Terms & Conditions

Effective Date: [6/26/2026]  |  Last Updated: [6/26/2026]

These Terms & Conditions (“Terms”) govern your access to and use of www.295guys.com (the “Site”) and any products, services, content, or communications offered by [295 Guys] ( “we,” “us,” or “our”) (collectively, the “Services”). Please read them carefully.

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Services.

1. Eligibility & Acceptance

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that all information you provide is accurate and complete.

2. Changes to These Terms

We may modify these Terms at any time. Revised Terms become effective when posted, and we will update the “Last Updated” date above. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

3. Permitted Use & Prohibited Conduct

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes in accordance with these Terms. You agree not to:

• Use the Services for any unlawful, fraudulent, or harmful purpose;
• Violate any applicable law, regulation, or third-party right;
• Copy, reproduce, scrape, harvest, or republish any part of the Services without authorization;
• Introduce viruses, malware, or other harmful code, or attempt to gain unauthorized access to our systems;
• Interfere with or disrupt the integrity, security, or performance of the Services;
• Use automated means (bots, crawlers) except as permitted by our robots.txt;
• Impersonate any person or entity or misrepresent your affiliation;
• Use the Services to transmit unsolicited or unauthorized advertising or spam.

4. Accounts & Registration

Some features may require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend or terminate accounts that violate these Terms. (Delete this section if the Site has no user accounts.)

5. Products, Services, Pricing & Payment

Descriptions, pricing, and availability of products or services are subject to change without notice. We strive for accuracy but do not warrant that descriptions, pricing, or other content are error-free. We reserve the right to refuse or cancel any order, correct pricing errors, and limit quantities. Where payment is required, you agree to provide current, complete, and accurate payment information and authorize us (or our payment processor) to charge the applicable amounts, including taxes and fees. Unless otherwise stated in a separate written agreement, all sales are subject to our then-current policies regarding deposits, cancellations, returns, and refunds. 

6. Intellectual Property

The Services and all content, features, and functionality — including text, graphics, logos, images, designs, software, and trademarks — are owned by or licensed to 295 Guys and are protected by U.S. and international copyright, trademark, and other intellectual-property laws. Except for the limited license granted in these Terms, no rights are transferred to you. You may not use our name, logos, or trademarks without our prior written consent.

7. User Content & Submissions

If you submit reviews, comments, photos, or other content (“User Content”), you retain ownership but grant 295 Guys a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, display, and distribute that User Content in connection with the Services and our business. You represent that you own or control all rights to your User Content and that it does not violate these Terms or any third-party rights. We may, but are not obligated to, monitor, remove, or edit User Content at our discretion.

8. Third-Party Links & Services

The Services may contain links to or integrations with third-party websites, products, or services that we do not control. We provide these for convenience only and do not endorse and are not responsible for their content, policies, or practices. Your use of third-party services is governed by their terms.

9. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, 295 Guys DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR RELIABLE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 295 Guys OR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless 295 Guys and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or any law or third-party right.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 13, you agree that any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Poway, California, and you consent to personal jurisdiction and venue there.

13. Arbitration & Class-Action Waiver

Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring a claim in small-claims court. You and 295 Guys 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. You may opt out of this arbitration agreement by notifying us in writing within 30 days of first accepting these Terms. 

14. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, the licenses granted to you will end, and Sections that by their nature should survive (including IP, disclaimers, limitation of liability, indemnification, and dispute resolution) will continue to apply.

15. Miscellaneous

• Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
• No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our consent; we may assign them freely.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Headings. Section headings are for convenience only and have no legal effect.

16. Contact Us

Questions about these Terms? Contact us:

295 Guys
13750 Stowe Dr
Poway, CA 92064

858-513-7000

drsmooth@295guys.com