Terms and Conditions
Effective Date: October 15, 2021
Site Covered: jessesmathers.com
THE AGREEMENT: The use of this website and services on this website provided by
Jesse Smathers (hereinafter referred to as "Company") are subject to the
following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of
which are specifically incorporated by reference here. This Agreement shall govern the
use of all pages on this website (hereinafter collectively referred to as "Website") and
any services provided by or on this Website ("Services").
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the
Website, makes the Website, and certain Services on it, available to users.
Jesse Smathers, Company, Us, We, Our, Ours and other first-person
pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to
throughout this Agreement with second-person pronouns such as You, Your, Yours,
or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be
referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement
and that You agree to be bound by it. If You do not agree to be bound by this
Agreement, please leave the Website immediately. The Company only agrees to provide
use of this Website and Services to You if You assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the
Website or Services. Such information may include, but is not limited to, documentation,
data, or information developed by the Company, and other materials which may assist in
Your use of the Website or Services ("Company Materials"). Subject to this Agreement,
the Company grants You a non-exclusive, limited, non-transferable and revocable
license to use the Company Materials solely in connection with Your use of the Website
and Services. The Company Materials may not be used for any other purpose, and this
license terminates upon Your cessation of use of the Website or Services or at the
termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property
of the Company, including all copyrights, trademarks, trade secrets, patents, and other
intellectual property ("Company IP"). You agree that the Company owns all right, title
and interest in and to the Company IP and that You will not use the Company IP for any
unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP
in any way, including electronically or via registration of any new trademarks, trade
names, service marks or Uniform Resource Locators (URLs), without express written
permission from the Company.
5) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose
prohibited under this clause. You agree not to use the Website or Services in any way
that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software
that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or
discrimination towards any group;
VIII) To unlawfully gather information about others.
6) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain
information. By using the Website or the Services, You authorize the Company to use
Your information in the United States and any other country where We may operate.
a) Information We May Collect or Receive: Depending on how You use Our Website
or Services, We may receive information from external applications You use to
access Our Website, or We may receive information through various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure
Your continued good experience on Our website. We may also track certain of the
passive information received to improve Our marketing and analytics, and for this,
We may work with third-party providers, including other marketers.
c) How You Can Protect Your Information: If You would like to disable Our access to
any passive information We receive from the use of various technologies, You may
choose to disable cookies in Your web browser.
The Company may sell goods or services or allow third parties to sell goods or services
on the Website. The Company undertakes to be as accurate as possible with all
information regarding the goods and services, including product descriptions and
images. However, the Company does not guarantee the accuracy or reliability of any
product information, and You acknowledge and agree that You purchase such products
at Your own risk.
8) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and You
acknowledge and affirm that prices are subject to change. When purchasing a physical
good, You agree to provide Us with a valid email and shipping address, as well as valid
billing information. We reserve the right to reject or cancel an order for any reason,
including errors or omissions in the information that You provide to us. If We do so after
payment has been processed, We will issue a refund to You in the amount of the
purchase price. We also may request additional information from You prior to confirming
a sale, and We reserve the right to place any additional restrictions on the sale of any of
Our products. You agree to ensure payment for any items You may purchase from Us,
and You acknowledge and affirm that prices are subject to change. For the sale of
physical products, We may preauthorize Your credit or debit card at the time You place
the order, or We may simply charge Your card upon shipment. You agree to monitor
Your method of payment. Shipment costs and dates are subject to change from the
costs and dates that You are quoted due to unforeseen circumstances. For any
questions, concerns, or disputes, You agree to contact Us in a timely manner at the
If You are unhappy with anything You have purchased on Our Website, You may do the following:
If you’re looking to return or exchange your order for whatever reason, we're here to
help! We offer free returns or exchanges within 30 days of purchase. You can return
your product for store credit, a different product, or a refund to the original payment
method. Please note that returned items must have no visible signs of wear or use.
You will be responsible for return shipping.
To initiate a return or exchange, please complete the form on the Contact page, and
we will be happy to assist you.
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access,
circumvention of encryption or other security tools, data mining or interference to
any host, user or network.
10) DATA LOSS
The Company does not accept responsibility for the security of Your account or content.
You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable)
and hold Us harmless against any and all legal claims and demands, including
reasonable attorney's fees, which may arise from or relate to Your use or misuse of the
Website or Services, Your breach of this Agreement, or Your conduct or actions. You
agree that the Company shall be able to select its own legal counsel and may participate
in its own defense, if the Company wishes.
12) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for
illegal spam activities, including gathering email addresses and personal information
from others or sending any mass commercial emails.
13) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You
agree that the Company is not responsible or liable for any loss or damage caused as a
result of Your use of any third party services linked to from Our Website.
14) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this
Agreement. You agree that the Company has the right to modify this Agreement or
revise anything contained herein. You further agree that all modifications to this
Agreement are in full force and effect immediately upon posting on the Website and that
modifications or variations will replace any prior version of this Agreement, unless prior
versions are specifically referred to or incorporated into the latest modification or
variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid
by any court of law, You agree that the prior, effective version of this Agreement
shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date
posted at the top of this Agreement to note modifications or variations. You further
agree to clear Your cache when doing so to avoid accessing a prior version of this
Agreement. You agree that Your continued use of the Website after any
modifications to this Agreement is a manifestation of Your continued assent to this
c) In the event that You fail to monitor any modifications to or variations of this
Agreement, You agree that such failure shall be considered an affirmative waiver of
Your right to review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to
any and all use of this Website. This Agreement supersedes and replaces all prior or
contemporaneous agreements or understandings, written or oral, regarding the use of
16) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform
maintenance or emergency services on a scheduled or unscheduled basis. You agree
that Your access to the Website may be affected by unanticipated or unscheduled
downtime, for any reason, but that the Company shall have no liability for any damage or
loss caused as a result of such downtime.
17) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with
or without cause. The Company specifically reserves the right to terminate this
Agreement if You violate any of the terms outlined herein, including, but not limited to,
violating the intellectual property rights of the Company or a third party, failing to comply
with applicable laws or other legal obligations, and/or publishing or distributing illegal
material. If You have registered for an account with Us, You may also terminate this
Agreement at any time by contacting Us and requesting termination. At the termination
of this Agreement, any provisions that would be expected to survive termination by their
nature shall remain in full force and effect.
18) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk
and that any Services provided by Us are on an "As Is" basis. The Company hereby
expressly disclaims any and all express or implied warranties of any kind, including, but
not limited to the implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. The Company makes no warranties that the Website or
Services will meet Your needs or that the Website or Services will be uninterrupted,
error-free, or secure. The Company also makes no warranties as to the reliability or
accuracy of any information on the Website or obtained through the Services. You agree
that any damage that may occur to You, through Your computer system, or as a result of
loss of Your data from Your use of the Website or Services is Your sole responsibility
and that the Company is not liable for any such damage or loss.
19) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your
use of the Website or Services, to the fullest extent permitted by law. The maximum
liability of the Company arising from or relating to this Agreement is limited to the greater
of one hundred ($100) US Dollars or the amount You paid to the Company in the last six
(6) months. This section applies to any and all claims by You, including, but not limited
to, lost profits or revenues, consequential or punitive damages, negligence, strict liability,
fraud, or torts of any kind.
20) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this
Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website
or Services, You agree that the laws of the State of Virginia shall govern any matter
or dispute relating to or arising out of this Agreement, as well as any dispute of any
kind that may arise between You and the Company, with the exception of its conflict
of law provisions. In case any litigation specifically permitted under this Agreement
is initiated, the Parties agree to submit to the personal jurisdiction of the state and
federal courts of the following county: Floyd County, Virginia. The Parties agree that
this choice of law, venue, and jurisdiction provision is not permissive, but rather
mandatory in nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out
of this Agreement, the Parties shall first attempt to resolve the dispute personally
and in good faith. If these personal resolution attempts fail, the Parties shall then
submit the dispute to binding arbitration. The arbitration shall be conducted in the
following county: Floyd County. The arbitration shall be conducted by a single
arbitrator, and such arbitrator shall have no authority to add Parties, vary the
provisions of this Agreement, award punitive damages, or certify a class. The
arbitrator shall be bound by applicable and governing Federal law as well as the law
of the following state: Virginia. Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to:
contract claims, tort claims, claims based on Federal and state law, and claims
based on local laws, ordinances, statutes or regulations. Intellectual property claims
by the Company will not be subject to arbitration and may, as an exception to this
sub-part, be litigated. The Parties, in agreement with this sub-part of this
Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by You. Should this
Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise
transferred by the Company, the rights and liabilities of the Company will bind and
inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and
sub-parts will be enforced to the maximum extent possible. In such condition, the
remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement,
this shall not constitute a waiver of any future enforcement of that provision or of any
other provision. Waiver of any part or sub-part of this Agreement will not constitute a
waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under
this Agreement are for convenience and organization, only. Headings shall not
affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership,
or joint venture has been created between the Parties as a result of this Agreement.
No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to
causes beyond its reasonable control including, but not limited to, acts of God, acts
of civil authorities, acts of military authorities, riots, embargoes, acts of nature and
natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications
are permitted to both Parties under this Agreement, including e-mail or fax. For any
questions or concerns, please email Us at the following address: