Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Smart Iguana Games, LLC may modify these Terms and Conditions at any time.

Overview

This website is run by Smart Iguana Games, LLC. Throughout the site, the terms “us”, “we”, and “our” refer to the company stated above. We offer this website, including all information, tools and services available from this site to you (user) conditioned upon your acceptance of all terms, conditions and policies stated here.

Our store is hosted on WordPress and WooCommerce. They provide us with the online platform that allows us to sell our products to you.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, or contributors of content.

We reserve the right to bring up-to-date, alter or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your duty to check the website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. You can review the most current version of the Terms and Conditions at any time on this page.

Section 1 – Restrictions on the use of Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Smart Iguana Games, LLC. and/or its subsidiaries (“Smart Iguana Games, LLC”) for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) are deemed to be licensed to you by Smart Iguana Games, LLC, for your personal, non-commercial home use only. Smart Iguana Games, LLC does not transfer either the title or the intellectual property rights to the Software and Smart Iguana Games, LLC retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Smart Iguana Games, LLC or its licensors and you may not copy or use them in any manner.

This site is controlled and operated by Smart Iguana Games, LLC, Inc. from its offices within the State of South Carolina, United States of America. Smart Iguana Games, LLC makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Section 2 – PII (Personal Identifiable Information)

Your submission of PII through the website or store is governed by our Privacy Policy. View our Privacy Policy.

Section 3 – Disclaimers and Limitation of Liability

Smart Iguana Games, LLC may change, move or delete portions of, or may add to, this web site from time to time.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SMART IGUANA GAMES, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Smart Iguana Games, LLC has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, SMART IGUANA GAMES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMART IGUANA GAMES, LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. SMART IGUANA GAMES, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT SMART IGUANA GAMES, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMART IGUANA GAMES, LLC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF SMART IGUANA GAMES, LLC OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMART IGUANA GAMES, LLC’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO SMART IGUANA GAMES, LLC, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Section 4 – Links to other websites

Smart Iguana Games, LLC makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-Smart Iguana Games, LLC web site, please understand that it is independent from Smart Iguana Games, LLC and that Smart Iguana Games, LLC has no control over the content on that web site. A link to a non-Smart Iguana Games, LLC web site does not mean that Smart Iguana Games, LLC endorses or accepts any responsibility for the content or use of such web site.

Section 5 – Submissions

Should any viewer of a document on this web site respond to Smart Iguana Games, LLC with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Smart Iguana Games, LLC shall have no obligation of any kind with respect to such information. In addition, Smart Iguana Games, LLC shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Smart Iguana Games, LLC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Smart Iguana Games, LLC’s Privacy Policy.

In consideration of Smart Iguana Games, LLC’s continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Smart Iguana Games, LLC without any compensation. You agree to execute any and all documents that Smart Iguana Games, LLC may reasonably request in connection with confirming Smart Iguana Games, LLC’s ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Section 6 – Store Terms

By agreeing to these Terms and Conditions, 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 fully result in an immediate termination of your Services and prosecution by law.

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.

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. If 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 7 – Errors, Inaccuracies and/or Ommissions

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, 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 8 – Indemnification

You agree to indemnify, defend and hold harmless Smart Iguana Games, LLC 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 9 – Severability

If any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 10 – Termination.

This Agreement is effective unless and until terminated by either you or Smart Iguana Games, LLC. You may terminate this Agreement at any time by no longer using this web site, provided that all prior uses of this web site shall be governed by this Agreement. Smart Iguana Games, LLC may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in Smart Iguana Games, LLC’s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Smart Iguana Games, LLC, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Section 11 – Governing Law

These Terms and Conditions and any separate agreements shall be governed by and construed in accordance with the laws of Goose Creek, SC.

Section 12 – Contact

Customercare@smartiguanagames.com

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