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Terms and Conditions

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Smiley's Home Distilling. The collective work includes works that are licensed to Smiley's Home Distilling. Copyright 2002, Smiley's Home Distilling ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Smiley's Home Distilling or purchasing Smiley's Home Distilling products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Smiley's Home Distilling or to purchase Smiley's Home Distilling products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Smiley's Home Distilling. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks and trade names of Smiley's Home Distilling used in the site are trademarks or registered trademarks of Smiley's Home Distilling


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Smiley's Home Distilling disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Smiley's Home Distilling does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Smiley's Home Distilling does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability

Smiley's Home Distilling shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Smiley's Home Distilling has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Internation Shipping Limitation of Liability

Smiley's Home Distilling shall not be liable for the loss or undeliverability of orders shipped outside of the USA. Smiley's Home Distilling will insure orders to all countries where insurance is available.


Typographical Errors

In the event that a Smiley's Home Distilling product is mistakenly listed at an incorrect price, Smiley's Home Distilling reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Smiley's Home Distilling reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Smiley's Home Distilling shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Smiley's Home Distilling without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice

Smiley's Home Distilling may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Smiley's Home Distilling.


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Smiley's Home Distilling products) shall be in the state or federal courts located in Tarrant County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Smiley's Home Distilling products) must be commenced within one (1) year after the claim or cause of action arises. Smiley's Home Distilling's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Smiley's Home Distilling may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Smiley's Home Distilling or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer

Smiley's Home Distilling does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Smiley's Home Distilling is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Smiley's Home Distilling reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Smiley's Home Distilling in its sole discretion.


Indemnification

You agree to indemnify, defend, and hold harmless Smiley's Home Distilling, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


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