Last Updated: 03/11/2024.
PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO
NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE
OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement
between you and Smacks Bayou Apparel Company (hereinafter "Smacks Bayou Apparel"), a
company duly organized and validly existing, located at 3750 10th St NE, Saint Petersburg,
Florida 33704. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (smacksbayou.com) is operated by Smacks Bayou Apparel. Throughout the Site, the
terms "we", "us" and "our" refer to Smacks Bayou Apparel. Smacks Bayou Apparel offers this
Site, including all information, tools and services available from 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 purchasing something from us, you engage in our "Service" and
agree to be bound by the following terms and conditions, including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms apply to
all users of the Site, including without limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content. In the event of an inconsistency between this
Agreement and any additional terms or policies referenced herein, the provisions of the
additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using
any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms
of this Agreement, then you may not access the Site or use any Service. If these Terms are
considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the
Terms. You can review the most current version of the Terms at any time on this page. We
reserve the right to update, change or replace any part of these Terms by posting updates and/
or changes to our Site. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent 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 you have given us your consent to allow any of your minor dependents to use
this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in
the use of our products or Site, violate any laws in your jurisdiction (including but not limited
to motor vehicle 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
account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole
discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you cannot opt
out of receiving these notices.
You understand that your content (not including 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 Site, use
of the Site, or access to the Site or any contact on the Site, without express written permission
by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. Smacks Bayou Apparel content is not for resale. Use of the Site does not entitle users
to make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express
written permission of Smacks Bayou Apparel and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of Smacks Bayou Apparel or our licensors
except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Smacks Bayou Apparel Site.
The terms "member," "membership," and "account" all refer to this registration as a member
on Smacks Bayou Apparel's Site. If you are merely surfing or browsing through the Site and
have not yet created an account, your use of the Site is still subject to this Agreement; if you
do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask
you to create a password. Because any activities that occur under your username or password
are your responsibility it is important for you to keep your username and/or password secure.
You may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that Smacks Bayou Apparel is not responsible for third party access to your
account that results from theft or misappropriation of your account. Notify us immediately if
you believe that someone has used your username, email, or password without your
authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort
to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete
nature, Smacks Bayou Apparel Company will have sufficient grounds and rights to suspend or
terminate the member in violation of this aspect of the Agreement, and as such refuse any and
all current or future use of Smacks Bayou Apparel Company Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the Smacks Bayou Apparel Services, and as such, we do
not guarantee the accuracy, integrity or quality of such content. It is expressly understood that
by use of our Services, you may be exposed to content including, but not limited to, any errors
or omissions in any content posted, and/or any loss or damage of any kind incurred as a result
of the use of any content posted, emailed, transmitted or otherwise made available by Smacks
Bayou Apparel.
Furthermore, you herein agree not to make use of Smacks Bayou Apparel Company's Services
for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any
content that shall be deemed unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Smacks
Bayou Apparel officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or fiduciary
relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content
that may infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you
do not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that
may contain a software virus or other computer code, any files and/or programs which
have been designed to interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Smacks Bayou Apparel Company Services, servers
and/or networks that may be connected or related to our website, including, but not
limited to, the use of any device software and/or routine to bypass the robot exclusion
headers;
k) intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any rules of
any nation or other securities exchange, that would include without limitation, the New
York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to Section 219 of the
Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in
the aforementioned paragraphs.
Smacks Bayou Apparel Company herein reserves the right to pre-screen, refuse and/or delete
any content currently available through our Services. In addition, we reserve the right to
remove and/or delete any such content that would violate the Terms or which would otherwise
be considered offensive to other visitors, users and/or members.
Smacks Bayou Apparel Company herein reserves the right to access, preserve and/or disclose
member account information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of
any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Smacks Bayou Apparel
Company, its visitors, users and members, including the general public.
Smacks Bayou Apparel Company herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and that such use
of information and/or material is subject to usage guidelines and regulations established by
Smacks Bayou Apparel Company or any other content providers supplying content services to
Smacks Bayou Apparel Company. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in part, is expressly
prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT
COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
content. Uploading, posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export
and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/
complianceandenforcement/liststocheck.htm) nor a member of any other government
which may be part of an export-prohibited country identified in applicable export and
import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable export and/or
import laws.
SECTION 5 - SUBMITTED CONTENT
Smacks Bayou Apparel Company shall not lay claim to ownership of any content submitted by
any visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Smacks Bayou Apparel Company the
below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible
areas of Smacks Bayou Apparel Company's Sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services is for the sole purpose of providing and promoting
the specific area to which this content was placed and/or made available for viewing.
This license shall be available so long as you are a member of Smacks Bayou Apparel
Company's sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on
the publicly accessible areas of Smacks Bayou Apparel Company's sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services are for the sole purpose of
providing and promoting the specific area in which this content was placed and/or
made available for viewing. This license shall be available so long as you are a
member of Smacks Bayou Apparel Company's sites and shall terminate at such time
when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Smacks Bayou Apparel Company's sites, the continuous, binding
and completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display
said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Smacks Bayou Apparel
Company's Sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and groups that are
openly available to both users and members. However, those areas which are not open to the
public, and thus available to members only, would include our mail system and instant
messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Smacks Bayou Apparel Company may provide an area for our user and members to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary
information;
b) Smacks Bayou Apparel shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) Smacks Bayou Apparel shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of
Smacks Bayou Apparel; and
e) Smacks Bayou Apparel is under no obligation to either compensate or provide any
form of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and hold Smacks Bayou Apparel Company, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a member or user of our Site
may submit, post, modify, transmit or otherwise make available through our Services, the use
of Smacks Bayou Apparel Services or your connection with these Services, your violations of
the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to Smacks Bayou Apparel's sites.
SECTION 8 - MODIFICATIONS
Smacks Bayou Apparel Company reserves the right at any time it may deem fit, to modify,
alter and or discontinue, whether temporarily or permanently, our service, or any part thereof,
with or without prior notice. In addition, we shall not be held liable to you or to any third party
for any such alteration, modification, suspension and/or discontinuance of our Services, or any
part thereof.
SECTION 9 - TERMINATION
As a member of smacksbayou.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or termination request
to .
As a member, you agree that Smacks Bayou Apparel Company may, without any prior written
notice, immediately suspend, terminate, discontinue and/or limit your account, any email
associated with your account, and access to any of our Services. The cause for such
termination, discontinuance, suspension and/or limitation of access shall include, but is not
limited to:
a) any breach or violation of our Terms or any other incorporated agreement,
regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with
your smacksbayou.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with smacksbayou.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within
smacksbayou.com;
b) the deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part thereof;
and
c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Smacks Bayou Apparel Company or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not responsible for
the availability of any such external sites or resources, and as such, we do not endorse nor are
we responsible or liable for any content, products, advertising or any other materials, on or
available from such third-party sites or resources. Furthermore, you acknowledge and agree
that Smacks Bayou Apparel Company shall not be responsible or liable, directly or indirectly,
for any such damage or loss which may be a result of, caused or allegedly to be caused by or
in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Smacks Bayou Apparel Company's Services and
any essential software that may be used in connection with our Services ("Software") shall
contain proprietary and confidential material that is protected by applicable intellectual
property rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Smacks Bayou Apparel Company or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on Smacks Bayou
Apparel Company Services (e.g. Content or Software), in whole or part.
Smacks Bayou Apparel Company hereby grants you a personal, non-transferable and nonexclusive
right and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest
in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree
not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided
by Smacks Bayou Apparel Company for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SMACKS BAYOU APPAREL COMPANY SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. SMACKS BAYOU APPAREL COMPANY AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SMACKS BAYOU APPAREL COMPANY AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
SUCH WARRANTIES THAT (i) SMACKS BAYOU APPAREL
COMPANY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) SMACKS BAYOU APPAREL COMPANY SERVICES OR SOFTWARE SHALL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SMACKS
BAYOU APPAREL COMPANY SERVICES OR SOFTWARE WILL BE ACCURATE
OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET
YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF SMACKS BAYOU APPAREL COMPANY SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND
HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF
DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM SMACKS BAYOU APPAREL
COMPANY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME
DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SMACKS
BAYOU APPAREL COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR
SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release Smacks Bayou Apparel Company (and its
officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SECTION 15 - NOTICE
Smacks Bayou Apparel Company may furnish you with notices, including those with regards
to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS,
text messaging, postings on our website Services, or other reasonable means currently known
or any which may be herein after developed. Any such notices may not be received if you
violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your
acceptance of this Agreement constitutes your agreement that you are deemed to have received
any and all notices that would have been delivered had you accessed our Services in an
authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Smacks Bayou Apparel
Company trademarks, copyright, trade name, service marks, and other Smacks Bayou Apparel
Company logos and any brand features, and/or product and service names are trademarks and
as such, are and shall remain the property of Smacks Bayou Apparel Company. You herein
agree not to display and/or use in any manner the Smacks Bayou Apparel Company logo or
marks without obtaining Smacks Bayou Apparel Company's prior written consent.
Smacks Bayou Apparel Company will always respect the intellectual property of others, and
we ask that all of our users do the same. With regards to appropriate circumstances and at its
sole discretion, Smacks Bayou Apparel Company may disable and/or terminate the accounts
of any user who violates our Terms and/or infringes the rights of others. If you feel that your
work has been duplicated in such a way that would constitute copyright infringement, or if you
believe your intellectual property rights have been otherwise violated, you should provide to
us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf
of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon
your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Smacks Bayou Apparel Company agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
Smacks Bayou Apparel Company
Attn: Copyright Agent
3750 10th St NE
Saint Petersburg, Florida 33704
Telephone: 7275600999
Email: info@smacksbayou.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Smacks Bayou Apparel
Company and shall govern the use of our Services, superseding any prior version of this
Agreement between you and us with respect to Smacks Bayou Apparel Company Services.
You may also be subject to additional terms and conditions that may apply when you use or
purchase certain other Smacks Bayou Apparel Company Services, affiliate Services, thirdparty
content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Smacks Bayou Apparel Company with regard to
the Agreement that the relationship between the parties shall be governed by the laws of the
state of Florida without regard to its conflict of law provisions and that any and all claims,
causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship
between you and Smacks Bayou Apparel Company, shall be filed within the courts having
jurisdiction within the County of United States, Florida or the U.S. District Court located in
said state. You and Smacks Bayou Apparel Company agree to submit to the jurisdiction of the
courts as previously mentioned, and agree to waive any and all objections to the exercise of
jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Smacks Bayou Apparel Company fail to exercise or enforce any right or
provision of the Agreement, such failure shall not constitute a waiver of such right or
provision. If any provision of this Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the Agreement
remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated and all contents therein
permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the Agreement must
be filed within 3 Months year(s) after said claim or cause of action arose or shall be forever
barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement to Smacks Bayou Apparel Company as
follows:
Mailing Address:
Smacks Bayou Apparel Company
3750 10th St NE
Saint Petersburg, Florida 33704
Telephone: 7275600999
Email: info@smacksbayou.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our
systems, or to ensure the integrity and operation of our business and systems, we may access
and disclose any information we consider necessary or appropriate, including and without
limitation, your information, IP address, and usage history. Our right to disclose any such
information is governed by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Smacks Bayou Apparel from our offices
within the USA. If you access the Site from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use Smacks Bayou Apparel's
content accessed through the Site in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains 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 on the Site or on any related Site is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any
related Site, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Site or on any related Site, should be taken to
indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 26 - PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected
by the Smacks Bayou Apparel Company Online Privacy Policy (see the full Privacy Policy at
https://www.smacksbayou.com/privacy-policy). As a member, you herein consent to the
collection and use of the information provided, including the transfer of information within the
United States and/or other countries for storage, processing or use by Smacks Bayou Apparel
Company and/or our subsidiaries and affiliates.