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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Smart Smoke reserves the right to refuse service to anyone for any reason at any time in both our retail stores and online.
CopyrightThe entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Smart Smoke. The collective work includes works that are licensed to Smart Smoke Copyright 2009, Smart Smoke, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Smart Smoke or purchasing Smart Smoke products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Smart Smoke or to purchase Smart Smoke products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Smart Smoke, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TrademarksAll trademarks, service marks and trade names of Smart Smoke® used in the site are trademarks or registered trademarks of Smart Smoke®.
Refunds and exchangesPlease see our Returns page for details and limitations of returns and exchanges.
Limitation of liabilitySmart Smoke shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Smart Smoke, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical errorsIn the event that a Smart Smoke® product is misrepresented in some way, Smart Smoke is not obligated to honor said misrepresentation; including but not limited to refusing, canceling, or correcting any orders placed. You will be notified of any change to an order placed. Smart Smoke, Inc also reserves the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If Smart Smoke cancels your order and your credit card has already been charged for the purchase, Smart Smoke shall issue the corresponding credit to your credit card account in a timely manner.
Term; TerminationThese terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Smart Smoke without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NoticeSmart Smoke may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Smart Smoke.
MiscellaneousYour use of this site shall be governed in all respects by the laws of the state of Idaho, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Smart Smoke® products) shall be in the state or federal courts located in Kootenai County, Idaho. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Smart Smoke® products) must be commenced within one (1) year after the claim or cause of action arises. Smart Smoke Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Smart Smoke may assign its rights and duties under this Agreement to any party at any time without notice to you.
In Store (Retail Location)
By purchasing or conducting any form of business from any of our retail locations, you also agree to our online website's (www.smartsmoke.com's) terms and policies.
Use of siteHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Smart Smoke, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation disclaimerSmart Smoke does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Smart Smoke is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Smart Smoke reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Smart Smoke in its sole discretion.
IndemnificationYou agree to indemnify, defend, and hold harmless Smart Smoke, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-party linksIn an attempt to provide increased value to our visitors, Smart Smoke may link to sites operated by third parties. However, even if the third party is affiliated with Smart Smoke, Smart Smoke has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Smart Smoke. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Smart Smoke seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
PRODUCT WARNING: This product contains Nicotine, an addictive substance that can be toxic if inhaled or ingested and may cause irritation if it comes into contact with your eyes or skin. Wash immediately with soap and water upon contact. This product is not marketed for use as a smoking cessation device and is not intended for use by non-smokers. This product is not intended to diagnose, treat, cure, prevent or mitigate any disease or medical condition or offer any therapeutic benefit. Do not use this product if you are under 18 years of age or if you are not of the legal age of smoking. Do not use this product if you are sensitive to nicotine, propylene glycol or inhalants. Do not use this product if you have or at risk of having any respiratory conditions, heart disease, high blood pressure or diabetes. Consult your doctor before use if you have any medical conditions, or questions regarding your health and this product. Do not use this product if you are pregnant or nursing. Discontinue use of this product immediately if you experience symptoms such as nausea, dizziness, a weak or rapid heartbeat, vomiting, diarrhea or any other physical symptoms. If any of the aforementioned symptoms occur, seek medical attention immediately. KEEP THIS PRODUCT AWAY FROM CHILDREN AND PETS. Ingestion of the non-vaporized liquid can be poisonous. If liquid is ingested/swallowed contact emergency medical help immediately, do not induce vomiting. Ingestion of small pieces may present a choking hazard. This product and the statements made herein have not been evaluated by the FDA or any other health or regulatory authority. As natural flavorings may be used in this product, be aware of allergic reaction.