Conditions of Use

Welcome to the A.F. Smith Apple website. By using the website and its related services, products, and software (collectively, the "Site"), you agree to be bound by these terms ("Conditions of Use"). You also accept the Conditions of Use when you create an account, sign in as a guest, or log in to the Site. Additional or separate terms may apply to your interactions with other A.F. Smith websites, and to your use of individual services or features available on the Site, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to "A.F. Smith," "our," "we," or "us" may refer to A.F. Smith Trading Co., AF Smith, or A.F. Smith. We may make changes to the Site and the Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the Site.

Intended for Users Over 13

We provide the Site for use by individuals 13 years of age and older. If you are under the age of 13, you may use the Site only with the assistance of a parent or guardian.

Privacy

Your use of the Site is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

Errors on Our Site

We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

Paying for Your Order

Generally, we'll charge your card for an item when you have completed the checkout process. For digital items, we'll charge your card when you complete the checkout process for the digital product.

Order Confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.

Reviews, Comments, Communications, and Other User-Generated Content

You may interact with the Site and A.F. Smith in numerous ways, including Reviews and Ratings, Videos, Questions and Answers, Community Forums, and e-mail communication. You hereby grant A.F. Smith a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.

When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Disclaimers and Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY A.F. SMITH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Links to Third-Party Websites

The Site contains links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. A.F. Smith does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the A.F. Smith Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities on the Site, are prohibited.

You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of A.F. Smith, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.

Applicable Law

The laws of Bermuda will govern these Conditions of Use without giving effect to any principles of conflicts of laws.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Last Updated June 6, 2014

© 2017 A.F. Smith. All Rights Reserved.