TANTUS TERMS OF SERVICE
This website is operated by Tantus, Inc. and billed as “SmithBlack” a subsidiary of Tantus, Inc. Throughout the site, the terms “we”, “us” and “our” refers to Tantus, Inc. offers this website, 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 (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, 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 for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (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 Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – PRODUCT RETURNS
Due to the nature of our business all products are non-returnable and non-refundable after the point of purchase. This is for health and safety reasons as we cannot ensure the sterility of items after they have left our manufacturing and shipping facility. If your product appears to have defects or imperfections we will handle those on a case by case basis. Please email us at email@example.com
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over 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 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION AND PRIVACY PRACTICES
This section describes our practices regarding the collection, use and disclosure of any information we might collect from you when you visit or use the Website. It also describes your options regarding what types of information is collected from you, how it is used, and what we do to protect your information.
WHEN YOU ACCESS THE WEBSITE, YOU THEREBY AGREE TO OUR PRIVACY PRACTICES – PLEASE READ IT CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, DO NOT ACCESS, CONTINUE TO ACCESS OR USE THE WEBSITE.
SECTION 11a - HOW AND WHAT INFORMATION MAY BE COLLECTED
Information may, now or later, be collected through a variety of means, including, without limitation, (i) automatically as you navigate through and interact with the Website, including via cookies, pixels, beacons, and other tracking technologies; (ii) via third parties, such as by certain of our service providers, and (iii) directly from you when you provide it to us, such as when you fill out forms on the Website, sign-up for a newsletter, make a purchase or your other activities on the Website.
Types of information that may be collected from and about you, include:
- Personal information – information that can be used to identify you personally including, without limitation, your name, signature, address, telephone number, e-mail address, screen name, credit card details, bank account or other payment information, and other information by which you may be personally identified either standing alone or which may become personally identifying when combined with other information.
- Non-personal information – information that does not identify Website users individually and that is not linked to any personal information including, without limitation, information regarding a Website user’s computer/device, Internet connection, IP address, browser types, operating systems or platforms, general geographic location, and the name and location of Internet Service Providers, information regarding the use of our Website (including referring pages and the exiting websites, clickstream data, the search terms you enter on the Website, browsing/navigation/visit history and details, and traffic patterns relating to the Website. Non-personal information may include personally identifiable information that has been de-identified/rendered anonymous.
Information You Provide: It is your choice whether to provide any non-automatically collected information to us; however, in some cases personal information will be required in order for you to make purchases, become a registered user or subscriber, gain access to certain features, services or content on the Website, to participate in certain Website activities or for us to provide certain services to you.
Cookies and Other Tracking Technologies: The Website may place “cookies”, a small file that may be stored on your device if your web browser or device settings permit, to collect certain information from you. Cookies allow us to customize your experience and respond to you as an individual in your use of the Website by recognizing you when you return, remembering your viewing preferences, username and passwords, etc. The Website may also use Flash Cookies or local stored objects in connection with your Website preferences and navigation.
The Website may currently or in future also utilize technology similar to cookies, such as pixel tags, web beacons and clear gifs, to enable us to optimize the content and usability of the Website, how the Website interacts with you, and to enable us to collect other information about you and your visit to the Website.
The information gathered by us and our service providers through cookies and similar technologies may be matched or combined with data provided by you or another party. To the extent that our service providers are using such technologies, we do not control such use of technologies or the resulting information, and are not responsible for the policies of such companies.
SECTION 11b - USE OF YOUR INFORMATION
SECTION 11c - SHARING OF YOUR INFORMATION
We may share non-personal information with any third parties for any lawful purpose. Unless otherwise prohibited by law, we may also disclose personal information collected from or about you to the following types of third parties and for the following purposes:
- Service Providers: We may share your information with our service providers and business partners in connection with services such as hosting, payment processing and billing, delivering packages and fulfillment, data storage, security, customer service, extended warranty services, credit reporting, customer relationship management, accounting, auditing, administering sweepstakes, surveys, email and mailing services, marketing or other relationships for joint marketing purposes or such partners’ own marketing purposes in connection with the operation of the Website or our business.
SECTION 11d - HOW WE RESPOND TO DO NOT TRACK SIGNALS
Some web browsers offer a “do not track” setting indicating your preferences regarding tracking, which is separate and distinct from declining cookies in your browser settings. The Website does not recognize web browser “do not track” signals at this time. We may work with third parties that use tracking technologies on the Website to facilitate the provision of personalized advertising materials to you. Such technologies may collect information about your activities on the Website over time and across third-party websites and services, your interaction with our advertising and communications, and use this information to determine which advertisements you see on third-party websites and applications.
SECTION 11e - ANALYTICS
In order to better understand and optimize our Website and your use of it, for business and market research purposes, for measuring conversion tracking, and measuring the effectiveness of our content and online advertising campaigns, we work with service providers to provide analytics data via cookies alone or in conjunction with unique identifiers, pixels, beacons and other tracking technologies which collect information about you when you use the Website.
For example, through our provider, Google Analytics, data is collect about use of the Website. We do not provide Google Analytics with your name, phone number, email address or credit card information and instead assign a random number to your usage so that Google Analytics can identify each unique user of our Website. If you prefer to limit or eliminate the data that Google Analytics collects about your use of our Website, use Google Analytics "Opt-out" option at: http://www.google.com/intl/en/analytics/privacyoverview.html
SECTION 11f - PUBLIC FORUMS
SECTION 11g - CHILDREN/SEXUALLY EXPLICIT MATERIAL
ALL CONTENT AND MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED ON THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE ALL THE CONTENT, MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENT AND MATERIALS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR ON THE WEBSITE. ANY ACCESS TO THE WEBSITE OR ANY OF ITS CONTENT AND MATERIALS BY A MINOR SHALL CONSTITUTE UNAUTHORIZED ACCESS TO STORED COMMUNICATIONS PROHIBITED BY THE STORED COMMUNICATIONS ACT, 18 U.S.C. SECTIONS 2510-2520 AND VIOLATIONS OF OTHER LAWS.
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE CONTENT AND MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, WHICH MAY INCLUDE, WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND/OR TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING FOR ENTERTAINMENT AND/OR EDUCATIONAL PURPOSES ONLY.
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
We do not knowingly collect personally identifiable information from individuals under the age of 18. If you are a parent or guardian of an individual under the age of 18 and believe he or she has disclosed personally identifiable information to us without your permission, please contact us at firstname.lastname@example.org or as provided in the “Contact Us” section below. A parent or guardian of a child under the age of 18 may request deletion of such child’s personally identifiable information as well as prohibit its use.
SECTION 11h - SECURITY
The security of your personal information is important to us and in order to prevent its unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect from you. However, no electronic storage, safeguards, security protocols nor means of transmitting data over the Internet can be nor is entirely safe and secure -- for example risks of computer viruses, malicious software and hacker attacks. Thus, while we strive to take reasonable steps to protect your personal information, we cannot and do not guarantee or warrant its security, and you agree that we are not responsible for its theft, destruction, or inadvertent disclosure. We also recommend that you do not include any non-public personal or sensitive personal information such as passwords, social security numbers, credit card details or bank account information in any emails that you send to us. We will not contact you by email or otherwise seeking such information.
SECTION 11i - OTHER WEBSITES/LINKS
SECTION 11j - CONTROLLING YOUR INFORMATION
You can contact us at any time, as described in the “Contact Us” section below, to update or correct certain personal information, to opt-out of receiving commercial (not transactional) emails, or otherwise inquire about your information. Also, if you have registered with or joined the Website, you can login to your account to change certain information and preferences.
Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.
We may, at times, provide you with the option to set your email preferences. You may also opt-out of receiving future commercial emails from us by following the “Unsubscribe” instructions contained in any commercial emails that you receive from us at any time and we will make the requested change in our active databases within a reasonable time. However, we may not be able to fulfill certain requests while allowing you access to certain benefits and features and you may continue to receive certain transactional, customer service, account and profile messages, and similar communications. Importantly, we may not be able to remove your personal information from the databases of third parties to whom we already provided your personal information as of the date of your opt-out request. Additionally, discussed above, you can also set your web browser to refuse browser cookies (but not Flash cookies).
SECTION 11k - CONTACT US
If you have any questions, comments or concerns about our Privacy practices, or if you would like to exercise the choices discussed above, please contact us (a) by email at email@example.com, or (b) by postal mail at Tantus, Inc. 945 Spice Islands Drive, Suite A, Sparks Nevada.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, product sizing, 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 in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tantus, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tantus, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 945 Spice Island Drive, Suite A, Sparks Nevada.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org