As part of our commitment to your privacy, we support and adhere to the guidelines and practices adopted by the Direct Marketing Association’s "Privacy Promise to American Consumers." We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale or exchange with other marketers; (2) honor customer’s requests not to share their information with other marketers; and (3) honor customers´ requests not to receive mail, telephone or other solicitations from us.
Collecting Information About You
In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are. There may be times (such as when you purchase or order a product, subscribe to a service, or register to receive newsletters or catalogues) at which we ask you to provide certain information about yourself, such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc. We also maintain a record of your online product purchases. Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web site.
Using Information About You
We use the personally identifiable information you provide for internal purposes, such as confirming and tracking your order, subscription or registration, analyzing trends and statistics, informing you of our new products, services and offers, and providing you with information from and about Global Smarts, Inc. From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. In such cases we might share and cross-reference information, including personally identifiable information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.
To serve you better, we may combine information you give us online, through our newsletter or catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.
We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc.. We provide these companies or persons with the information needed for them to perform these services. We also ask them to confirm that their privacy practices are consistent with ours. Although unlikely, in certain instances we may disclose your personally identifiable information when we have reason to believe that it is necessary to identify, contact or bring legal action against person or entities who may be causing injury to you, to Global Smarts, Inc. or to others. We may also disclose your personally identifiable information when we believe the law requires it.
Editing, Updating, Correcting and Deleting Information About You
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us or from others, please let us know by calling us at (408) 730-6850 or by sending us an email. Please be sure to include your email address, full name, and specifically what information you do not want to receive. If you would like to update or correct your email address, street address or other personal information with us please contact us the same way. Please note that sometimes these requests may take up to 6-8 weeks to be effective, particularly if we are removing your name from postal mailings. In addition, when you purchase from us online or through our catalogs, or when you choose to enter a sweepstakes or other promotion, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry. etc., even if you have opted to not receive communications.
Please remember, if you delete certain information you may not be able to continue to purchase products or access other portions of our web site without entering additional information.
We use sophisticated encryption and authentication tools to protect the security of your personal information that you share with us. Unfortunately, however, not data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web site, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.
We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
Links to Third Party Sites
Your access to and use of this site is subject to the following terms and conditions.
If you visit or shop at Global Smarts, Inc., you accept these conditions. Please read them carefully. In addition, when you use any current or future Global Smarts, Inc. service or visit or purchase from any business affiliated with Global Smarts, Inc., whether or not included in the Global Smarts, Inc. Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
Please review our Privacy Notice, which also governs your visit to Global Smarts, Inc., to understand our practices.
When you visit Global Smarts, Inc. or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Global Smarts, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Global Smarts, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Global Smarts, Inc. or its software suppliers and protected by United States and international copyright laws.
GLOBAL SMARTS, INC., GLOBAL SMARTS, INC. & Design, GLOBAL SMARTS, INC. ANYWHERE, GLOBAL SMARTS, INC. AUCTIONS, GLOBAL SMARTS, INC. BOOKS, GLOBAL SMARTS, INC. OUTLET, and other Global Smarts, Inc. graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Global Smarts, Inc., Inc. or its affiliates in the U.S. and/or other countries. Global Smarts, Inc.´s trademarks and trade dress may not be used in connection with any product or service that is not Global Smarts, Inc.´s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Global Smarts, Inc.. All other trademarks not owned by Global Smarts, Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Global Smarts, Inc. or its affiliates.
LICENSE AND SITE ACCESS
Global Smarts, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Global Smarts, Inc.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Global Smarts, Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Global Smarts, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Global Smarts, Inc.´s name or trademarks without the express written consent of Global Smarts, Inc.. Any unauthorized use terminates the permission or license granted by Global Smarts, Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Global Smarts, Inc. so long as the link does not portray Global Smarts, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Global Smarts, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Global Smarts, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Global Smarts, Inc. only with involvement of a parent or guardian. Global Smarts, Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Global Smarts, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Global Smarts, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Global Smarts, Inc. and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Global Smarts, Inc. or its affiliates for all claims resulting from content you supply. Global Smarts, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Global Smarts, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
Global Smarts, Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Global Smarts, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Global Smarts, Inc. and its affiliates attempt to be as accurate as possible. However, Global Smarts, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Global Smarts, Inc. itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Global Smarts, Inc., we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Global Smarts, Inc..
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GLOBAL SMARTS, INC. OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GLOBAL SMARTS, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GLOBAL SMARTS, INC. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLOBAL SMARTS, INC. AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GLOBAL SMARTS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GLOBAL SMARTS, INC. AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS 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 DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Global Smarts, Inc., you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Global Smarts, Inc. or its affiliates.
Any dispute relating in any way to your visit to Global Smarts, Inc. or to products you purchase through Global Smarts, Inc. shall be submitted to confidential arbitration in Santa Clara, California, except that, to the extent you have in any manner violated or threatened to violate Global Smarts, Inc.´s intellectual property rights, Global Smarts, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator´s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Global Smarts, Inc.. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Global Smarts, Inc.
5201 Great America Parkway, Suite 320
Santa Clara, California, 95054
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Global Smarts, Inc.´s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Global Smarts, Inc. and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner´s behalf.
Global Smarts, Inc.´s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Global Smarts, Inc.
5201 Great America Parkway, Suite 320
Santa Clara, California, 95054
phone: (408) 730-6850
fax: (408) 562-5745
Global Smarts, Inc.
5201 Great America Parkway, Suite 320
Santa Clara, California, 95054