We are located in the United States and this is a U.S.-based web site. By using this site, you agree to the transfer of your personal information to or within the United States. Our services are controlled and operated within the United States, and are not intended to be subject to the laws or jurisdiction of any country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Registration (if applicable)
When and if you set up an account and/or use the Services on the Website, you agree to: (1) provide accurate, current, and complete information; (2) maintain and keep your information accurate, current, and complete; and (3) not impersonate any person or entity. We reserve the right to terminate your access to and use of the Website and Services if any information provided by you is untrue, inaccurate, not current, or incomplete.
What Information Do We Collect and How Do We Use It?
We may collect various types of personal information from you, depending upon how you use our site. The categories of personal information we collect may include, but are not limited to: First and last name; physical address, including street name and name of a city or town; e-mail address; telephone number; and credit card number and related information. We may combine the information we collect from you with information we receive from you offline. We may use the information we collect from and about you for any of the following purposes: (1) to fulfill your requests for products and services; (2) to provide you with targeted offers and advertising on the site; (3) to contact you with information and promotional materials and offers from our company as well as from our subsidiaries, affiliates, marketing partners, advertisers and other third parties; (4) to contact you; (5) to review site usage and operations; (6) to address problems with the site, our business or our products and services; and (7) to protect the security or integrity of the site and our business.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
You may decline cookies, but by doing so, you may not be able to use certain features on our site. You also may be able to make some web beacons unusable by rejecting cookies. Check the “Help” menu of your browser to learn how to change your cookie preferences.
Do We Share Your Information?
Visiting this Site
By using this site you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
- Restrict or inhibit other users from using the Services.
- Violate any applicable laws, rules, or regulations.
- Express or imply that any statements you make are endorsed by us.
- Engage in spamming or flooding.
- Access or use (or attempt to access or use) another user’s content without permission.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or the Website.
- Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
- “Frame” or “mirror” any portion of the Website, or link to any page from the Website without our prior written authorization.
- Order or purchase Services through the Website if you are not 18 years of age or older, or have the specific permission of a parent or legal guardian.
By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
Order Acceptance & Payment
We reserve the right at any time after receipt of your order to either accept or decline your order for any reason. We reserve the right at any time after the receipt of the order, to supply less than the quantity you ordered of any item. Some circumstances under which we may cancel the order may include but are not limited to 1) defects or damages found at the time of shipping, 2) errors in the product description, quantity and pricing on our website, 3) due to any typographical error, or (4) if an item is out of stock or no longer available. By placing an order, you accept and agree that the total liability of us under any legal claims whatsoever, shall be limited to the amount of money you have actually paid solely and only for placing the order. If your order is rejected or limited by us, your exclusive and sole remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card had been charged for the order), (b) we will issue a check for the amount paid by you if payment was received check (if applicable/accepted) or (c) we will not charge your credit card for the cancelled portion of the order of the quantity not provided. It will be in our sole discretion how to refund, refinance, or replace an item with a similar or identical product.
For each product or service you order from the website, you agree to pay the price applicable for the product or service (including any sales tax and shipping and handling charges) as of the time you submitted the order. Unless agreed upon an alternative billing arrangement in writing, we will automatically bill your credit card submitted as part of the order process. By using a credit card you signify that you are the rightful owner of the card. We shall not be responsible for inappropriate credit card use nor shall we bear the responsibility to verify credit card owner. By ordering from us, you agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
All trademarks of ours used on the Website are trademarks or registered trademarks of ours. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
The entire content of the Website, including but not limited to text, graphics, code, and products and forms is our property. We grant you permission to electronically copy and print hard copy portions of the Website solely for your own non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Website content is strictly prohibited, unless authorized by us in writing.
We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringed is located on the site;
- information on how to contact you including your address, telephone number, and email address, if available;
- 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; and
- 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.
Claims of infringement should be mailed via certified mail, return receipt requested, to the following address:
301 S. Commerce Street, Suite 1950
Fort Worth, Texas 76102
Warranty Disclaimer & Liability Limit
To the fullest extent permissible under applicable law, we present the Website and the Services “AS IS” and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the server that makes this website available are free of viruses or other harmful components. In the event of any breach of any warranty, your exclusive remedy shall be that we shall, at our option, repair, replace, or refund the price you paid for any defective goods. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website’s accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR THE PRODUCT. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your use of the Website shall be governed by the laws of Texas, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Tarrant County, Texas. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.
Total Customer Satisfaction
WhitneySmith Company offers a wide variety of human resource products and forms. We take pride in the products and forms provided to our clients. We carefully inspect your order prior to shipment. Upon receipt, please review your order and notify us of any dissatisfaction immediately.
No-Risk Return Policy
We stand behind our products. If you’re not completely satisfied with your purchase, please contact our office at 817-877-0014 to authorize a return. Then simply send the item back to us in its original condition and packaging within 30 days of the shipping date. We will gladly provide you with a merchandise exchange or refund, at our discretion. If a shipment is lost or damaged in transit, we will send a replacement to you at no additional cost. Otherwise the shipping costs will be deducted from your credit.
Refunds will be provided in the same form of currency used for the purchase. If the purchase was made by credit card, WhitneySmith Company will issue a credit to that same card. If the purchase was made by check, we will issue a refund after 14 days of receipt of the returned product. A credit will be issued for any products returned after 30 days from the shipping date, but within 90 days of the shipping date. All sales are final after 90 days from the shipping date.
Order Fulfillment and Shipping
We will ship your products as soon as possible upon receiving the order, usually within one business day for in-stock items. The cost for shipping is based on the total order amount sent to a single address. An additional shipping charge may apply to some items due to their size and weight. Actual shipping charges will be applied after your order is placed.
Last Updated: 09/15/2016