cause confusion about the owner
or authorized user of such marks, names or logos.

4. Content

As between you and SMCO Band, SMCO Band owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and SMCO Band, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to SMCO Band or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal, state, and/or provincial trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms.

Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by SMCO Band on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to SMCO Band, and in consideration of your use of the Site and other good and valuable consideration which you acknowledge, you grant SMCO Band a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, SMCO Band shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

5. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.

6. Disclaimers and Warranties

SMCO Band reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. We also reserve the right to alter the terms or duration of any special offers or sale promotion. SMCO Band is not liable in case of stock outage or unavailability of products. We have made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor's display of any color will be accurate.

SMCO Band expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from error; (iii) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected; (iv) regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. SMCO Band assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms.

7. Limitation of Liability

IN NO EVENT WILL SMCO BAND BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL SMCO BAND’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF SMCO BAND AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

Without limiting the foregoing, you understand and acknowledge that SMCO Band shall not be liable to you for:

a. Any indirect, incidental, special, consequential, punitive
or exemplary losses which may be incurred by you arising out
of your use of, or inability to use, the Site or the Services,
including any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation, or
any loss of data suffered by you; or
b. Any loss or damage which may be incurred by you as a result
of: (i) any reliance placed by you on the completeness,
accuracy or existence of any advertising, or as a result of
any relationship or transaction between you and any advertiser
or sponsor whose advertising appears on the Site or the
Services; (ii) any changes that SMCO Band may make to the Site
or Services, or for any permanent or temporary cessation in
the provision of the Services (or any features within the
Services); (iii) the deletion of, corruption of, unauthorized
access to, or failure to store, any content and other
communications data maintained or transmitted by or through
your use of the Site or the Services; (iv) the use of any
products or services obtained on or through the Site; or (v)
any other matter relating to the Site, the Services, the Site
Content, or the Comments.

The limitations on SMCO Band’s liability to you in this Section 7 shall apply whether or not SMCO Band has been advised of or should have been aware of the possibility of any such losses arising, and will survive these Terms and your use of the Site and Services.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

8. Indemnity

You agree to defend, indemnify and hold harmless SMCO Band, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without the prior written consent of SMCO Band.

9. Links To Other Sites

The Site may contain links or references to other websites outside of our control. Links to other websites may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that SMCO Band has no control over these websites and that these Terms of Use do not apply to any third party sites. SMCO Band cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. SMCO Band encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

10. Complaint Procedures

If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify SMCO Band by email at SMCO info@smcoband.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

11. Governing Law

This Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of laws principles. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the Courts of the Province of Ontario, Canada. The parties expressly exclude the application of The United Nations Convention on Contracts for the International Sale of Goods to this Agreement.

12. Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between you and SMCO Band and govern your use of the Site, Services and any transactions you may have with SMCO Band through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and SMCO Band in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that SMCO Band may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, SMCO Band will make a new copy of the Terms available on the Site. You agree that SMCO Band is under no obligation to provide you with notices regarding changes to the Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if SMCO Band does not exercise or enforce any legal right or remedy which is contained in these Terms (or which SMCO Band has the benefit of under any applicable law), this will not be taken to be a formal waiver of SMCO Band’s rights and that those rights or remedies will still be available to SMCO Band. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

English shall be the language of these Terms and the Site, and all content, information and communication in connection with the Site, and the parties waive any right to use and rely upon any other language or translations. Il est la volonté express des parties que le présent Terms et Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

The Site is controlled and operated from within the United States. Without limiting anything else, SMCO Band makes no representation that the Site, Site Content, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in locations other than those indicated on our website, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

Privacy Policy

SMCO Band endeavors to protect your personal privacy. This Privacy Policy addresses SMCO Band’s practices regarding information collected from users of the web properties of SMCO Band, including but not limited to all main and subdomains of smcoband.com (collectively, the “Site”). This Privacy Policy does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from other websites, telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

This Privacy Policy is incorporated into SMCO Band’s Terms of Use for the Site by reference, as if set forth fully therein, which must be reviewed and accepted by you

The Site is not intended for individuals under the age of majority. We do not knowingly collect personal information online from visitors in this age group.

If you have any questions about our privacy policies, please contact us at SMCO info@smcoband.com. By providing your personal information to SMCO Band, you signify your acceptance of the Terms of Use and agree that SMCO Band may collect, use and disclose your personal information as described herein.

Information We May Collect

Personally Identifiable Information

For purposes of this Privacy Policy, “personally identifiable information” means any information about an identifiable individual, as more particularly defined or limited under applicable law , including name, address, telephone number, email address, and other information incidental to providing goods or services (also referred to herein as “personal information”). We collect personal information from you only when you voluntarily provide us with this information, such as when placing an order on the Site, establishing an account, contacting us with a question or comment, utilizing an "Email to a Friend" feature, or signing up to receive emails about our latest products and services.

Browsing Information and Cookies

When you visit the Site, our web servers may automatically recognize certain non-personally identifiable information about you, such as your domain name, access provider, IP address, and browser language. The Site also uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited.

If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Site, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.

How We Use Your Information

By providing personally identifiable information to us, we are better able to match your interests. SMCO Band may use your personally identifiable information to process and fulfill orders, send emails to confirm your order status and shipment, to communicate with you and to send you information by email, postal mail, or other means about our products, services, contests, and promotions. In general, we use personal information collected on the Site for the specific purpose for which it was volunteered; to help develop better products, and/or market, sell, or provide products and services; and to comply with any legal or regulatory requirements, process or provisions. In order to better serve you, we may combine information you provide to us on the Site with information from third parties, including demographic or public information.

How We May Share Your Information

We may share information collected through the Site with our subsidiaries, affiliated companies, and like-minded business partners for the purpose of providing you with the products and services you seek from the Site. We may also share your mailing address and shopping history with other catalog mail companies.

From time to time, SMCO Band may disclose the data collected through the Site, including personally identifiable information, to other persons or entities. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. Additionally, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform functions on our behalf or to provide services to us. These services include:

a. Order fulfillment, warehousing, and delivery;
b. Advertising, marketing, surveys, and promotions, including
partnerships and teaming efforts with other companies whose
products or services we think you might enjoy;
c. Information technology and office services, including
software and website development, website hosting, management
and evaluation, and data processing, exchange, and cross
referencing;
d. Payment processing services, fraud protection, and credit
risk reduction; and
e. Legal, accounting, audit and other professional service
providers.

To learn more about behavioral advertising and your options with these practices, you can visit www.networkadvertising.org/choices, https://www.datalogix.com/privacy, and http://www.aboutads.info/choices.

SMCO Band may also disclose the data collected through the Site, including personally identifiable information, to another party with which SMCO Band enters or reasonably may enter into a corporate transaction, such as a merger, consolidation, acquisition, or asset purchase. In the event that SMCO Band or its assets is acquired by another company, or due to any merger, reorganization or liquidation, customer information may be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise.

We reserve the right to disclose information about you to a third party pursuant to a subpoena, court order, or other form of legal process, or in response to a request by or on behalf of any local, provincial, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process.

Managing Your Personal Information and Options

You may use the Site without providing any personally identifiable information.

We want to communicate with you only if you want to hear from us. If you have established an account on the Site or signed up to receive electronic newsletters or promotional emails from SMCO Band, including new ideas, special offers, and event information, or to otherwise receive communications about our products and services, you will have the right at any time to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. Should you ever decide to delete your account, you may do so by emailing SMCO info@smcoband.com.

If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. SMCO Band will continue to send you non-promotional, service emails concerning your account, such as emails relating to available upgrades, billing and payment information, outstanding balance on your account, and other emails relating to your account and/or your use of the Site.

At your request, SMCO Band will confirm what personal information it collects or holds about you, and will correct, update and/or remove such information. You may contact SMCO Band for any of the foregoing at SMCO info@smcoband.com. If you ask that SMCO Band stops using or sharing your personally identifiable information, we will honor that request. However SMCO Band may retain records of your personally identifiable information for a period of time; for example, to follow-up on a request, resolve a dispute or for similar reasons or in order to comply with applicable federal, provincial, or local law. In addition, some personal information may also continue to be stored on back-up files for financial, legal, or technical reasons.

Security

The security of your personally identifiable information is important to us and SMCO Band is committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. We use secure socket layer technology to protect the security of your payment information and we encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

The Site may also contain links to third party websites, for the convenience of users in locating information, products, or services that may be of interest. If you access a third party website from a link on this Site, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. We are not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other websites, advertisers, and any third parties.

Updating this Privacy Policy

We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.

Questions or Concerns

If you have any feedback, questions, or concerns regarding privacy, please send us a detailed message to SMCO info@smcoband.com; we will make every effort to resolve your concerns.