Acceptance of Terms of Service and Terms of Sale
This document contains very important information regarding your rights and obligations, as
well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
This agreement requires the use of mediation and arbitration on an individual basis to resolve
disputes, rather than jury trials or class actions.
By placing an order for products or services from this Site, you state that you are of legal age
to enter into this agreement, and you accept and are bound by this agreement.
You will not order or obtain products or services from this Site if (a) you do not agree to this
agreement, (b) are not the older of (i) at least 18-years old or (ii) legal age to form a binding
contract with the Company, or (c) are prohibited from accessing or using this Site or any of
this Site’s contents, goods, or services by applicable law.
This agreement applies to the purchase and sale of products and services through
www.secretdelivery.com (the “Site”). This agreement is subject to change by JUSTSMR LLC, a
Delaware limited liability company (the “Company”) without advance written notice at any time,
in its sole discretion. Any changes to this agreement will be in effect as of the “Last Updated
Date” referenced on the Site. You should review this agreement before purchasing any product
or services that are available through this Site. Your continued use of this Site after the “Last
Updated Date” will constitute your acceptance of and agreement to those changes.
Use of Site
During this agreement, the Company hereby grants you a nonexclusive,
nonsublicensable, nontransferable license to access the Site for your personal and
noncommercial use in accordance with this agreement.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including all information,
software, text, displays, images, video, and audio, and the design, selection, and
arrangement of it) are owned by the Company, its licensors, or other providers of the
material and are protected by copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws. The Company reserves all rights not
expressly granted in and to the Site. You will not engage in the use, copying, or
distribution of any part of the Site or the services other than expressly permitted.
The Site’s name and logo are the Company’s trademarks, and must not be copied,
imitated, or used, in whole or in part, without the Company’s advanced written
permission. In addition, all page headers, custom graphics, button icons, and scripts are
the Company’s service marks, trademarks, and trade dress, and must not be copied,
imitated, or used, in whole or in part, without the Company’s advanced written
You will not engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the Site in any medium, including
by any automated or non-automated “scraping;”
using any automated system, including “robots,” “spiders,” “offline readers,”
etc., to access the Site;
transmitting spam, chain letters, or other unsolicited email;
use the Site to collect email addresses for sending unsolicited emails;
attempting to interfere with, compromise the system integrity or security, or
decipher any transmissions to or from the servers running the Site;
taking any action that imposes, or may impose at the Company’s sole discretion
an unreasonable or disproportionately large load on the Site infrastructure;
uploading invalid data, viruses, worms, or other software agents through the
collecting or harvesting any personally identifiable information, including
account names, from the Site;
using the Site for any commercial solicitation purposes;
impersonating another person or otherwise misrepresenting your affiliation
with a person or entity, conducting fraud, hiding or attempting to hide your
interfering with the proper working of the Site;
accessing any content on the Site through any technology or means other than
those provided or authorized by the Site;
bypassing any security measures the Company may use to prevent or restrict
access to the Site, including features that prevent or restrict use or copying of
any content or enforce limitations on use of the service or the content in it;
decipher, decompile, disassemble, reverse engineer, or otherwise try to derive any source code or underlying ideas or algorithms of any aspect, feature, or part
of the services; or
modify, translate, or otherwise create derivative works of any part of the Site or
You must complete the registration process by providing the Company with current,
complete, and accurate information as prompted by the applicable registration form.
You also will choose a password and a username.
Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account.
Further, you are responsible for all activities that occur under your account. You will
promptly notify the Company of any unauthorized use of your account or any other
breach of security.
Liability for Account Misuse
The Company will not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge. You could
be held liable for losses incurred by the Company or another party due to someone else
using your account or password.
Use of Other Accounts
You must not use anyone else’s account at any time, without the permission of the
The Company cares about the integrity and security of your personal information. But
the Company cannot guarantee that unauthorized third parties will never be able to
defeat the Website’s security measures or use any personal information you provide to
the Company for improper purposes. You acknowledge that you provide your personal
information at your own risk.
You retain all ownership rights to content uploaded to the Site.
By submitting content to the Site, you grant the Company a worldwide, nonexclusive,
royalty-free, sublicensable, and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the content in connection with the
Site and the Company’s (and its successors’ and affiliates’) business, including for
promoting and redistributing part or all the Site (an derivative works of it) in any media
formats and through any media channels.
Order Acceptance and Cancellation
You acknowledge that your order is an offer to buy, under this agreement, all products and
services listed in your order. All orders must be accepted by the Company or the Company will
not be obligated to sell the products or services to you. The Company may choose not to accept
orders at its sole discretion, even after the Company sends you a confirmation email with your
order number and details of the items you have ordered.
Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without
notice. All prices displayed are quoted in U.S. dollars. Prices on products and services
offered through the Site may change without prior notice, and without any obligation to
you. If the price of a product or service increases after you have placed an order, the
Company may either (i) contact you for further instructions or (ii) reject your order and
issue a refund, if applicable. Posted prices do not include taxes or charges for shipping
and handling. All taxes and charges will be added to your merchandise total, and will be
itemized in your shopping cart and in your order confirmation email. The Company
strives to display accurate price information, however the Company may, on occasion,
make inadvertent typographical errors, inaccuracies, or omissions related to pricing and
availability. The Company reserves the right to correct any errors, inaccuracies, or
omissions at any time and to cancel any orders arising from those occurrences.
The Company may offer on one or more occasions promotions on the Site that may
affect pricing and that are governed by terms and conditions separate from this
agreement. If there is a conflict between the terms for a promotion and this agreement,
the promotion terms will govern.
Terms of payment are within the Company’s sole discretion and, unless otherwise
agreed by the Company in writing, the Company must receive payment before the
Company accepts the order. The Company accepts Visa, Mastercard, and PayPal for all
purchases. You state that (i) the credit card information you supply to the Company is
true, correct, and complete; (ii) you are duly authorized to use that credit card for the
purchase; (iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay charges incurred by you at the posted prices, including shipping and
handling charges and all applicable taxes, if any, regardless of the amount quoted on the
Site at the time of your order.
Shipments; Delivery; Title; and Risk of Loss
The Company will arrange for shipment of the products to you or your designated
recipient. Please check the individual product page for specific delivery options. You will
pay all shipping and handling charges specified during the ordering process. Shipping
and handling charges are reimbursement for the costs the Company incurs in the
processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you on the Company’s transfer of the products to the
carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. The
Company is not liable for any delays in shipments.
No Returns or Refunds
No refunds will be given on any purchases. All sales are final. No returns are accepted. Items
purchased are not eligible for exchange.
Manufacturer’s Warranty and Disclaimers
The Company does not manufacture or control any of the products or services offered on the
Site. The availability of products or services through the Site does not indicate an affiliation with
or endorsement of any product, service, or manufacturer. Accordingly, the Company does not
provide any warranties with respect to the products or services offered on the Site. However,
the products and services offered on the Site may be covered by the manufacturer’s warranty as
detailed on the product’s description on the Site and included with the product. To obtain
warranty service for defective products, please follow the instructions included in the
All products and services offered on this Site are provided “as is” without any warranty,
including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose;
or (c) warranty against infringement of intellectual property rights of a third party; whether
express or implied by law, course of dealing, course of performance, usage of trade, or
The Company is not making any warranty (1) that the use of this Site will be secure, timely,
uninterrupted, or error-free; (2) that the products or services will meet your requirements or
expectations; (3) that any content, materials, data, or information obtained by you through
the Site will be accurate or reliable; (4) that the quality of any products, services, information,
content, or other material purchased or obtained by you through the Site will meet your
requirements or expectations; (5) that errors or defects will be corrected; or (6) that the Site
or the servers that make the Site available are free of viruses or other harmful components.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the
above disclaimer might not apply to you.
You affirm that the Company will not be liable, under any circumstances, for any breach of
warranty claims or for any damages arising out of the manufacturer’s failure to honor its
warranty obligations to you.
Limitation of Liability
In no event will the Company be liable to you or any third party for consequential, indirect,
incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues or
diminution in value, arising out of, or relating to, or in connection with any breach of this
agreement, regardless of (a) whether the damages were foreseeable, (b) whether or not the
Company was advised of the possibility of the damages, and (c) the legal or equitable theory
(contract, tort, or otherwise) on which the claim is based.
The Company’s sole maximum liability and your sole remedy will be limited to the actual
amount paid by you for the products and services you have ordered through the Site.
The limitation of liability set out above will: (i) only apply to the extent permitted by law and (ii)
not apply to (A) liability resulting from the Company’s gross negligence or willful misconduct and
(B) death or bodily injury resulting from the Company’s acts or omissions.
Goods Not for Resale or Export
You state that you are buying products or services from the Site for your own personal or
household use only, and not for resale or export. You further state that all purchases are
intended for final delivery to locations within the United States.
The Company respects your privacy and is committed to protecting it. The Company’s Privacy
Policy governs the processing of all personal data collected from you in connection with your
purchase of products or services through the Site.
The Site may contain links to third-party websites or resources. You acknowledge that the
Company is not responsible or liable for: (1) the availability or accuracy of those websites or
resources; or (2) the content, products, or services on or available from those websites or
resources. Links to third-party websites or resources do not imply any endorsement by the
Company of those websites or resources. You acknowledge sole responsibility for and assume all
risk arising from your use of any third-party websites or resources.
Through the Site, you will have the ability to access or use content provided by third parties. The
Company cannot guarantee that this third-party content will be free of material you may find
objectionable or otherwise. The Company will not be liable for your access or use of any thirdparty
The Company respects the intellectual property rights of others and expects users of the Site to
do the same. The Company will respond to notices of alleged copyright infringement that
comply with applicable law and are properly provided to the Company. If you believe that your
content has been copied in a way that constitutes copyright infringement, please provide the
Company’s copyright agent with the following information in accordance with the Digital
Millennium Copyright Act:
a physical or electronic signature of the copyright owner or a person authorized to act
on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the Company to locate the material;
your contact information, including your address, telephone number, and an email
a statement by you that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and, under penalty of
perjury, that you are authorized to act on behalf of the copyright owner.
The Company may terminate your license to use this Site and block or prevent your future
access to, and use of, this Site without notice, for any reason or no reason.
The owner of the Site is based in the state of Florida in the United States. The Company provides
this Site for use only by persons located in the United States. The Company is not making any
claims that the Site or any of its content or merchandise is accessible or appropriate outside of
the United States. Access to the Site or use of the merchandise might not be legal by certain
persons or in certain countries. If you access the Site from outside the United States or use the
merchandise outside the United States, you do so on your own initiative and are responsible for
complying with all local laws.
You will defend, indemnify, and hold harmless the Company, its subsidiaries, and affiliated
companies, and their officers, directors, employees, contractors, and agents from and against all
claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses
(including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating
to your breach of this agreement or your use of the Site. The Company may assume the
exclusive defense and control of any matter for which users have agreed to indemnify the
Company and you will assist and cooperate with the Company in the defense or settlement of
any such matters.
Dispute Resolution and Binding Arbitration
You and the Company are agreeing to give up any rights to litigate claims in a court or
before a jury, or to participate in a class action or representative action with respect
to a claim. Other rights that you would have if you went to court may also be
unavailable or may be limited in arbitration.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether
pre-existing, present, or future, and including statutory, consumer protection,
common law, intentional tort, injunctive, and equitable claims) between you and the
Company arising from or relating in any way to your purchase of products or services
through the Site, will be resolved exclusively and finally by binding arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in
accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect,
except as modified by this section 19. (The AAA Rules are available at
www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal
Arbitration Act will govern the interpretation and enforcement of this section 19.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability
or enforceability of this arbitration provision, including any unconscionability challenge
or any other challenge that the arbitration provision or the agreement is void, voidable,
or otherwise invalid. The arbitrator will be empowered to grant whatever relief would
be available in court under law or in equity. The award rendered by the arbitrator will
include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert
and other witnesses. Any award of the arbitrator will be final and binding on each of the
parties, and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you
provide the Company with written notice of your intention to do so within 60 days of
your purchase. The arbitration or small-claims court proceeding will be limited solely to
your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, neither you nor the
Company will be entitled to join or consolidate claims by or against other customers in
court or in arbitration or otherwise participate in any claim as a class representative,
class member, or in a private attorney general capacity. The arbitral tribunal will not
consolidate more than one person’s claims, and will not otherwise preside over any
form of a representative or class proceeding. The arbitral tribunal has no power to
consider the enforceability of this class arbitration waiver and any challenge to the class
arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable
provision will be severed, and the remaining arbitration terms will be enforced.
This agreement constitutes the entire agreement between you and the Company about
your access to the Site and your purchase of merchandise. It supersedes all earlier or
contemporaneous agreements between you and the Company about access to the Site
and purchase of merchandise. A printed version of this agreement will be admissible in
any proceedings arising out of or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records originally
generated and kept in printed form.
Copy of this Agreement
You may—and the Company recommends that you—print this agreement on your
printer or save it to your computer. If you have trouble printing a copy, please contact
the Company at email@example.com and the Company will email you a copy.
Assignment and Delegation
The Company may assign its rights or delegate any performance under this agreement
without your consent. You will not assign your rights or delegate your performance
under this agreement without the Company’s advanced written consent. Any attempted
assignment of rights or delegation of performance in breach of this section 20.3 is void.
The parties may waive any provision in this agreement only by a writing signed by the
party or parties against whom the waiver is sought to be enforced. No failure or delay in
exercising any right or remedy, or in requiring the satisfaction of any condition, under
this agreement, and no act, omission, or course of dealing between the parties,
operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in
writing on one occasion is effective only in that instance and only for the purpose
stated. A waiver once given is not to be construed as a waiver on any future occasion or
against any other person.
The parties intend as follows:
that if any provision of this agreement is held to be unenforceable, then that
provision will be modified to the minimum extent necessary to make it
enforceable, unless that modification is not permitted by law, in which case that
provision will be disregarded;
that if modifying or disregarding the unenforceable provision would result in
failure of an essential purpose of this agreement, the entire agreement will be
that if an unenforceable provision is modified or disregarded in accordance with
this section 20.5, then the rest of the agreement will remain in effect as written;
that any unenforceable provision will remain as written in any circumstances
other than those in which the provision is held to be unenforceable.
The Company may provide any notice to you under this agreement by: (i)
sending a message to the email address you provide or (ii) by posting to the Site.
Notices sent by email will be effective when the Company sends the email and
notices the Company provides by posting will be effective on posting. It is your
responsibility to keep your email address current.
To the Company
To give the Company notice under this agreement, you must contact the
Company as follows: (i) by email to
; or (ii) by
personal delivery, overnight courier, or registered or certified mail to JustSMR
LLC, 4801 Gulf Blvd., Suite 149, St. Pete Beach, Florida 33706. The Company may
update the email address or address for notices to the Company by posting a
notice on the Site. Notices provided by personal delivery will be effective
immediately. Notices provided by email or overnight courier will be effective
one business day after they are sent. Notices provided by registered or certified
mail will be effective three business days after they are sent.
Governing Law and Jurisdiction
The laws of the state of Florida—without giving effect to its conflicts of law
principles—govern all matters arising out of or relating to this agreement or the Site,
including the validity, interpretation, construction, performance, and enforcement of
this agreement. Any legal suit, action, or proceeding arising out of, or related to, this
agreement or the Site will be instituted exclusively in the federal courts of the United
States or the courts of the state of Florida in each case located in the City of Tampa and
County of Hillsborough. You waive all objections to the exercise of jurisdiction over you
by those courts and to venue in those courts.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement
or the Site must be commenced within one year after the cause of action accrues,
otherwise, that cause of action or claim is permanently barred.
The Company is not responsible for any failure to perform if unforeseen circumstances
or causes beyond the Company’s reasonable control delays or continues to delay the
Company’s performance, including:
Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or
other natural disasters;
War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
Failure of the telecommunications or information services infrastructure; and
Hacking, SPAM, or any failure of a computer, server, network, or software.
No Third-Party Beneficiaries
This agreement does not, and the parties do not intend it to, confer any rights or
remedies on any person other than the parties to this agreement.
Relationship of the Parties
This agreement does not, and the parties do not intend it to, create a partnership, joint
venture, agency, franchise, or employment relationship between the parties and the
parties expressly disclaim the existence of any of these relationships between them.
Neither of the parties is the agent for the other, and neither party has the right to bind
the other on any agreement with a nonparty.
Successors and Assigns
This agreement inures to the benefit of, and is binding on, the parties and their
respective successors and assigns. This section 20.3 does not address, directly or
indirectly, whether a party may assign rights or delegate obligations under this
agreement. Section 20.12 addresses these matters.
Permission to Send Emails to You
You grant the Company permission to email you notices, advertisements, and other
communications to you, including emails, advertisements, notices, and other
communications containing adult oriented material, sexual content and language, and
images of nudity unsuitable for minors. Your permission will continue until you ask the
Electronic Communications Not Private
The Company does not provide facilities for sending or receiving confidential electronic
communications. You should consider all messages sent to the Company or from the
Company as open communications readily accessible to the public. You should not use
the Site to send or receive messages you only intend the sender and named recipients
to read. Users or operators of the Site may read all messages you send to the Site
regardless of whether they are intended recipients.
Any affirmation, assent, or agreement you send through the Site will bind you. You
acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded
“button” or entry field with your mouse, keystroke, or other computer device, your
agreement or consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.
The Company encourages you to give feedback about the Company, the Site, or the
service. But the Company will not treat as confidential any suggestion or idea you give,
and nothing in this agreement will restrict the Company’s right to use, profit from,
disclose, publish, or otherwise exploit any feedback, without payment to you.
Consumer Rights Information—California Residents Only
This section applies only to California residents. In compliance with section 1789 of the
California Civil Code, please note the following:
4801 Gulf Blvd., Suite 149
St. Pete Beach, Florida 33706
You may contact the Company at firstname.lastname@example.org to resolve any disputes
or to receive further information about the Site.
You may contact in writing the Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs at 1020 North Street, #501,
Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
Questions or Additional Information
If you have questions regarding this agreement or wish to obtain additional information,
please send an email to email@example.com.