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Terms & Conditions

By accessing or using any features of the site, including the purchase of products and services on the site located at www.thesmokingstore.com (the “The Smoking Store LLC Site”), operated and managed by The Smoking Store LLC. (“The Smoking Store LLC” “we” or “us”), you agree to be bound by these terms of use (collectively, “Terms of Use”). All visitors to and users of any aspects of The Smoking Store LLC Site (collectively, “Users”) are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these Terms of Use carefully each time you use this Web site.

Please note that the guidelines, policies and other terms and conditions of service and use of other web sites affiliated with The Smoking Store LLC may vary from these Terms of Use.

As a User of The Smoking Store LLC Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the The Smoking Store LLC Site and other affiliated sites, and view third party postings and reviews regarding products.

These Terms of Use set out the legally binding terms with respect to your use of the The Smoking Store LLC Site. Please read these Terms of Use carefully. Your access to and use of the The Smoking Store LLC Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the The Smoking Store LLC Site.

 

Eligibility & Purchasing
 

The Smoking Store LLC Site is not targeted towards, nor intended for use by anyone under the age of 18. You must be 18 years of age or the minimum age required by law in your locale, to use this site or purchase smoking items, accessories & supplies. Entering this site constitutes your "digital signature" and acknowledges that you are at least 18 years of age or the minimum age required by law in your locale, and agree to all of our policies. If you are not at least 18 years of age or the minimum age required by law in your locale, do not access, use or register on the The Smoking Store LLC Site. In the event we become aware you are under 18, we will terminate your registration. The Smoking Store LLC does not take responsibility nor claim any warranty or implied use for any products sold on The Smoking Store LLC site. Final application of any product offered within The Smoking Store LLC site is the sole responsibility of the end consumer and The Smoking Store LLC will not be held liable for any action taken by the end consumer. All related tobacco smoking items and accessories listed for sale in this site are strictly for tobacco use only.  All products offered for sale on this site are to be used in the appropriate manner for which they are legally intended. Entering this site or purchase of any product from this site releases The Smoking Store LLC from any and all liability and The Smoking Store LLC shall be held harmless for any action taken by the end consumer. The end consumer is responsible for abiding by all local, state and federal laws applicable to their area and The Smoking Store LLC will in no way be held liable for any violation of those laws. This definition includes, but is not exclusive to, those states, counties, parishes, cities, incorporations, principalities, etc. where tobacco items such as those offered for sale on this site are not permitted by law or ordinance in your area.

By entering, using and purchasing from The Smoking Store LLC site, you further acknowledge that you have read and understand the following warnings:

SURGEON GENERALS WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy. Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight. Cigarette Smoke Contains Carbon Monoxide.

WARNING: This Product Contains/Produces Chemicals Known To The State Of California To Cause Cancer, and Birth Defects Or Other Reproductive Harm.

Because of the health risks involved with smoking tobacco, The Smoking Store neither encourages nor condones tobacco smoking and any decision to do so rests solely with you and should be taken very seriously.

Privacy

Use of the The Smoking Store LLC Site is also governed by our Privacy Policy which we encourage you to review.

Changes to the The Smoking Store LLC Site
 

You agree and understand that The Smoking Store LLC Site, including any and all features available via The Smoking Store LLC Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to The Smoking Store LLC Site implemented after your initial access to The Smoking Store LLC Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via The Smoking Store LLC Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators' use of The Smoking Store LLC Site.

Registration For An Account
 

You have the option to register for an account and to select a password. Your user name will be your email address. If you register for an account, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security
 

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the The Smoking Store LLC Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/Services
 

You may use the The Smoking Store LLC Site solely for your personal, non-commercial use. For example, you may use the The Smoking Store LLC Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search The Smoking Store LLC Site for User Content and or product information. You may also invite people you know to join the The Smoking Store LLC Site. You acknowledge and agree that we do not control the User Content posted to the The Smoking Store LLC Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the The Smoking Store LLC Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the The Smoking Store LLC Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the The Smoking Store LLC Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Restrictions on Rights to Use
 

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the The Smoking Store LLC Site, except and to the extent expressly permitted under these Terms of Use;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the The Smoking Store LLC Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the The Smoking Store LLC Site;
  • collect any information about other Users (including email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the The Smoking Store LLC Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users' enjoyment of the The Smoking Store LLC Site;
  • submit to the The Smoking Store LLC any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the The Smoking Store LLC Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the The Smoking Store LLC Site, any other Web site, or any computer or other device or system, or the enjoyment of the The Smoking Store LLC Site by any User;
  • use the The Smoking Store LLC Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the The Smoking Store LLC Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the The Smoking Store LLC Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the The Smoking Store LLC Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the The Smoking Store LLCSite or the IT infrastructure used to operate and make the The Smoking Store LLC Site available;
  • use the The Smoking Store LLC Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
  • collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.
User Content Posted By You on the The Smoking Store LLC Site
 

Registered Users of thesmokingstore.com may upload User Content to our websites. Without limiting the generality of any other provisions of these Terms of Use, you agree:

  • You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Use, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
  • You are solely responsible for any User Content you post, publish or display on the The Smoking Store LLC Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the The Smoking Store LLC Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
  • You will post only User Content you believe in good faith to be true and accurate, and you will not post to the The Smoking Store LLC Site any User Content that is false, inaccurate, misleading or fraudulent.
  • By uploading User Content to the The Smoking Store LLC Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) The Smoking Store LLC, our respective contractors, and our business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You further represent and warrant that you did not work with parties in conjunction with your User Content who are: i) represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to display your User Content in any media form; ii) subject to an acting or modeling contract that would make your/their appearance in the User Content a violation of any third-party rights; or iii) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent us from being able to use the User Content worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the The Smoking Store LLC Site. You understand that The Smoking Store LLC may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (“Idea”), that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action.
  • In return for your access to and use of the The Smoking Store LLC Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any Ideas you submit on the The Smoking Store LLC Site:
    • To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to The Smoking Store LLC and in doing so The Smoking Store LLCs' use of the Idea will not infringe upon any other individual's or entity's rights.
    • You understand that disclosure of your Idea to The Smoking Store LLC does not establish a confidential relationship or obligate The Smoking Store LLC to treat the Idea (or any related materials) as secret or confidential.
    • You understand that The Smoking Store LLC has no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that The Smoking Store LLC assumes no obligation with respect to any Idea. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.
    • If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to The Smoking Store LLC.
    • You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and The Smoking Store LLC, you hereby irrevocably release and forever discharge The Smoking Store LLC and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against The Smoking Store LLC and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how The Smoking Store LLC and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
  • The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the The Smoking Store LLC Site. You may not post any User Content that:
    • is patently offensive to users of the The Smoking Store LLC Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • promotes illegal activities or conduct that is abusive;
    • is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature; or
    • seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

The Smoking Store LLC retains the right to remove any User Content from its websites that in The Smoking Store LLCs’ sole discretion violates any of the restrictions or guidelines defined in these Terms of Use.

Copyrights
 

If you believe any User Content or any other aspect of the The Smoking Store LLC Site infringes your copyright, you should send written notice of copyright infringement to the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the The Smoking Store LLC Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the The Smoking Store LLC:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Snohomish County, Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by The Smoking Store LLC, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Smoking Store LLCs' sole discretion.

Ownership
 

As between you and us, The Smoking Store LLC Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the The Smoking Store LLC Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on The Smoking Store LLC Site are the proprietary property of The Smoking Store LLC or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on The Smoking Store LLC Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on The Smoking Store LLC Site without the express written permission of the trademark owner.

Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer
 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SMOKING STORE LLC SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SMOKING STORE LLC SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SMOKING STORE LLC SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE SMOKING STORE LLC SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SMOKING STORE LLC SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SMOKING STORE LLC SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SMOKING STORE LLC SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SMOKING STORE LLC SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SMOKING STORE LLC SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SMOKING STORE LLC SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

The Smoking Store LLC may display advertising prints for products sold through The Smoking Store LLC Site. The Smoking Store LLC attempts to display the colors of the products shown on the The Smoking Store LLC Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Limitation on Liability
 

IN NO EVENT SHALL THE SMOKING STORE LLC OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE SMOKING STORE LLC SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SMOKING STORE LLC SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, THE SMOKING STORE LLCS' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE SMOKING STORE LLC SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SMOKING STORE LLC SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity
 

You agree to indemnify and hold The Smoking Store LLC and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to The Smoking Store LLC Site, (ii) your use of The Smoking Store LLC Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites
 

We may display advertisements from third parties on The Smoking Store LLC Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SEARS SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Placing an Order
 
If you're ready to start shopping, you can go directly to your item or search for it by type of product, brand name, sku/item number, keyword, or by browsing categories and featured items.

Placing an order is as simple as finding the item/items yo want and click the Add to Cart button. The item/items you choose will be in your Cart until you're ready to Proceed to Checkout. If you proceed to checkout, you will be asked for your billing and shipping information. You will then choose your method of shipping, review your order and provide payment. The Smoking Store LLC currently ships to locations within the 50 United States via FedEx & USPS, U.S. Territories and APO/FPO military addresses via USPS and internationally to over 100 countries via USPS.

To see The Smoking Store LLCs’ shipping & returns policy in more detail, please see the The Smoking Store LLC shipping & returns policy.

The risk of loss and title for all merchandise ordered on this Website passes to you when the merchandise is delivered to the shipping carrier. You may purchase merchandise from The Smoking Store LLC Site by using any one of the options listed in our Payment Policy. The Smoking Store LLC reserves the right to change its payment procedures at any time without prior notice to you.

The Smoking Store LLC charges sales tax for merchandise ordered on The Smoking Store LLC Site that has a billing address located in the state of Washington. Sales tax rates will be based off of your billing zip code in the state of Washington.

The Smoking Store LLC reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

To properly serve all customers, The Smoking Store LLC reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. The Smoking Store LLC further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the The Smoking Store LLC site is expressly prohibited. The Smoking Store LLC reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.

Pricing errors may occur on The Smoking Store  LLCsite from time to time on items sold by The Smoking Store LLC. The Smoking Store LLC attempts to correct all pricing errors as soon as they are discovered, or as soon as The Smoking Store LLC receives notice of an error. The Smoking Store LLC reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from The Smoking Store LLC. Any payments you make to The Smoking Store LLC for orders that are cancelled due to pricing errors will be refunded.

Returns and Cancellations
 

Orders you submit online may be cancelled until they are processed. Orders with a status of “Processing” may not be cancelled, and you must wait until your receive the Merchandise in order to return it. Order status can be checked by signing in to your account and checking the view order status link or by calling customer service at 1-800-575-9095. All returns of merchandise are subject to the The Smoking Store LLCs' Return policy. Please click on the policy for more details.

Changes to Terms of Use
 

We reserve the right to make changes at any time to these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of The Smoking Store LLC Site after any modifications indicates your acceptance of the modified Terms of Use.

Disputes
 

Any dispute relative to The Smoking Store LLC Site or use or inability to use The Smoking Store LLC Site will be governed by the laws of the State of Washington, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on The Smoking Store LLC Site shall be submitted to confidential arbitration in Bothell, Washington, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Applicable law
 

By visiting The Smoking Store LLC Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and The Smoking Store LLC.

Miscellaneous
 

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind The Smoking Store LLC in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on The Smoking Store LLC Site. These Terms of Use, which shall be deemed accepted by you upon your use of The Smoking Store LLC Site, constitute the entire agreement among you and The Smoking Store LLC regarding use of The Smoking Store LLC Site. The Smoking Store LLCs' failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for The Smoking Store LLC Site and any notices regarding The Smoking Store LLC Site.

Our Address

Please send any questions or comments regarding this Site to:

The Smoking Store LLC
2020 Maltby Rd Ste 7-186
Bothell, WA 98021