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Disclaimer of Warranties and Damages; Limitation of Liability
THE
SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON
AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER SMOKEPLAZA NOR ITS CONTENT PROVIDERS WARRANT THAT THE
FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR
THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE
ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR
ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO
THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.
SMOKEPLAZA AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES
MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE,
INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN
UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
SMOKEPLAZA'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE
SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SITE.
UNDER NO
CIRCUMSTANCES SHALLSMOKEPLAZA, ITS PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE
SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS
OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL THE TOTAL LIABILITY OF SMOKEPLAZA, ITS PARENT
COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF
USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $50.
BY CHOOSING
TO USE THE PRODUCTS YOU PURCHASE AND RECEIVE FROM SMOKEPLAZA AND
ITS AFFILIATES, YOU ACCEPT FULL RESPONSIBILITY FOR ANY LIABILITY ARISING
OUT OF THEIR USE. SMOKEPLAZA DOES NOT WARRANT THAT PRODUCT
DESCRIPTIONS OR OTHER CONTENT OF THIS SITE IS ACCURATE, COMPLETE,
RELIABLE, CURRENT, OR ERROR-FREE. YOU ARE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES ARISING UNDER
NEGLIGENCE, ANY CONSEQUENTIAL DAMAGES WHETHER FORESEEABLE OR NOT, ANY
ECONOMIC LOSS, AND ANY OTHER LIABILITY AND DAMAGES DUE TO ANY CAUSE
ARISING FROM USING OR OBTAINING THE PRODUCTS RECEIVED FROM SMOKEPLAZA
AND ITS AFFILIATES.
Price Information
Otherwise stated explicitly, all prices displayed on this Site are quoted
in U.S. Dollars and subject to change at Smokeplaza's discretion.
Shipment Risk
All orders sent from SMOKEPLAZA are subject to a shipment contract,
where the risk of shipment loss pass to the customer upon SMOKEPLAZA's
delivery to the shipping carrier.
Smokeplaza Rights to Materials Provided by Users
Smokeplaza welcomes your comments regarding our merchandise and
services, including the Site. However, any or all material and information
provided by you to the Site may be included in a database owned by
Smokeplaza and its subsidiaries and affiliates in which we have rights
and interest, including but not limited to, the compilation copyright. We
reserve the right to use any information or materials you provide to us or
that we obtain through your use of the Site to the fullest extent
permitted by law.
By posting
messages, uploading files, inputting data or engaging in any other form of
communication (individually or collectively "Communications") to or within
the Site, you grant to Smokeplaza a perpetual, worldwide,
irrevocable, unrestricted, non-exclusive, royalty-free license to use
(including use for promotional and advertising purposes), copy, license,
sublicense, adapt, distribute, display, publicly perform, reproduce,
transmit, modify, edit and otherwise exploit such Communications and any
ideas or original materials contained in such Communications, in all media
now known or hereafter developed. This grant shall include the right to
exploit any and all proprietary rights in such Communications including,
without limitation, any and all rights under copyright, trademark, service
mark or patent laws under any relevant jurisdiction. You waive all rights
you may have to inspect and/or approve of any use by Smokeplaza of
any material or idea submitted by you in any Communications or receive any
compensation for such use. You waive all rights to any claim against
Smokeplaza for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of
attribution in connection with such Communications. You agree and
understand that Smokeplaza is under no obligations to use any
material or ideas submitted by you in any Communications in any way
whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not
confidential and your Communications may be read or intercepted by others.
You acknowledge that by submitting Communications to Smokeplaza or
the Site, no confidential, fiduciary, contractually implied or other
relationship is created between you and Smokeplaza or
Smokeplaza's any affiliate, parent company or subsidiary other than
pursuant to these terms and conditions of use. Smokeplaza shall not
be responsible for the payment of any monies to any party in connection
with Smokeplaza‘s use of Communications submitted by you to the
Site.
Indemnification
You shall indemnify, defend and hold harmless Smokeplaza, its
parent, subsidiary and other affiliated entities, and all their officers,
directors, owners, agents, employees, Content providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") from and
against any and all losses, damages, liabilities, and claims and all fees,
costs, expenses, of any kind related thereto (including, without
limitation, reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of, based upon or
resulting from your use of the Site. Smokeplaza reserves the right,
at its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you and you shall not in
any event settle any matter without the written consent of Smokeplaza.
The Site
may contain links and pointers to the other related World Wide Web
Internet sites, resources, and sponsors of the Site. Links to and from the
Site to other third party sites, maintained by third parties, does not
constitute an endorsement by Smokeplaza or any of its parent
companies, subsidiaries and affiliates of any third party resources or
their contents. Links do not imply that Smokeplaza or the Site
sponsors are affiliated or associated with or are legally authorized to
use any trademark, tradename, logo or copyright symbol displayed in or
accessible through the links, or that any linked sites are authorized to
use any trademark, tradename, logo or copyright symbol of Smokeplaza
or any of its affiliates.
You should
direct any concerns regarding any external link to its site administrator
or Webmaster. Smokeplaza does not represent or endorse the accuracy
or reliability of any advice, opinion, statement, or other information
displayed or distributed through the Site. You acknowledge that any
reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. Smokeplaza reserves the
right, in its sole discretion, to correct any errors or omissions in any
portion of the Site.
By choosing
to use the products you purchase and receive from Smokeplaza and
its affiliates, you accept full responsibility for any liability arising
out of their use. You are liable for any damages whatsoever, including but
not limited to, any damages arising under negligence, any consequential
damages whether foreseeable or not, any economic loss, and any other
liability and damages due to any cause arising from using or obtaining the
products received from Smokeplaza and its affiliates
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