Terms & Conditions

Effective Date: July 8, 2026

Welcome to the Smile Promotions® website (the "Site"). These Terms & Conditions ("Terms") govern your use of the Site and your purchase of products and services from Smile Promotions ("Smile Promotions," "we," "us," or "our"). By using the Site or placing an order with us, you agree to these Terms. If you do not agree, please do not use the Site.

1. About Us

Smile Promotions is a women-certified, minority-certified, family-owned provider of custom branded merchandise, apparel, print materials, event displays, e-commerce company stores, kitting and fulfillment, and related creative services, based in Bloomington, Indiana.

2. Use of the Site

You agree to use the Site only for lawful purposes. You may not use the Site in any way that could damage, disable, or impair the Site, interfere with any other party's use of the Site, or attempt to gain unauthorized access to any systems or networks connected to the Site.

3. Quotes and Orders

All quotes are estimates based on the information provided at the time of the request and are valid for 30 days unless otherwise stated.
Prices are subject to change based on final artwork, quantities, product availability, decoration methods, and shipping requirements.
An order is not confirmed until we have received your written approval of the final quote and artwork proof, and any required deposit or payment.
We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors or product unavailability.

4. Artwork and Proofs

You are responsible for reviewing and approving all artwork proofs before production. Once a proof is approved, Smile Promotions is not responsible for errors in spelling, layout, colors, logos, or design that were present in the approved proof.
Colors shown on screens or digital proofs are approximations. Exact color matching (including Pantone matching) cannot be guaranteed across all products, materials, and decoration methods.
Any changes requested after proof approval may result in additional charges and production delays.

5. Intellectual Property and Customer Content

By submitting logos, artwork, trademarks, or other content for use on custom products, you represent and warrant that you own or have the legal right to use and reproduce that content, and you authorize Smile Promotions to reproduce it for the purpose of fulfilling your order.
You agree to indemnify and hold Smile Promotions harmless from any claims, damages, or expenses arising from our use of content you provide, including claims of trademark or copyright infringement.
All content on the Site — including text, graphics, logos, images, and design — is the property of Smile Promotions or its licensors and is protected by copyright and trademark law. You may not copy, reproduce, or distribute Site content without our prior written permission.

6. Production, Overruns, and Underruns

Consistent with promotional products industry standards, production runs of custom merchandise may vary from the ordered quantity. Overruns or underruns of up to 5–10% may occur depending on the product and decoration method, and you will be billed for the actual quantity shipped. If you require an exact quantity, please notify us in writing before production begins, as additional charges may apply.

7. Payment Terms

Payment terms will be specified on your quote or invoice. Unless otherwise agreed in writing, payment is due as stated on the invoice.
We accept payment methods as indicated at the time of ordering. Past-due balances may be subject to late fees and suspension of services.
You are responsible for any applicable sales taxes unless you provide a valid tax exemption certificate before invoicing.

8. Shipping and Delivery

Estimated production and delivery dates are provided in good faith but are not guaranteed. Smile Promotions is not liable for delays caused by carriers, suppliers, weather, or other events beyond our reasonable control.
Risk of loss passes to you upon delivery of the products to the carrier unless otherwise agreed in writing.
Please inspect all shipments promptly upon arrival and report any damage, defects, or shortages within 5 business days of receipt.

9. Returns and Cancellations

Because our products are custom-made and decorated to your specifications, custom and personalized products are not returnable or refundable except in the case of a production defect or an error on our part relative to the approved proof.
If you believe your order is defective or does not match the approved proof, contact us within 5 business days of receipt. We will work with you to remedy the issue, which may include replacement, repair, or credit at our discretion.
Orders cancelled after production has begun may be subject to charges for work completed, materials purchased, and restocking fees.

10. E-Commerce and Company Stores

If we build or operate an online store on your behalf, additional terms may apply as set out in a separate agreement. Purchases made through client company stores may also be subject to storespecific terms presented at checkout.

11. Disclaimer of Warranties

The Site and its content are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

12. Limitation of Liability

To the maximum extent permitted by law, Smile Promotions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or your purchase of products, including lost profits or lost business opportunities. In all cases, our total liability for any claim shall not exceed the amount you paid to Smile Promotions for the order giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Smile Promotions and its owners, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your use of the Site, or content you provide to us.

14. Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to its conflict of law principles. Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in Indiana, and you consent to the jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.