Terms and Conditions of Service
Last updated: 04/07/2021
1. Terms of Service Agreement
These Terms of Use (the “Terms”) govern your use of and access to www.onesmithstudio.com, www.onesmithsupply.com, www.onesmithstables.com and its sub-domains and affiliated sites, as well as any pages and accounts by One Smith on Teachable®, Facebook®, Instagram®, Pinterest®, and YouTube® (the “Sites).
By visiting and purchasing from our site, you agree to be bound by the following Terms of Service. 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.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. 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.
3. Refund Policy
Due to the immediate access and digital nature of One Smith products, purchases made cannot be refunded or exchanged.
4. Support Policy
One Smith offers email support for all products, by purchasing a product you agree to our Product Support Terms.
5. Single Use License
Each purchase includes a Single Limited Use License. The following limitations apply to this license:
You may not reproduce, duplicate, copy, sell, resell, redistribute, exploit or share any website templates, brand kits, social media templates, guides, or resources whether in part or full, in either free or premium services;
Any violation of these restrictions terminates the Terms and Conditions of Service agreement and is punishable to the full extent of the law.
6. Accuracy
This site may contain certain historical information. 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 will not be notified in the event we do update or modify its contents. You agree that it is your responsibility to monitor changes or updates to our site. 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.
7. Methods of Payment
All payments are independently processed through third-party services (Stripe). Therefore, One Smith does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, One Smith shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the user.
8. Currency
All payments are processed in United States Dollar (USD). Any possible costs or fees resulting from conversion of currency at time of payment shall be borne by the user. One Smith is not obliged to offer multi-currency services or to offer alternate payment methods.
9. Third-Party 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 providers.
10. 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.
11. User Comments, Feedback and Other Submissions
If you send certain specific submissions such as reviews, feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, 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 to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.
12. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
13. User Accounts
Certain purchases made from One Smith require the creation of a User account in order to access certain features and functions. Users are responsible for keeping their login credentials confidential and safe. By registering, Users agree to be fully responsible for all activities that occur under their username and password.
User accounts may be terminated at any time by the User by using the tools provided for account termination on the account dashboard. If a User wishes to reinstate a terminated account, a purchase will be required.
One Smith reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
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.
15. Indemnification
To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.
16. Termination
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).
17. Governing Law
The exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business in Texas. Our contractual relationship shall be governed by the laws of the United States.
18. Changes to Terms of Service
One Smith reserves 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 Terms of Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.