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FAQ


How is SMITH made?

The design and ongoing refinement of SMITH underwear is overseen by a product development team in California. All cut and sew activities take place within the Los Angeles Fashion District. The fabric is imported and made primarily of Lenzing Modal®, a fiber made from the pulp of sustainable beech trees located throughout Austria and neighboring countries. SMITH packaging is produced in Tennessee and Indiana.

 

What size should I buy?

Size guidelines are below. SMITH is a fitted boxer brief, so if you prefer a looser fit similar to traditional cotton underwear, consider buying up a size.

Small 27-29”, Medium 30-32”, Large 33-35”, Extra Large 36-39”

 

How much does shipping cost?

SMITH provides free standard shipping on all orders to the U.S. and Canada. International shipping is $10. SMITH is not responsible for any Duty, VAT or additional taxes that may be charged after the sale of the item.

 

How long will it take to arrive?

Shipments to the U.S. and Canada will be delivered in approximately 3-7 business days. International orders may take longer to arrive. Expedited shipping methods will be available in the future.

 

What’s the status of my order?

You will receive a confirmation email shortly after your order is complete. If you’d like to know your tracking number, please contact john@smithunderwear.co.

 

What if my order is lost or damaged in the mail?

SMITH is not liable for any damages incurred during transit; it lies within the responsibility of local carrier. All purchases are made at the buyers’ own risk.

 

How do I wash SMITH underwear?

Machine wash in cold water and tumble dry on low heat. To get the most out of your purchase and add longevity to the product, hang or lay flat to dry.

 

Can I return my underwear?

Sorry, underwear returns and exchanges are not accepted.

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PRIVACY

THE SMITH UNDERWEAR COMPANY WEBSITE PRIVACY POLICY

Effective Date of Current Policy: April 01, 2017

Last Updated Date of Current Policy: April 01, 2017

This Privacy Policy applies to https://www.smithunderwear.co (the “Site”). The term “SMITH,” “SMITH Underwear Company,” “SMITH Underwear Co,” “we,” and “us” includes The Smith Underwear Company, LLC and our affiliates and subsidiaries.

The Privacy Policy explains how SMITH may collect, use, and disclose personal Information (defined below) we obtain through the Site, your communications with us, or from third parties. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information.

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

 

THE SITE COLLECTS YOUR INFORMATION

We collect Personal Information when you choose to provide it to us including when you register to use the Site, purchase a product on the Site, use the Site, and communicate with us.

We may also collect Personal Information by using cookies, pixels, server logs, and other similar technology as you use the Site. Please note that we may use third party service providers to help operate the Site and these third party service providers may collect Personal Information from our Site as well.

Registering an Account. The Site gives you the option of creating a user account (an “Account”). If you decide to create an Account, you will provide us with certain Personal Information, such as your user name and password. You are not required to register to use the Site.

Purchasing a Product. When you purchase a product using the Site, you are given the option of logging into an Account or checking out as a guest. In either case, when you purchase a product, you must provide us with Personal Information, such as your name, email address, and shipping address.

Making Payments. When you make payments through the Site, you may need to provide Personal Information to our third-party service providers. Such Personal Information may include sensitive Personal Information, such as your credit card number.

Using the Site. We collect information you post through the Site if you choose to submit content to any public area of the Site. Such content will be considered “public” and will not be subject to the privacy protections set forth herein.

Communications with Us. We may also collect Personal Information from you when you communicate with us. For example, you may choose to send us Personal Information by sending us an email. By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent. If you contact us, we may keep a record of that correspondence.

Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Site and/or services and in any manner consistent with the policies provided herein.

Passive Collection. The Site collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We use this data to analyze trends in the aggregate and administer the site. Non-personal information that we passively collect may be combined with other information about you, including Personal Information.

Tracking Technologies. SMITH and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service. Non-personal information that we collect using these technologies may be combined with other information about you, including Personal Information.

Information Provided by Third Parties. SMITH may supplement the information we collect from you with additional records received from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.

 

HOW SMITH USES YOUR INFORMATION

We use Personal Information to facilitate and improve our services, and communicate with you.

We may use aggregate information and non-personally identifying information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. We use and retain information, including Personal Information, to improve and facilitate the Site and our services. We may also use such data to help us deliver targeted advertising to consumers that is displayed on both SMITH websites and unaffiliated websites, to analyze interactions with and performance of our Site, to measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement. We may also use data from third parties (such as data vendors) pursuant to their own privacy policies, and enhance information (including Personal Information) that we have collected with such third-party data. We believe that the use of such information is helpful to providing users with better services.

Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

Aggregate Data. We may use anonymized and aggregated data collected through the Site for any purpose. These uses may include but are not limited to analyzing interactions with and performance of the Site, enabling us to improve our Site and services, and sharing such information with our business partners, affiliates, or any other third party. Similarly, we may enhance any such anonymized and aggregated data collected via our Site with other information collected from our business partners.

 

SMITH MAY DISCLOSE YOUR INFORMATION

We may share your information with our third-party service providers to comply with legal obligations; to protect and defend our rights and property; and with your permission.

We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you first agree to such sharing (either by opting in or choosing not to opt-out at the time we provide the choice).

We Use Vendors and Service Providers. We may share Personal Information with our vendors and service providers. These third-parties provide services on our behalf to help with our business activities. These third-parties are authorized to use your Personal Information only as necessary to provide these services to us.

Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.

Marketing. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to comply with law enforcement requests and legal process, such as a court order, government request, or subpoena. We may also access, preserve, and disclose your Personal Information, other account information, and content if we believe in good faith that disclosure is necessary to protect yours’, ours’ or others’ rights, property, or safety, or investigate fraud.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your Personal Information following any of the foregoing events should be governed by the provisions of this Privacy Policy in effect at the time such Personal Information was collected. We may also disclose your Personal Information with your permission.

 

ACCESS

Upon request SMITH will provide you with information about whether we hold any of your personal information. If you would like to access, update or correct and delete any information that you have provided to us through your use of the Site, you may request by emailing director@smithunderwear.co. We will respond to your request within a reasonable timeframe.

 

CHOICE

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

To manage our advertising on other sites, we may engage third-party advertising partners. These third-party partners may use technologies such as cookies to gather information about your activities on the Site and other sites in order to provide you advertising based upon your browsing activities and interests. Certain of our third-party advertising partners participate in self-regulatory organizations, and those organizations operate websites that give you the ability to opt-out of receiving targeted ads from those partners.  You can access these websites, and also learn more about targeted advertising and privacy, at Network Advertising or AboutAds. You can also choose not to be included in Google Analytics here.

To be clear, whether you are opting out by adjusting your browser/device settings or by using a website established by a self-regulatory group, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.

Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. We are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this policy.

 

THIRD PARTY SITES AND SOCIAL MEDIA PLATFORMS

The Site may contain links to other websites and other websites may reference or link to our Site. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

The Site also contains links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

 

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We follow generally accepted standards to protect Personal Information submitted to us, both during transmission and once it is received. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please email director@smithunderwear.co.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

CHILDREN’S PRIVACY

We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at director@smithunderwear.co. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

 

INTERNATIONAL USERS

By using the Site, you will transfer data to the United States.

By choosing to visit the Site or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of Kansas and the adjudication of any disputes arising in connection with SMITH or the Site will be in accordance with the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

 

POST A QUESTION OR SUGGESTION

If you have suggestions for improving this Privacy Policy, please send an e-mail to director@smithunderwear.co.

 

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically. If you continue to visit this Site and use the services made available to you after such changes have been made, you hereby provide your consent to the changes.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

 

Contact Information

The Smith Underwear Company, LLC

director@smithunderwear.co

+1 620 249 4303

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TERMS AND CONDITIONS

THE SMITH UNDERWEAR COMPANY

Effective Date of Current Policy: April 01, 2017

Last Updated Date of Current Policy: April 01, 2017

These Terms and Conditions apply to the website and all other online properties (the “Site”) operated by The Smith Underwear Company (“SMITH”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at director@smithunderwear.co.

These Terms provide that all disputes between you and SMITH relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.

Please review Section XVI (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with SMITH.We provide the Site in order to enable you to browse and purchase SMITH underwear (“Underwear”).

 

I. PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.

 

II. ELECTRONIC COMMUNICATION

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, 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 communication be in writing.

 

III. ELIGIBILITY

No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.

If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

 

IV. COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of SMITH or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of SMITH or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of SMITH and is protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact director@smithunderwear.co.

 

V. TRADEMARKS

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to SMITH, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of SMITH, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

 

VI. LIMITED LICENSE AND SITE ACCESS

We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

 

VII. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS

You represent and warrant that the information you provide to SMITH upon creating an account on the Site and at all other times will be true, accurate, current, and complete.

To facilitate future purchases on the Site, we may give you the option to choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify SMITH by e-mail to director@smithunderwear.co. You will be solely responsible for the losses incurred by SMITH and others due to any unauthorized use of your account.

 

VIII. FEES AND PAYMENTS; SHIPPING; WHITE GLOVE SERVICE

Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed include taxes. There is no charge for standard shipping.

Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm, as detailed on the payment screen.United States Dollars. All monetary transactions on the Site take place in U.S. dollars.

 

IX. SPOKESPEOPLE AND CHAT BOT

From time to time, SMITH may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. Please note that such individuals may have been compensated by SMITH for their statements. The chat bot, from now on referred to as the “Chat Services,” or “JOHN,” is intended for entertainment purposes only. JOHN is made up of pre-written responses based on user input. All of the information you provide to JOHN may be saved by SMITH for data analysis to improve Chat Services. You agree that you: a) Will never access (or attempt to access) the Chat Services by any means other than through the interface provided by SMITH;b) Will not do anything to interfere with or disrupt the Chat Services;c) Alone are solely responsible for any breach of your obligations under the Terms and the consequences of any such breach. SMITH has no responsibility to you or any third party.d) Alone are solely responsible for the content of your live chat with JOHN. SMITH does not accept liability for offensive language used, the privacy or safety of third-party website links shared, or any other information provided in the Chat Services. Information received from JOHN should not be accepted as truth in isolation. Advice received from JOHN should not always be taken literally, as many of JOHN’s responses are designed to be sarcastic.

You may be exposed to content that you may find offensive. SMITH can not be held responsible if you are exposed to such content. Chat Services may include hyperlinks to third-party websites. SMITH has no control over these websites, and you acknowledge and agree that SMITH is not responsible for the availability of these websites. You acknowledge and agree that SMITH is neither liable nor responsible for any loss or damage that might occur from using the website, its content and other information obtained therein. You also agree and acknowledge that SMITH can not be held responsible for any loss or damage you incur by visiting these websites.

To provide the best possible user experience, SMITH may change or improve its Chat Services. You understand and agree that changes to the Chat Services may occur without prior notice. SMITH may stop providing Chat Services to you without prior notice.

 

X. WARRANTY

Each Product that is manufactured by SMITH and purchased directly from SMITH or our authorized retailers is not covered under warranty. If you are dissatisfied or believe there is a defect in any of your Products, please contact us at director@smithunderwear.co.

 

XI. REFUNDS AND RETURNS; CANCELLATION

Due to the nature of the Product, SMITH does not allow returns and refunds are not guaranteed. Refunds will be issued in the form of the original payment on a case-by-case basis. You may cancel an order any time prior to shipment. Risk of loss and title for Products purchased from SMITH pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

 

XII. DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send SMITH a “Notification of Claimed Infringement” to director@smithunderwear.co requesting that the material be removed, or access to it blocked. The notice must include the following information:A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SMITH to locate the material on the Site;Your name, address, telephone number, and e-mail address (if available);A statement 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; andA statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

XIV. USE OF THE SITE

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;frame or link to the Site without permission;use data mining, robots, or other data gathering devices on or through the Site;post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;disclose personal information about another person or harass, abuse, or post objectionable material;sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;post advertising or marketing links or content, except as specifically allowed by these Terms;use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to SMITH or others; oraccess the Site from a jurisdiction where it is illegal or unauthorized.

 

XIII. DISCLAIMER

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release SMITH of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Site.Released Parties Defined. “Released Parties” include SMITH and its affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

 

XV. LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS, DATA, OR INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF SMITH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

 

XVI. DISPUTE RESOLUTION

– Generally. In the interest of resolving disputes between you and SMITH in the most expedient and cost effective manner, you and SMITH agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SMITH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

– Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

– Arbitrator. Any arbitration between you and SMITH will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

– Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by electronic mail at director@smithunderwear.co (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or SMITH may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SMITH must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, SMITH will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by SMITH in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

– Fees. If you commence arbitration in accordance with these Terms, SMITH will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Pittsburg, Kansas, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SMITH for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

– No Class Actions. YOU AND SMITH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SMITH agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

– Enforceability. If the Section entitled “No Class Actions”) is found to be unenforceable or if the entirety of this Section XVII is found to be unenforceable, then the entirety of this Section XVII will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Site or Products.

Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of Kansas, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and SMITH agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Pittsburg, Kansas.

 

XVII. TERMINATION

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

 

XIIII. WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS AT ANY TIME

From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of our website constitutes your acceptance of these Terms.

 

XIX. WAIVER

Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.

 

XX. SEVERABILITY

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

 

XXI. ENTIRE AGREEMENT

These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between the user and SMITH with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

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SHIPPING


SMITH provides free standard shipping on all orders to the U.S. and Canada. International shipping is $10. SMITH is not responsible for any Duty, VAT or additional taxes that may be charged after the sale of the item.

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RETURNS


Sorry, underwear returns and exchanges are not accepted. If you have any issues with your purchase please contact john@smithunderwear.co.

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SMITH

No Y-fronts

No Manikinis

No Models

No Celebrities

No Jocks in Jocks

No Stripes No Spots

No Technicolor

No Hawaiian print

No shopping

No Umming

Or Ahhing

JUST BLACK

or black

This is us

We might keep things simple, but we’ve still got substance. SMITH is a men’s boxer brief made from high quality Lenzing Modal – a fibre produced from the pulp of Austrian beech trees. It is then cut and sewn right here in the USA. SMITH is a classic boxer brief with lay-flat stitching, no in-your-face branding and a soft, scratch-free waistband.

As you can see, there are no cut or color options, because we believe one style fits all. So you only have one decision to make:

black or black?

BLACK
BOXER BRIEF

MADE IN THE USA
95% LENZING MODAL®
5% ELASTANE
FREE SHIPPING
NO ADDED TAX
NO RETURNS
WASH COLD
TUMBLE DRY LOW
DO NOT BLEACH
DO NOT IRON
Price: $28
Size:
Quantity:
Shipping: +
Free shipping to U.S. and Canada. $10 worldwide. International customers may incur custom duties or taxes after the sale of the item.
Returns: +
Sorry, underwear returns and exchanges are not accepted.


BLACK
BOXER BRIEF

MADE IN THE USA
95% LENZING MODAL®
5% ELASTANE
FREE SHIPPING
NO ADDED TAX
NO RETURNS
WASH COLD
TUMBLE DRY LOW
DO NOT BLEACH
DO NOT IRON
Price: $28
Size:
Quantity:
Shipping: +
Free shipping to U.S. and Canada. $10 worldwide. International customers may incur custom duties or taxes after the sale of the item.
Returns: +
Sorry, underwear returns and exchanges are not accepted.

Email John
john@smithunderwear.co
or fill out form







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