Terms & Conditions
This is the smokezone.com website (the “Site”). smokezone.com provides services to you, subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE – USE OF SMOKEZONE.COM – USE OF ANY WEB PROPERTY OWNED BY SMOKEZONE.COM
You represent and warrant that you are at least 21 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Furthermore, you agree to the terms and conditions outlined in this Terms and Conditions Agreement in connection with our website www.smokezone.com (“site”, “our”, “website”, “us”, “we”,”www.smokezone.com“, “www.smokezone.com“).
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. We may, at our own discretion, alter the rules regulating our website. Using our website consequently, constitutes your agreement to abide by the rules and policies as they change. Change to the website may involve addition ore deletion of clauses, texts and/or other information, including, but not limited to, content and equipment and/or software upgrade or other required to access or use the website.
All descriptions of products, services or other materials available and related pricing are subject to change at any time without notice, at the sole discretion of www.smokezone.com.
The contents of this site are copyrighted by www.smokezone.com . All the content within this website including, but not limited to text, images, and coding is the property of www.smokezone.com. No content may be copied or reproduced in any form, hosted elsewhere online, or utilized in any means without the explicit written permission of www.smokezone.com. You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform, any of the material currently on, or has previously been on, our website.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes on the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under any U.S. jurisdictional or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, and software (collectively, “Content”), belongs exclusively to smokezone.com, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to smokezone.com, or its affiliates. All software used on this Site (the “Software”) is the property of smokezone.com, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. smokezone.com, and Smoke Zone Cigars, trade names or words are registered trademarks, trademarks or service marks of smokezone.com, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at: http://www.smokezone.com/privacy-policy.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you, pass to you, upon our delivery of the items to the carrier and pursuant to our standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This site is created and controlled by smokezone.com. in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
DISPUTES
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in California, 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 California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
OUR ADDRESS
Please send any questions, comments or anything in regards to this Site to:
smokezone.com
3214 E Thousand Oaks Blvd
Thousand Oaks, CA 91362
MOTO/Internet Cigar Sales Best Practices
First and foremost: You must be 21 years of age or older to visit the site and/or to make any type of purchase. Per our terms and conditions outlined above, you must be at least 21 years of age or older to enter, purchase or request products. This includes telephone callers and catalog customers. Purchasers must declare they are of legal age prior to purchasing products. Misrepresentation of purchasers age or identity may be punishable by law. Placing an order containing any tobacco products from www.smokezone.com is deemed as an acceptance and agreement that the receiver of these products is at or over the age of 21 years. By placing an order on our website, you swear and affirm under penalty of perjury that You are the person listed in the order, who is receiving the shipment of tobacco products from www.smokezone.com and that you are at or over the age of 21 years. Use of Our Website is prohibited if you are not 21 years or older.
We reserve the right to reject or cancel any order for any reason. No order shall be binding on www.smokezone.com. We will not be responsible for typographical errors. In the event that a www.smokezone.com product is marked at an incorrect price or discount, www.smokezone.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your order has already been processed and your charge for the purchase has been completed on our end and your order is cancelled, www.smokezone.com shall issue a refund to your credit card account in the amount of the incorrect price or canceled order.
If you received an order that included a free item, a full return cannot be made or processed without returning the free item as well. If the free item was not returned, its regular price shall be deducted from the refunded credit amount.
Furthermore, you confirm by submitting the order that any credit card information You supply is true, correct and complete, charges incurred by You will be honored by your credit card company, and You will pay the charges incurred by You at the posted prices, including any shipping fees and applicable taxes. Your billing information must match the information on your credit card statement. If it does not match, your order may be delayed during the verification process.
Not covered under our Refund or Reship policy
- If the delivery address provided in the order is found to be incomplete or incorrect, there will be no refund or reship offered.
- If the goods are returned to us for such reason, a $50 restocking fee will apply.
- If it is a common occurrence, your account with us will be terminated.
- We do not accept returns based on flavor profile and taste. As cigars are a product made from naturally grown leaves, there is always the possibility of variance in taste.
User-Generated Content
You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Twitter, Instagram and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law. You also irrevocably consent to our use and association of your name in connection with your Submissions. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will not be held responsible if information made available on this site is not accurate, complete or current. Some of the material on this site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents or update the information of our site at any time, but hold no obligation to do so. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
You agree that it is your responsibility to monitor changes to our site.
Monitoring, Enforcement, Termination
We reserve the right to:
- Limit or prohibit your access to or use of the Website at any time.
- Change, edit, remove or refuse to post any user Submissions for any or no reason in Our sole discretion.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions.
- These Terms & Conditions are effective unless and until terminated by either You or Us. You may terminate these Terms & Conditions at any time by notifying Us that you no longer wish to use Our services, or when you cease using our site.
Indemnification
You agree to defend, indemnify and hold harmless smokezone.com, or Our Affiliates, or Our/ their service providers, and Our/ their employees, agents, suppliers, successors and assigns(all of the foregoing “Company Parties”, “Company Party”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, Services and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Website.
As permitted by applicable law, you agree to, and you hereby, defend (if requested by Us), indemnify, and hold Company Parties harmless from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Company Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Site and/or Company Parties and/or your activities in connection with the Site and/or Company Parties; (ii) your breach or alleged breach of these Terms & Conditions; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental authorities in connection with your use of the Site and/or Company Parties or your activities in connection with the Site and/or Company Parties; (iv) any misrepresentation made by you; and (v) Company Parties use of the information that you submit to us subject to our Privacy Policy and Terms & Conditions. You will cooperate as fully required by Company Parties, in the defense of any claim and losses. You will not settle any claims and losses without, in each instance, the prior written consent of an owner of smokezone.com.
Surgeon General Warning
Cigar smoking is not a safe alternative to cigarettes. Cigar smoking can cause lung cancer and heart disease. Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale. Cigar smoking increases the risk of infertility, stillbirth and low birth weight. Cigars contain and produce chemicals known to The State of California to cause cancer, birth defects and other reproductive harm.
Changes to terms of service
You can review the most current version of the Terms & conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Us
Questions about the Terms & Conditions should be sent to us via email at info@smokezone.com.
Cigarette Shipments Prohibited
Smokezone.com, will not engage in any sales or shipment in any form, including, but not limited to internet, mail, or telephone of cigarettes to any cardholder with a billing address in the United States of America, including its Territories.
Cuban products are not sold
Age Verification Requirement
Smokezone.com ships its products with a carrier that will require an adult signature upon receipt. An adult is a person who is 21 years of age or older. smokezone.com strictly prohibits the sale or shipment of products to minors. Any individual in receipt of product(s) from smokezone.com must be at least 21 years old. We will not sell products or ship products to individuals under the age of 21. If you are 21 years of age or older and are purchasing product(s) from smokezone.com to be shipped to a location other than yours, please ensure that the product will be received and signed for by someone who is 21 years of age or older; otherwise, the shipment will not be received or delivered in accordance with Senate Bill 39, stating that an adult signature is required for California residents as well as a call confirming all orders. Calls will be placed after 5 pm PST. All shipments containing tobacco products or tobacco related accessories will be sent with an adult signature required. In accordance with state rules & regulations, at this time we are not sending shipments to Utah, Hawaii.
All special offers expire as noted.
We reserve the right to limit quantities.
Not responsible for typographical errors.
Issuance of this online service is not a commitment to sell.