Service Terms

Overview

This website is operated by Smoke Genius. In the context of this website, the terms “we,” “us,” and “our” refer to Smoke Genius. We provide this website, along with all the information, tools, and services available here, to you, the user, under the condition that you accept all the terms, conditions, policies, and notices presented here.

By visiting our site and/or making a purchase from us, you engage in our “Service” and agree to adhere to the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced in this document or available through hyperlinks. These Terms of Service apply to all users of the site, encompassing browsers, vendors, customers, merchants, and content contributors.

Before accessing or using our website, please carefully read these Terms of Service. By accessing or using any part of the site, you signify your agreement to comply with these Terms of Service. If you do not agree with all the terms and conditions outlined in this agreement, you are not authorized to access the website or use any of the services it provides. If these Terms of Service are considered an offer, your acceptance is explicitly limited to these Terms of Service.

Any new features or tools added to the existing store will also be subject to these Terms of Service. You can review the most up-to-date version of the Terms of Service on this page. We retain the right to update, modify, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page for updates. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes

Chapter 1 – Terms for Using Our Online Store

By accepting these Terms of Service, you affirm that you are of the legal age of majority in your state or province of residence. Alternatively, you confirm that you are of the legal age of majority in your state or province of residence and have provided us with consent for any of your minor dependents to use this site.

You are prohibited from using our products for any unlawful or unauthorized purposes. Furthermore, when utilizing the Service, you must not contravene any laws in your jurisdiction, including, but not limited to, copyright laws.

You are strictly prohibited from transmitting any worms, viruses, or any other code that may be detrimental in nature.

Any breach or violation of these Terms will result in the immediate termination of your access to our Services.

Chapter 2 – General Terms and Conditions

We retain the right to decline service to any individual at our discretion, without the need for specific justification.

You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transfers over various networks and (b) adjustments to meet the technical requirements of interconnected networks or devices. However, please note that credit card information is always encrypted when transmitted over networks.

You consent not to replicate, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or access to the Service, including any communication on the website through which the Service is provided, unless you have received express written permission from us.

The headings used in this agreement are provided for convenience purposes only and will not constrain or otherwise impact these Terms in any way.

Chapter 3 – Precision, Thoroughness, and Timeliness of Information

We do not assume responsibility for the accuracy, completeness, or timeliness of the information available on this site. The content on this site is intended for general informational purposes and should not be solely relied upon for decision-making without consulting primary sources of information that are more accurate, comprehensive, or up-to-date. Any reliance on the material on this site is done at your own risk.

This site may include certain historical information. Historical information, by its nature, is not current and is provided solely for your reference. We retain the right to modify the contents of this site at any time, but we are not obligated to update any information on our site. You acknowledge that it is your responsibility to monitor any changes to our site.

Chapter 4 – Alterations to the Service and Pricing

The prices of our products may change without prior notice.

We retain the right to make alterations or cease the Service, or any part or content thereof, at any time without prior notice.

We will not be held liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuations of the Service.

Chapter 5 – Offered Products and Services

Certain products or services may be exclusively available through our website. These items may have limited quantities and are eligible for return or exchange solely in accordance with our Return Policy.

We have put forth our best efforts to accurately display the colors and images of our products on the store. However, we cannot guarantee that your computer monitor will accurately represent the color of the products.

We reserve the right, though we are not obligated, to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. Additionally, we maintain the right to limit the quantities of any products or services we offer. Descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services made on this site are void where prohibited.

We do not provide warranties regarding the quality of any products, services, information, or other materials purchased or obtained through our site, nor do we guarantee that any Service errors will be corrected.

Chapter 6 – Precision of Billing and Account Details

We retain the right to decline any orders placed with us. At our discretion, we may limit or cancel quantities purchased per individual, household, or order. These limitations may apply to orders placed under the same customer account, using the same credit card, or sharing the same billing and/or shipping address. If we modify or cancel an order, we will make an effort to notify you by contacting the email address and/or billing address/phone number provided when the order was placed. We also reserve the right to restrict or disallow orders that, in our sole judgment, seem to originate from dealers, resellers, or distributors.

You are responsible for providing current, complete, and accurate purchase and account information for all transactions conducted at our store. It is your responsibility to promptly update your account and other details, including your email address, credit card numbers, and expiration dates, to ensure the completion of your transactions and to facilitate necessary communication with you.

Chapter 7 – Tools and Features (Optional)

We may grant you access to third-party tools for which we do not monitor, control, or provide input.

You acknowledge and agree that we offer access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsing them. We bear no liability arising from or related to your utilization of these optional third-party tools.

Your use of the optional tools provided on the site is entirely at your own risk and discretion. It is essential to ensure that you are familiar with and accept the terms under which these tools are provided by the respective third-party providers.

Additionally, in the future, we may introduce new services and/or features on the website, including the release of new tools and resources. These new features and/or services will also be subject to these Terms of Service.

Chapter 8 – Links to Third-Party Websites

Some content, products, and services accessible through our Service may contain materials provided by third parties.

Links to third-party websites on this site may redirect you to websites that are not affiliated with us. We do not assume responsibility for reviewing or assessing the content or accuracy of these third-party materials, and we do not guarantee or accept liability for any third-party materials, websites, or any other materials, products, or services offered by third parties.

We are not responsible for any damages or harm arising from the purchase or use of goods, services, resources, content, or any other transactions conducted with third-party websites. Prior to engaging in any transaction, please carefully review the policies and practices of the third party and ensure that you fully understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Chapter 9 – User Feedback, Comments, and Other Submissions

If you send us specific submissions at our request (such as contest entries) or if you send creative ideas, suggestions, proposals, plans, or other materials to us without a request, whether through online means, email, postal mail, or any other method (collectively referred to as “comments”), you agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and use your comments in any medium, at any time, without any limitations. We are not obligated to (1) keep your comments confidential, (2) compensate you for your comments, or (3) provide a response to your comments.

While we may, at our sole discretion, monitor, edit, or remove content, we are not obligated to do so. We may remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not infringe upon the rights of any third party, including copyrights, trademarks, privacy, personality rights, or any other personal or proprietary rights. Furthermore, your comments shall not contain libelous or unlawful material, be abusive or obscene, or contain any computer viruses or malware that may affect the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of your comments. You are solely responsible for the accuracy and content of your comments. We assume no responsibility and accept no liability for any comments posted by you or any third party.

Chapter 10 – Handling of Personal Information

The provision of personal information through the store is regulated by our Privacy Policy.

Chapter 11 – Mistakes, Inaccuracies, and Omissions

From time to time, there may be instances where our site or the Service contains typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We hold the right to rectify such errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information in the Service or on any associated website is found to be inaccurate, without prior notice (even after you have placed your order).

We are not obligated to refresh, amend, or clarify information in the Service or on any related website, including pricing information, unless required by law. The presence of a specific update or refresh date in the Service or on any related website should not be interpreted as an indication that all information in the Service or on any related website has been altered or updated.

Chapter 12 – Unauthorized Activities

In addition to the other restrictions outlined in the Terms of Service, you are expressly prohibited from using the site or its content for the following purposes:

(a) Engaging in any unlawful activities.

(b) Soliciting others to partake in unlawful actions.

(d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others.

(e) Engaging in any form of harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(f) Submitting false or misleading information.

(g) Uploading or transmitting viruses or any other malicious code that could disrupt the functionality or operation of the Service, any related website, other websites, or the Internet.

(h) Collecting or tracking the personal information of others.

(i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.

(j) Utilizing the Service for any obscene or immoral purposes.

(k) Attempting to interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.

Chapter 13 – Warranties Disclaimer; Liability Limitation

We cannot guarantee, represent, or warrant that your use of our service will be continuous, punctual, secure, or devoid of errors.

We do not guarantee the accuracy or reliability of the results that may be derived from using the service.

You acknowledge that we may, on occasion, suspend the service for extended periods or terminate it at any time without prior notice to you.

You expressly agree that your use of, or inability to use, the service is solely at your own risk. The service and all products and services provided to you through the service are offered “as is” and “as available” without any representations, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, quality, fitness for a specific purpose, durability, title, and non-infringement, unless expressly stated by us.

In no event shall Smoke Genius, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any harm, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any nature. This includes, but is not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs, or any similar damages, whether arising from contract, negligence, strict liability, or otherwise, as a result of your use of the service or any products procured through the service, or any other claim related to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if we have been advised of the possibility of such damages.

In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability will be limited to the maximum extent permitted by law.

Chapter 14 – Indemnification

You consent to indemnify, defend, and shield Smoke Genius, along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, which includes reasonable legal fees, brought forth by any third party due to or resulting from your violation of these Terms of Service or the documents they reference, or your infringement of any law or the rights of a third party.

Chapter 15 – Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it shall still be enforceable to the maximum extent allowed by applicable law, and the unenforceable part shall be considered severed from these Terms of Service. Such a determination shall not impact the validity and enforceability of the remaining provisions.

Chapter 16 – Termination

The rights and responsibilities of the parties that were incurred prior to the termination date will persist following the termination of this agreement for all intents and purposes.

These Terms of Service will remain in effect unless terminated by either you or us. You have the option to terminate these Terms of Service at any time by notifying us of your decision to discontinue using our Services or by ceasing to use our site.

If, at our sole discretion, we determine that you have violated or are suspected of violating any term or provision of these Terms of Service, we may terminate this agreement without prior notice. In such cases, you will remain responsible for any outstanding amounts up to and including the termination date. We may also choose to deny you access to our Services (or any portion thereof) accordingly.

Chapter 17 – Complete Agreement

The fact that we do not exercise or enforce any right or provision in these Terms of Service does not waive our right to do so in the future.

These Terms of Service, along with any policies or operational guidelines we publish on this site or regarding the Service, constitute the complete agreement and understanding between you and us. They govern your use of the Service and supersede any previous or concurrent agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service should not be construed against the party that drafted them.

Chapter 18 – Applicable Law

These Terms of Service, in addition to any separate agreements through which we offer you Services, will be subject to and construed in accordance with the laws of Canada.

Chapter 19 – Modifications to Terms of Service

You can always view the most up-to-date version of the Terms of Service on this page.

We retain the right, at our sole discretion, to revise, modify, or substitute any portion of these Terms of Service by publishing updates and alterations on our website. It is your duty to periodically review our website for revisions. Your ongoing use of or access to our website or the Service after any amendments to these Terms of Service have been posted constitutes your acceptance of those amendments.

Chapter 20 – Contact Details

If you have any inquiries regarding the Terms of Service, please feel free to reach out to us at [email protected]