Terms of Service — Review & Corrected Draft

Not legal advice — please have an Oregon-licensed attorney review before publishing, especially the new installation/warranty/liability language.

New: added SMS/text messaging terms (Section 19A)

Texting customers is federally regulated (TCPA) and stricter than email — two things worth knowing:

1. Marketing texts require separate, express written consent that can't be bundled with a purchase. You can't just say "by buying from us you agree to get texts" — the consent language I added says exactly that ("Consent to receive marketing text messages is not a condition of any purchase"), and in practice you need an actual unchecked opt-in checkbox at checkout or signup, not just this policy text. The policy backs up the checkbox; it doesn't replace it.

2. STOP/HELP keyword support is a legal requirement, not a nicety — whatever texting platform you use (Shopify's own SMS, Postscript, Klaviyo, etc.) needs to actually honor STOP requests automatically. That's a platform setting to verify, not something this document alone handles.

If you haven't set up an actual opt-in checkbox and a platform that auto-handles STOP/HELP yet, that's the next real step — happy to help you think through the platform side too.

Two things that need fixing right away

1. Section 18 (Governing Law) is broken. Your live text reads: "governed by and construed in accordance with the laws of 1934 e 400 s Hazelton ID 83335" — that's a street address, not a state. As written, this clause is nonsensical and unenforceable. It looks like a template field ("the laws of the State of ___") that got a mailing address pasted into it instead of a state name. I've fixed it to Oregon, since that's where the business is based.

1. "Faust Development Group LLC" is removed. Your live text named them alongside Smokey Mountain Fireplaces LLC in the liability disclaimer and indemnification clauses — almost certainly a leftover from whoever set up your Shopify template. Confirmed gone: the document below refers only to Smokey Mountain Fireplaces LLC throughout.

1. Added stronger hold-harmless language. Since installation is your biggest liability exposure, I added a dedicated release/hold-harmless clause in Section 5A covering installation, permitting, and post-delivery misuse specifically, and broadened Section 14's indemnification to explicitly reach claims arising from installation or misuse — not just generic "breach of terms."

The bigger gap: this is 100% Shopify's generic default template

Every Shopify store starts with this exact text. It's fine as a legal skeleton, but it says nothing about fireplaces specifically — no installation requirements, no combustion-appliance safety language, no manufacturer-warranty clarification. For a business selling fire-producing appliances, that's the section that actually protects you if a customer's improper (or a bad contractor's) installation causes damage or injury. I added it as new Section 5A below. This is the single highest-value addition in this whole document for your business.

I also noticed Section 10 and the "Returns Policy" references point to policies that need to actually exist as pages — let me know if you have a Returns Policy page live; if not, that's a related gap worth closing (I can draft it).

Five more tightening passes I made

1. Added a Shipping & Freight / Risk of Loss section (new 5B). Fireplaces and inserts mostly ship freight due to size and weight, and the original Shopify template says nothing about that — no guidance on inspecting for damage before signing, who eats a freight claim, or when risk of loss passes to the customer. That's a real gap for a business shipping heavy combustion appliances.

2. Added a Limitation of Liability dollar cap (Section 13). The old version disclaimed damages but never capped them at a number — I added a cap tying any liability to the amount actually paid for the product, which is standard and gives you a hard ceiling instead of relying only on the disclaimer holding up in court.

3. Made the warranty disclaimer conspicuous. Under Oregon's UCC rules, disclaiming implied warranties (like merchantability) generally has to be conspicuous — bold/caps — to be enforceable. The original had it in regular sentence case, which is a real enforceability risk, not just a style nitpick. I capitalized that sentence in Section 13.

4. Added a safety-devices condition to the release (Section 5A). Ties the hold-harmless language to the customer confirming a working smoke detector and CO detector are installed near the unit — cheap to include, and it's the kind of detail that helps you if a claim ever goes to court.

5. Added a claims time limit and a force majeure clause. A one-year window to bring any claim (Section 13A) and a standard force majeure carve-out (Section 4A) for supply-chain and shipping delays — both common in retail ToS and currently missing.

 

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Terms of Service Last updated: August 25, 2026

This website is owned and operated by Smokey Mountain Fireplaces LLC. Throughout the site, the terms "we," "us," and "our" refer to Smokey Mountain Fireplaces LLC. Smokey Mountain Fireplaces LLC offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools added to the current store are also subject to these Terms of Service. You can review the most current version at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 — ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction. You must not transmit any worms, viruses, or destructive code. A breach of these Terms will result in immediate termination of your access to the Service.

SECTION 2 — GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. Your content (not including credit card information) may be transferred unencrypted over various networks; credit card information is always encrypted during transfer.

SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information on this site is inaccurate, incomplete, or outdated. Material on this site is for general information only and any reliance on it is at your own risk. We reserve the right to modify site content at any time without obligation to update it.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We may modify or discontinue the Service at any time without notice or liability.

SECTION 4A — FORCE MAJEURE We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including manufacturer delays, freight carrier disruptions, weather, labor shortages, or other supply-chain interruptions. In such cases, we will make reasonable efforts to notify you and provide updated timing.

SECTION 5 — PRODUCTS Certain products may be available exclusively online and in limited quantities, subject to our Returns Policy. We make every effort to display product colors and images accurately, but cannot guarantee your monitor's display is accurate. We reserve the right to limit sales by person, region, or jurisdiction, and to discontinue any product at any time.

SECTION 5A — PROFESSIONAL INSTALLATION REQUIRED (FIREPLACES, STOVES & INSERTS) Fireplaces, stoves, inserts, and venting components are combustion appliances that must be installed, vented, and maintained by a qualified, licensed professional in accordance with the manufacturer's installation instructions, the National Fuel Gas Code / applicable fire codes, and all local building and permit requirements. Improper installation, venting, clearances, or use can result in fire, carbon monoxide exposure, property damage, injury, or death.

Smokey Mountain Fireplaces LLC sells products; unless we have separately and expressly contracted with you in writing to perform installation, we do not install, inspect, or certify the installation of any product purchased through this Site, and we are not responsible for installation performed by you or by any third-party contractor. It is your responsibility to obtain any required permits and inspections and to install and operate the product in full compliance with applicable codes and the manufacturer's instructions.

Products we sell are covered by the applicable manufacturer's warranty, not a separate warranty from Smokey Mountain Fireplaces LLC. Warranty terms, length, and coverage vary by manufacturer and product — refer to the documentation included with your unit, or ask us before you buy. We will assist in facilitating manufacturer warranty claims but are not the warrantor.

Release and Hold Harmless. By purchasing a fireplace, stove, insert, or related product from us, you release, and agree to hold harmless, indemnify, and defend Smokey Mountain Fireplaces LLC and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the installation, venting, or hookup of the product, whether performed by you, your contractor, or any other third party; (b) any failure to obtain required permits, inspections, or code compliance; (c) the operation, maintenance, or misuse of the product after delivery; and (d) any modification of the product not authorized by the manufacturer. This release and hold-harmless obligation applies regardless of whether the underlying claim alleges negligence on the part of Smokey Mountain Fireplaces LLC, except to the extent caused by our willful misconduct or by a defect in the product itself that is not attributable to installation, modification, or misuse, and except where such a release is not permitted under applicable law.

By purchasing and operating a fireplace, stove, or insert from us, you confirm that a functioning smoke detector and carbon monoxide detector will be installed near the unit in accordance with local code, and that you will maintain them and the appliance according to the manufacturer's instructions.

SECTION 5B — SHIPPING, FREIGHT AND RISK OF LOSS Many of our products — including fireplace inserts, stoves, and mantels — ship via freight carrier due to their size and weight. Estimated delivery times are not guaranteed. Title and risk of loss pass to you upon delivery to the shipping carrier. For freight deliveries, you must inspect the shipment for visible damage before signing the delivery receipt and note any damage on that receipt; this is required to preserve your ability to file a freight claim. Concealed damage must be reported to us within [X] days of delivery.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse or limit any order, including orders that appear to be placed by dealers, resellers, or distributors, or that share billing/shipping details with other suspicious orders. You agree to provide current, complete, and accurate purchase and account information, and to keep it updated. For more detail, please review our Returns Policy.

SECTION 7 — OPTIONAL TOOLS We may provide access to third-party tools we do not control. Such tools are provided "as is" and "as available" without warranty, and any use is at your own risk and discretion.

SECTION 8 — THIRD-PARTY LINKS Content, products, and services available via our Service may include materials from third parties. We are not responsible for third-party content, websites, products, or services, and are not liable for any harm arising from your use of them.

SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send us comments, suggestions, or other submissions, you agree we may use them without restriction or compensation. We may, but are not obligated to, monitor or remove content we deem objectionable. You are solely responsible for your submissions and agree they will not violate any third party's rights or contain unlawful, abusive, or malicious material.

SECTION 10 — PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS Our site may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct these and to change or cancel orders based on inaccurate information, even after an order has been submitted, without prior notice.

SECTION 12 — PROHIBITED USES You are prohibited from using the site for unlawful purposes, to violate any regulations or laws, to infringe intellectual property rights, to harass or discriminate, to submit false information, to transmit malicious code, to collect others' personal information, to spam or scrape the site, or to interfere with the Service's security. Violations may result in termination of your access.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee that use of the Service will be uninterrupted, timely, secure, or error-free, or that results obtained through it will be accurate or reliable. THE SERVICE AND ALL PRODUCTS DELIVERED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY PRODUCT WARRANTY IS PROVIDED SOLELY BY THE MANUFACTURER AS DESCRIBED IN SECTION 5A.

In no case shall Smokey Mountain Fireplaces LLC, its directors, officers, employees, affiliates, agents, contractors, or suppliers be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind — including lost profits, lost revenue, or lost data — arising from your use of the Service or any product procured through it, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. Where a jurisdiction does not allow this exclusion or limitation, our liability is limited to the maximum extent permitted by law. Nothing in this section limits liability that cannot be limited under applicable law, including for gross negligence or willful misconduct where prohibited.

Except where prohibited by law, our total cumulative liability to you for any claim arising from these Terms or any product purchased through the Service, however arising, will not exceed the amount you actually paid for the specific product giving rise to the claim.

SECTION 13A — TIME LIMIT ON CLAIMS Any claim or cause of action arising out of or related to your use of the Service or a product purchased through it must be filed within one (1) year after the claim or cause of action arose, or it is permanently barred, except where a longer period is required by applicable law.

SECTION 14 — INDEMNIFICATION You agree to indemnify, defend, and hold harmless Smokey Mountain Fireplaces LLC, and its officers, directors, agents, contractors, licensors, service providers, and employees, from any claim, demand, loss, or damage — including reasonable attorneys' fees — made by any third party arising out of: (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) the installation, modification, operation, maintenance, or misuse of any product you purchased from us, whether performed by you or by a third-party contractor. This indemnification obligation survives your relationship with us and any termination of these Terms.

SECTION 15 — SEVERABILITY If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remainder will remain in full force.

SECTION 16 — TERMINATION These Terms remain effective until terminated by you or us. We may terminate this agreement at any time without notice if we suspect you've violated these Terms, and you will remain liable for amounts due through the date of termination. Obligations incurred prior to termination survive it.

SECTION 17 — ENTIRE AGREEMENT Our failure to enforce any right or provision does not waive it. These Terms and any policies posted on this site constitute the entire agreement between you and us regarding the Service, superseding any prior agreements or communications.

SECTION 18 — GOVERNING LAW These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict-of-law provisions. Any dispute arising from these Terms will be resolved in the state or federal courts located in Deschutes County, Oregon, and you consent to jurisdiction there.

SECTION 19 — CHANGES TO TERMS OF SERVICE We reserve the right, at our sole discretion, to update or change any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically. Continued use of the site after changes are posted constitutes acceptance of those changes.

SECTION 19A — SMS / TEXT MESSAGING TERMS By providing your mobile phone number and opting in through our website, checkout process, or in-store signup, you consent to receive text messages (SMS/MMS) from Smokey Mountain Fireplaces LLC, including order and shipping updates, appointment or delivery reminders, and, if you separately opt in, marketing messages about sales, promotions, and new products. Consent to receive marketing text messages is not a condition of any purchase.

Message frequency varies. Message and data rates may apply. Reply STOP at any time to cancel; you will receive one final confirmation message. Reply HELP for assistance, or contact us at 541-678-0243 or Brad@smokeymountainfireplaces.com. Carriers are not liable for delayed or undelivered messages. Your use of SMS communications with us is also subject to our Privacy Policy and, where applicable, the messaging platform's own terms and privacy policy.

SECTION 20 — CONTACT INFORMATION Questions about these Terms of Service should be sent to us at Brad@smokeymountainfireplaces.com or Madi@smokeymountainfireplaces.com, or call 541-678-0243.

Smokey Mountain Fireplaces LLC 70 SW Century Drive, Ste 100 PMB, Bend, OR 97702