Terms of Service & User Agreement

1. Company Information & Acceptance

ShopSmart ("Platform," "Site," "App") is owned and operated by House of Pain Tattoo LLC, a limited liability company organized under the laws of the State of Illinois, with its principal place of business in Rockford, Winnebago County, Illinois ("Company," "we," "us," "our").

By accessing or using ShopSmart, creating an account, or placing an order, you ("User," "Customer," "you") agree to be legally bound by these Terms of Service, our Privacy Policy, Refund Policy, Shipping Policy, and DMCA Policy, all incorporated herein by reference. If you do not agree, do not use this Platform.

You must be at least 18 years of age to use this Platform. By using ShopSmart you represent and warrant that you are 18 or older and have the legal authority to enter into this Agreement.

2. Nature of the Platform — Dropshipping Disclosure

FTC REQUIRED DISCLOSURE: ShopSmart operates as an online retail dropshipping platform. When you place an order, House of Pain Tattoo LLC purchases the product on your behalf directly from a third-party wholesale supplier who ships the item directly to you. House of Pain Tattoo LLC is an independent retailer and is not affiliated with, endorsed by, or sponsored by any manufacturer or supplier listed on the Platform unless explicitly stated.

Prices displayed on ShopSmart reflect our retail price, which may differ from manufacturer suggested retail prices (MSRP) or prices available on other platforms. House of Pain Tattoo LLC earns a retail margin on each transaction, which constitutes our compensation for operating this Platform.

Estimated delivery times are provided by suppliers and are estimates only. Actual delivery times may vary due to factors outside our control, including carrier delays, customs, weather, and supplier fulfillment times.

3. Federal Regulatory Compliance

ShopSmart operates in compliance with applicable United States federal law, including but not limited to:

• Federal Trade Commission Act (15 U.S.C. § 41 et seq.): We do not engage in unfair or deceptive trade practices. All material connections between us and suppliers are disclosed.
• CAN-SPAM Act (15 U.S.C. § 7701): All commercial emails include clear identification, a physical address, and an opt-out mechanism.
• Electronic Communications Privacy Act (18 U.S.C. § 2510): We protect the privacy of electronic communications.
• Digital Millennium Copyright Act (17 U.S.C. § 512): We respond to valid DMCA takedown notices. See Section 14.
• Americans with Disabilities Act (ADA): We strive to make this Platform accessible to users with disabilities.
• Children's Online Privacy Protection Act (COPPA, 15 U.S.C. § 6501): We do not knowingly collect personal information from children under 13. If you are under 13, do not use this Platform.
• Gramm-Leach-Bliley Act (GLBA): We protect non-public personal financial information as required.
• Fair Credit Billing Act (FCBA, 15 U.S.C. § 1666): Billing disputes are handled in accordance with federal law.

4. Illinois State & Local Law Compliance

As a company domiciled in Rockford, Winnebago County, Illinois, we comply with all applicable Illinois state and local laws, including:

• Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/): We do not engage in deceptive trade practices. Illinois residents have rights under this Act and may file complaints with the Illinois Attorney General.
• Illinois Uniform Deceptive Trade Practices Act (815 ILCS 510/): We represent our products honestly and accurately.
• Illinois Personal Information Protection Act (815 ILCS 530/): We protect your personal information and will notify you of any data breach within 45 days of discovery.
• Illinois Biometric Information Privacy Act (740 ILCS 14/): We do not collect biometric identifiers or biometric information.
• Illinois Internet Security and Privacy Act (5 ILCS 179/): We implement reasonable security measures to protect your data.
• Illinois Sales Tax: Applicable Illinois state sales tax (6.25%), Rockford city tax (1.25%), and Winnebago County tax (0.25%) totaling approximately 7.75% will be collected on orders shipped to Illinois addresses, as required by the Illinois Department of Revenue and 35 ILCS 105/ (Use Tax Act). Out-of-state orders are subject to the destination state's applicable tax laws.
• Illinois Electronic Commerce Security Act (5 ILCS 175/): Electronic contracts and signatures are legally enforceable under Illinois law.

5. User Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity that occurs under your account.

We use industry-standard SHA-256 encryption for password storage. Payment information is processed through secure, PCI-DSS compliant methods. We do not store complete credit card numbers on our servers.

You agree not to: (a) share your account credentials; (b) create accounts under false pretenses; (c) use automated means to access the Platform; (d) attempt to circumvent security measures; or (e) engage in any activity that could harm the Platform or other users.

6. Products, Pricing & Availability

Product descriptions, images, and prices are provided by or sourced from our wholesale suppliers. We make every reasonable effort to ensure accuracy but do not guarantee that all product information is error-free. Prices are subject to change without notice.

All products are subject to availability. If a product becomes unavailable after you place an order, we will notify you and issue a full refund. We reserve the right to limit quantities and refuse orders at our discretion.

Product images are for illustrative purposes. Actual products may vary slightly from images shown due to supplier variations, lighting, and display settings.

7. Orders & Payment

By placing an order, you represent that all information you provide is accurate and complete. Your order constitutes an offer to purchase; the contract is formed when we send an order confirmation email.

We accept major credit and debit cards. Payment is processed at the time of order. Receipts are available in your account dashboard. You authorize us to charge your payment method for the total amount including applicable taxes and shipping.

We reserve the right to cancel orders suspected of fraud or that violate these Terms. If we cancel your order, you will receive a full refund.

8. Shipping & Delivery

Estimated delivery times are 7–21 business days from order confirmation, depending on the supplier and your location. International orders may take longer and may be subject to customs duties and import taxes, which are the buyer's responsibility.

Risk of loss passes to you upon delivery to the carrier. Tracking information will be provided when available. We are not liable for carrier delays, lost packages, or damage during transit, though we will work with you and the carrier to resolve such issues.

See our full Shipping Policy.

9. Returns, Refunds & Cancellations

We offer a 30-day return window from the date of delivery for most items. Items must be unused, in original packaging, and in resalable condition. Certain items (opened consumables, custom/personalized products, hygiene items) are non-returnable.

Refunds are processed within 5–10 business days of receiving and inspecting the returned item. Original shipping costs are non-refundable. Return shipping costs are the customer's responsibility unless the return is due to our error or a defective product.

To initiate a refund, submit a request through your Account dashboard or contact us at shopsmarterhere@hotmail.com. See our full Refund Policy.

Illinois residents: Your rights under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/) are not waived by this policy.

10. Prohibited Uses

You agree not to use this Platform to:

• Violate any applicable law or regulation
• Purchase products for resale without prior written authorization from House of Pain Tattoo LLC
• Submit false, fraudulent, or misleading information
• Engage in any form of cybercrime, hacking, or unauthorized access
• Distribute malware, spam, or engage in phishing
• Circumvent, disable, or interfere with security features
• Scrape, crawl, or data-mine the Platform without our written consent
• Infringe on the intellectual property rights of House of Pain Tattoo LLC or any third party

11. Intellectual Property & Copyright

All content on ShopSmart — including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the overall "look and feel" — is the property of House of Pain Tattoo LLC or its content suppliers and is protected by United States copyright law (17 U.S.C. § 101 et seq.), trademark law, and other intellectual property laws.

The ShopSmart name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of House of Pain Tattoo LLC. You may not use these marks without prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial purchases. This license does not include the right to reproduce, modify, distribute, create derivative works from, publicly display, transmit, or exploit any Platform content.

Supplier product images and trademarks are the property of their respective owners. Their appearance on this Platform does not imply endorsement of House of Pain Tattoo LLC.

12. Privacy

Your use of ShopSmart is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using ShopSmart you consent to our collection and use of your information as described in the Privacy Policy.

13. Disclaimer of Warranties

THE PLATFORM AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOUSE OF PAIN TATTOO LLC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. DMCA — Copyright Infringement Notice

House of Pain Tattoo LLC respects intellectual property rights. If you believe content on ShopSmart infringes your copyright, send a DMCA takedown notice to shopsmarterhere@hotmail.com containing: (1) your signature; (2) identification of the copyrighted work; (3) identification of the infringing material and its location; (4) your contact information; (5) a statement of good-faith belief; and (6) a statement under penalty of perjury of accuracy. See our full DMCA Policy.

Counter-notices: If your content was removed and you believe it was wrongly removed, you may send a counter-notice to the same address. Repeat infringers will have their accounts terminated.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSE OF PAIN TATTOO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR PRODUCTS. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law. Illinois residents retain rights under the Illinois Consumer Fraud and Deceptive Business Practices Act that cannot be waived.

16. Indemnification

You agree to defend, indemnify, and hold harmless House of Pain Tattoo LLC, its members, managers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.

18. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. For any claims not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Winnebago County, Illinois. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Illinois Consumer Rights Notice

Illinois residents have rights under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/). You may file a complaint with:

• Illinois Attorney General Consumer Protection Division: 1-800-243-0618 · www.illinoisattorneygeneral.gov
• Illinois Department of Financial and Professional Regulation
• Federal Trade Commission: www.ftc.gov · 1-877-FTC-HELP

Nothing in these Terms limits your rights under Illinois consumer protection laws to the extent such rights cannot be waived by contract.

20. Modifications & Termination

House of Pain Tattoo LLC reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated date. Continued use of the Platform after changes constitutes acceptance of the new Terms. We will provide 30 days' notice for material changes by posting a notice on the Platform or emailing registered users.

We may terminate your account for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. Upon termination, your right to use the Platform ceases immediately.

21. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and other linked policies, constitute the entire agreement between you and House of Pain Tattoo LLC.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision is not a waiver of our right to enforce it in the future.
• Assignment: We may assign these Terms without restriction. You may not assign your rights under these Terms.
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.