IMPORTANT — READ THIS CAREFULLY BEFORE CONTINUING!
By purchasing products or using this website or services, you accept the following Terms of Use
By purchasing products or using this website or services, you accept the following Terms of Use
SMOKE-ONOS TERMS OF USE
Please read the following Terms of Use (these “Terms”) carefully before using the Smoke-onos (“Smoke-onos “, “we”, “us”, or “our”) website, purchasing any of our products (our “Products”), participating in any online features, or otherwise using any of the services and/or programs offered by Smoke-onos (collectively, the “Services”). These Terms are in effect for all of our Products and Services.
These Terms are not applicable to any other web page operated and/or owned by any entity other than Smoke-onos, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on our website, at www.smokeonos.com (the “Website”). When visiting these third-party websites or using these third party services, you should refer to the terms and conditions in effect for the applicable owner. You must be at least 21 years old to use the Website and purchase any of our Products.
PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY PURCHASING ANY PRODUCTS OR USING ANY SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH SMOKE-ONOS REGARDING YOUR USE OF THE PRODUCTS AND SERVICES. BY PURCHASING PRODUCTS OR USING SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS, SUCH AS REFUND AND SHIPPING POLICIES, OR RULES FOR A CONTEST OR SWEEPSTAKES, ARE INCORPORATED, AS APPROPRIATE, HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT PURCHASE ANY PRODUCTS OR ACCESS OR OTHERWISE USE ANY SERVICES.
1. USE OF SITE.
(a) USER CONTENT GUIDELINES. You are responsible for your use of the Services. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain conduct that may be harmful to other users or to us. In particular, you may not:
(b) USER ACCOUNT, PASSWORD, AND SECURITY. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password, User Account information and credit card information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, User Account information, and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password, User Account information, and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Smoke-onos of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you log out from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(c) USER SUBMITTED CONTENT. Unless you enter into a separate written agreement with Smoke-onos, Smoke-onos does not claim ownership in any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself, or any other Content of any kind whatsoever (collectively, “User Content”). You will not have or obtain any rights in or to any form, media, or technology incorporating any User Content. You grant to Smoke-onos and its affiliates, successors and assigns the right to incorporate User Content into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such User Content. You also warrant to Smoke-onos that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Smoke-onos and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, whether commercial or otherwise. Smoke-onos does not endorse any Content uploaded to or posted on the Web Properties. Smoke-onos is not responsible for any information uploaded to or posted on the Web Properties or for editing any factual errors or making any type of corrections to information presented there. Any action taken by a user or viewer of any information presented there is at your own risk.
(d) ACCURATE INFORMATION. In creating and using your Customer Account, you agree to: (i) provide true, accurate, current, and complete information about yourself and any company or other organization that you represent on any registration form required for the Products or the Services (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your Customer Account and refuse any and all current or future use of your Customer Account, including cancellation of any pending orders.
(e) NON-TRANSFERABILITY OF CUSTOMER ACCOUNT. Customer Accounts and usernames are non-transferable, and all customers are obligated to take preventative measures to prohibit unauthorized users from purchasing Products or accessing the Services with his or her username and password.
2. PRIVACY. We know that privacy is very important to you, and it is very important to us as well. By providing us with your email address and other contact information, you consent to receiving electronic communications from us. We will communicate with you by email or by posting notices on the Website. 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. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at www.smokeonos.com/privacy.
3. NOT INTENDED FOR CHILDREN. We do not collect personally identifiable information from any person who we know to be under the age of thirteen (13). Specifically, the Products and Services are not intended or designed to attract children under the age of thirteen (13). By purchasing Products or using any of the Services, you affirm that you are more than thirteen (13) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as THE PRODUCTS AND SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13).
4. INTELLECTUAL PROPERTY.
(a) The Products, Services, graphics, and design related to our Website contain or include intellectual property that we own, control and/or license. All applicable intellectual property laws, including, but not limited to, copyright laws, protect our rights in and to the Products and the Services. No portion of the Products, Services, graphics, and design may be reproduced in any form or by any means, except as provided in these Terms.
(b) We are the owner or authorized licensee of all trademarks, service marks, and logos used and displayed in or through the Products or the Services. All trademarks and service marks of Smoke-onos, or our affiliates, that may be referred to in or through the Products or the Services are the property of Smoke-onos, or one of our affiliates. Other parties’ trademarks and service marks that may be referred to in or through the Products or the Services are the property of their respective owners. Nothing in the Products or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Smoke-onos’, or its subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without Smoke-onos’ prior written permission. Smoke-onos aggressively enforces its Intellectual Property Rights. Neither the name of Smoke-onos, its affiliates, nor any of Smoke-onos’ other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Products, the Services, or otherwise, without our prior written permission.
5. COPYRIGHT COMPLAINTS.
(a) Smoke-onos will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any Content uploaded to or posted on the Services as well as terminate your access to the Services if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content from the Services is prohibited, unless specifically authorized by Smoke-onos in writing. Accordingly, no such Content may be used on another website or any mobile application without express written permission from Smoke-onos.
(b) Smoke-onos will not permit any Content known by us to be infringing to remain in the Services. If you believe that any content in the Services infringes your copyright, please contact Smoke-onos copyright agent, who can be reached as follows:
By fax: 570-788-7198
By email: [email protected]
Please be sure to include the following information: (i) a description of the copyrighted work that you allege is being infringed (and registration information if such work is registered with the Copyright Office), (ii) the specific location of the allegedly infringing material in the Services, (iii) your signature (digital or hard-copy), (iv) your name, address, telephone number, and email address, and (v) a statement (notarized if possible and made under penalty of perjury) that: (A) you are the copyright owner or are authorized to act on behalf of the copyright owner, (B) you believe in good faith that the rights of the copyright owner are being infringed, and (C) the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Smoke-onos will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
6. WARRANTIES. All Smoke-onos themes are, subject to reasonable limitations, visually consistent and functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due to a Supported Browser’s technical limitations, Smoke-onos will use its discretion to implement a reasonable alternative.
7. DISCLAIMERS.
(a) NO ADDITIONAL WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SMOKE-ONOS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY ADDITIONAL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO PURCHASE THE PRODUCTS AND/OR ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN CONNECTION WITH THE PRODUCTS OR SERVICES. When using the Products and/or the Services, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Products and/or Services.
(b) ADDITIONAL EXCLUSIONS. SMOKE-ONOS IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH ANY PRODUCTS OR SERVICES ARISING FROM (i) IMPROPER INSTALLATION OF THE PRODUCT; OR (ii) ANY USE OF THE PRODUCT OR SERVICE FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS BEING OFFERED BY SMOKE-ONOS; OR (iii) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY SMOKE-ONOS; OR (iv) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT OR SERVICE AFTER THE DATE OF PURCHASE; OR (v) ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES THAT ARISE EXCLUSIVELY ON OR WITH RESPECT TO UNSUPPORTED BROWSERS.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL SMOKE-ONOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES AND/OR ANY OTHER PURCHASED THROUGH OUR WEBSITE OR OTHERWISE. ADDITIONALLY, WE WILL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF SMOKE-ONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE WILL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT THAT YOU ACTUALLY PAID TO SMOKE-ONOS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN QUESTION. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCTS AND/OR THE SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES THAT WE MAY OFFER. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
9. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Smoke-onos and its directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) your use of any Products or Services in a manner other than that intended.
10. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.
(a) We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Website by framing or other methods (collectively, “Third Party Content”). In addition, the Website may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE PRODUCTS AND SERVICES, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party should link to or refer to the Products or the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.
11. UPDATES. We may make changes to or stop providing the Products or the Services at any time and without further notice to you. We will make an effort to update this web page with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
12. TERMINATION OF SERVICE. We may, at any time and without cost, charge or liability, terminate your right to purchase Products and/or access Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Products or Services, to us, to our partners, to the business of our Internet service provider, or to other information providers.
13. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Smoke-onos irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that Smoke-onos may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
14. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, the Products and/or Services will be governed by the laws of the State of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Pennsylvania, with respect to such matters. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS. Notwithstanding the foregoing, Smoke-onos may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Smoke-onos through injunctive relief and other equitable remedies without proof of monetary damages.
15. WAIVER OF JURY TRIAL AND CLASS LAWSUITS. With respect to any dispute arising out of or related to the Products, the Services and/or these Terms: (a) you hereby expressly waive and give up your right to have a trial by jury; and (b) you hereby expressly waive and give up your right to participate as a member of a class of claimants in any lawsuit, including, but not limited to, any class action lawsuits involving any such dispute.
16. LIMITATION ON CLAIMS. You agree that you will not bring a claim under or related to these Terms, any purchase of Products and/or any use of Services more than twelve (12) months after the date on which your claim first arose.
17. SEVERABILITY. If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, then these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
18. WAIVER. If Smoke-onos does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Smoke-onos has the benefit of under any applicable law), this will not be taken to be a formal waiver of Smoke-onos’ rights and that those rights or remedies will still be available to Smoke-onos.
19. SURVIVAL. Sections 4, 7, 8, 9 and 11 through 18 of these Terms will survive any actual or purported termination of these Terms and will continue in full force and effect thereafter.
20. LOCAL LAWS. We make no representation that any Products or Services or other information or materials on or available through our website are appropriate or available for use in jurisdictions outside the United States. Access to the Products and Services from jurisdictions where such access is illegal or prohibited. If you choose to access the Products and/or Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
21. EXPORT RESTRICTIONS. All Products, any software and all underlying information and technology that you download or view from or through the Website or in connection with the Services (collectively, the “Software or Technical Data”) may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Products and Services and any of our other products or services, including, but not limited to, any Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export any Software or Technical Data to any county, or to any person or entity, subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
22. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to our Privacy Policy located at www.smokeonos.com/privacy
These Terms are not applicable to any other web page operated and/or owned by any entity other than Smoke-onos, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on our website, at www.smokeonos.com (the “Website”). When visiting these third-party websites or using these third party services, you should refer to the terms and conditions in effect for the applicable owner. You must be at least 21 years old to use the Website and purchase any of our Products.
PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY PURCHASING ANY PRODUCTS OR USING ANY SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH SMOKE-ONOS REGARDING YOUR USE OF THE PRODUCTS AND SERVICES. BY PURCHASING PRODUCTS OR USING SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS, SUCH AS REFUND AND SHIPPING POLICIES, OR RULES FOR A CONTEST OR SWEEPSTAKES, ARE INCORPORATED, AS APPROPRIATE, HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT PURCHASE ANY PRODUCTS OR ACCESS OR OTHERWISE USE ANY SERVICES.
1. USE OF SITE.
(a) USER CONTENT GUIDELINES. You are responsible for your use of the Services. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain conduct that may be harmful to other users or to us. In particular, you may not:
- Violate any law or regulation;
- Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, discriminatory, or otherwise objectionable;
- Send unsolicited or unauthorized advertising or commercial communications, such as spam;
- Use any means to spider, harvest, scrape, crawl, or participate in the use of software, including spyware, to collect data from the Website or Services;
- Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- Stalk, harass, or harm another individual;
- Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or underlying code used to provide the Website or Services;
- Attempt to circumvent any technological measure implemented by us or any of our providers or other third party (including another user) to protect the Website or Services; or
- Advocate, encourage, or assist any third party in doing the foregoing.
(b) USER ACCOUNT, PASSWORD, AND SECURITY. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password, User Account information and credit card information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, User Account information, and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password, User Account information, and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Smoke-onos of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you log out from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(c) USER SUBMITTED CONTENT. Unless you enter into a separate written agreement with Smoke-onos, Smoke-onos does not claim ownership in any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself, or any other Content of any kind whatsoever (collectively, “User Content”). You will not have or obtain any rights in or to any form, media, or technology incorporating any User Content. You grant to Smoke-onos and its affiliates, successors and assigns the right to incorporate User Content into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such User Content. You also warrant to Smoke-onos that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Smoke-onos and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, whether commercial or otherwise. Smoke-onos does not endorse any Content uploaded to or posted on the Web Properties. Smoke-onos is not responsible for any information uploaded to or posted on the Web Properties or for editing any factual errors or making any type of corrections to information presented there. Any action taken by a user or viewer of any information presented there is at your own risk.
(d) ACCURATE INFORMATION. In creating and using your Customer Account, you agree to: (i) provide true, accurate, current, and complete information about yourself and any company or other organization that you represent on any registration form required for the Products or the Services (such information being the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your Customer Account and refuse any and all current or future use of your Customer Account, including cancellation of any pending orders.
(e) NON-TRANSFERABILITY OF CUSTOMER ACCOUNT. Customer Accounts and usernames are non-transferable, and all customers are obligated to take preventative measures to prohibit unauthorized users from purchasing Products or accessing the Services with his or her username and password.
2. PRIVACY. We know that privacy is very important to you, and it is very important to us as well. By providing us with your email address and other contact information, you consent to receiving electronic communications from us. We will communicate with you by email or by posting notices on the Website. 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. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at www.smokeonos.com/privacy.
3. NOT INTENDED FOR CHILDREN. We do not collect personally identifiable information from any person who we know to be under the age of thirteen (13). Specifically, the Products and Services are not intended or designed to attract children under the age of thirteen (13). By purchasing Products or using any of the Services, you affirm that you are more than thirteen (13) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as THE PRODUCTS AND SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13).
4. INTELLECTUAL PROPERTY.
(a) The Products, Services, graphics, and design related to our Website contain or include intellectual property that we own, control and/or license. All applicable intellectual property laws, including, but not limited to, copyright laws, protect our rights in and to the Products and the Services. No portion of the Products, Services, graphics, and design may be reproduced in any form or by any means, except as provided in these Terms.
(b) We are the owner or authorized licensee of all trademarks, service marks, and logos used and displayed in or through the Products or the Services. All trademarks and service marks of Smoke-onos, or our affiliates, that may be referred to in or through the Products or the Services are the property of Smoke-onos, or one of our affiliates. Other parties’ trademarks and service marks that may be referred to in or through the Products or the Services are the property of their respective owners. Nothing in the Products or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Smoke-onos’, or its subsidiaries’ or affiliates’, trademarks, service marks, or copyrights without Smoke-onos’ prior written permission. Smoke-onos aggressively enforces its Intellectual Property Rights. Neither the name of Smoke-onos, its affiliates, nor any of Smoke-onos’ other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Products, the Services, or otherwise, without our prior written permission.
5. COPYRIGHT COMPLAINTS.
(a) Smoke-onos will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any Content uploaded to or posted on the Services as well as terminate your access to the Services if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content from the Services is prohibited, unless specifically authorized by Smoke-onos in writing. Accordingly, no such Content may be used on another website or any mobile application without express written permission from Smoke-onos.
(b) Smoke-onos will not permit any Content known by us to be infringing to remain in the Services. If you believe that any content in the Services infringes your copyright, please contact Smoke-onos copyright agent, who can be reached as follows:
By fax: 570-788-7198
By email: [email protected]
Please be sure to include the following information: (i) a description of the copyrighted work that you allege is being infringed (and registration information if such work is registered with the Copyright Office), (ii) the specific location of the allegedly infringing material in the Services, (iii) your signature (digital or hard-copy), (iv) your name, address, telephone number, and email address, and (v) a statement (notarized if possible and made under penalty of perjury) that: (A) you are the copyright owner or are authorized to act on behalf of the copyright owner, (B) you believe in good faith that the rights of the copyright owner are being infringed, and (C) the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), Smoke-onos will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
6. WARRANTIES. All Smoke-onos themes are, subject to reasonable limitations, visually consistent and functionally compatible, in all material aspects, across all of the Supported Browsers. In an instance where certain features or designs are not reasonably feasible due to a Supported Browser’s technical limitations, Smoke-onos will use its discretion to implement a reasonable alternative.
7. DISCLAIMERS.
(a) NO ADDITIONAL WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SMOKE-ONOS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY ADDITIONAL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO PURCHASE THE PRODUCTS AND/OR ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN CONNECTION WITH THE PRODUCTS OR SERVICES. When using the Products and/or the Services, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Products and/or Services.
(b) ADDITIONAL EXCLUSIONS. SMOKE-ONOS IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH ANY PRODUCTS OR SERVICES ARISING FROM (i) IMPROPER INSTALLATION OF THE PRODUCT; OR (ii) ANY USE OF THE PRODUCT OR SERVICE FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS BEING OFFERED BY SMOKE-ONOS; OR (iii) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY SMOKE-ONOS; OR (iv) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT OR SERVICE AFTER THE DATE OF PURCHASE; OR (v) ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES THAT ARISE EXCLUSIVELY ON OR WITH RESPECT TO UNSUPPORTED BROWSERS.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL SMOKE-ONOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES AND/OR ANY OTHER PURCHASED THROUGH OUR WEBSITE OR OTHERWISE. ADDITIONALLY, WE WILL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF SMOKE-ONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE WILL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT THAT YOU ACTUALLY PAID TO SMOKE-ONOS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN QUESTION. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCTS AND/OR THE SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES THAT WE MAY OFFER. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
9. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Smoke-onos and its directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) your use of any Products or Services in a manner other than that intended.
10. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.
(a) We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Website by framing or other methods (collectively, “Third Party Content”). In addition, the Website may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE PRODUCTS AND SERVICES, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party should link to or refer to the Products or the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.
11. UPDATES. We may make changes to or stop providing the Products or the Services at any time and without further notice to you. We will make an effort to update this web page with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
12. TERMINATION OF SERVICE. We may, at any time and without cost, charge or liability, terminate your right to purchase Products and/or access Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Products or Services, to us, to our partners, to the business of our Internet service provider, or to other information providers.
13. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Smoke-onos irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that Smoke-onos may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
14. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, the Products and/or Services will be governed by the laws of the State of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Pennsylvania, with respect to such matters. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS. Notwithstanding the foregoing, Smoke-onos may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Smoke-onos through injunctive relief and other equitable remedies without proof of monetary damages.
15. WAIVER OF JURY TRIAL AND CLASS LAWSUITS. With respect to any dispute arising out of or related to the Products, the Services and/or these Terms: (a) you hereby expressly waive and give up your right to have a trial by jury; and (b) you hereby expressly waive and give up your right to participate as a member of a class of claimants in any lawsuit, including, but not limited to, any class action lawsuits involving any such dispute.
16. LIMITATION ON CLAIMS. You agree that you will not bring a claim under or related to these Terms, any purchase of Products and/or any use of Services more than twelve (12) months after the date on which your claim first arose.
17. SEVERABILITY. If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, then these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
18. WAIVER. If Smoke-onos does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Smoke-onos has the benefit of under any applicable law), this will not be taken to be a formal waiver of Smoke-onos’ rights and that those rights or remedies will still be available to Smoke-onos.
19. SURVIVAL. Sections 4, 7, 8, 9 and 11 through 18 of these Terms will survive any actual or purported termination of these Terms and will continue in full force and effect thereafter.
20. LOCAL LAWS. We make no representation that any Products or Services or other information or materials on or available through our website are appropriate or available for use in jurisdictions outside the United States. Access to the Products and Services from jurisdictions where such access is illegal or prohibited. If you choose to access the Products and/or Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
21. EXPORT RESTRICTIONS. All Products, any software and all underlying information and technology that you download or view from or through the Website or in connection with the Services (collectively, the “Software or Technical Data”) may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Products and Services and any of our other products or services, including, but not limited to, any Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export any Software or Technical Data to any county, or to any person or entity, subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
22. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to our Privacy Policy located at www.smokeonos.com/privacy
Your Consent To These Terms
By purchasing Products and/or accessing and using the Services, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms or any part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Products and the Services. Your use of the Products and Services following the effective date of any amendment of these Terms will signify your assent to and acceptance of the revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to: via email at [email protected] or by fax 570-788-7198.
Copyright © 2024. All Rights Reserved.
Effective as of: February 11, 2024
Last Updated: February 11, 2024
Effective as of: February 11, 2024
Last Updated: February 11, 2024