TERMS OF SERVICE

—–

OVERVIEW

This website is operated by Big Smoke Distro – bigsmokedist.com throughout the site, the terms “we”, “us” and “our” refer to Big Smoke Distro – bigsmokedist.com.

You, the user, are granted access to this website by bigsmokedist.com, together with all of the tools, information, and services it provides, subject to your agreement of the terms, conditions, policies, and notices listed above.

You agree to be governed by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and conditions and policies mentioned here and/or accessible by hyperlink, by using our site and/or making a purchase from it. All users of the website are subject to these terms of service, including but not limited to browser users, vendors, buyers, merchants, and/or content creators.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

The Terms of Service will also apply to any new tools or features that are introduced to the existing store. The most recent version of the Terms of Service is always available on this page. We reserve the right to post updates and/or modifications to our website in order to update, modify, or replace any portion of these Terms of Service. It is your duty to periodically review this page for updates. Acceptance of any modifications is indicated by your continued use of the website or access to it after they are posted.

WordPress is used to host our store. They give us the online platform for e-commerce so we may sell you our goods and services.

SECTION 1 – ONLINE STORE TERMS

You attest that you are at least the legal majority age in your state or province of residence by accepting these Terms of Service, or that you are the legal majority age in your state or province of residence and that you have granted us permission to permit any of your minor dependents to use this website.

You must not violate any laws in your jurisdiction (including but not limited to copyright laws) or use our products for any unlawful or unauthorized purposes.

You are not allowed to spread any viruses, worms, or destructive codes.

Your services will be terminated immediately in the event that any of the Terms are broken.

SECTION 2 – GENERAL CONDITIONS

We maintain the right to deny service to anybody at any time for any reason.

You are aware that your data (except credit card information) may be sent in an unencrypted manner and that it may (a) be transmitted across several networks and (b) be modified to meet the technical specifications of the devices or networks that are connected to it. Every time credit card information is transferred across networks, it is encrypted.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headers used in this contract are merely for convenience and have no bearing on these terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. 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 timelier sources of information. Any reliance on the material on this site is at your own risk. 

It is not our responsibility to make sure that, as the retailer, you are buying goods that adhere to local, state, and federal laws.

There may be some historical material on this website. Information from the past is usually not up to date and is simply offered for your reference. Although we have no duty to update any information on our site, we retain the right to change its contents at any moment. You acknowledge that it is your duty to keep an eye on any modifications made to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products which appear at the store. We cannot guarantee your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We make no guarantees that any goods, services, information, or other materials you buy or get will live up to your standards or that any mistakes in the service will be fixed.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

Any order you place with us may be refused by us at any time. We reserve the right to restrict or cancel the number of items that can be purchased per person, per household, or per order. Orders made using the same credit card, the same customer account, or the same billing and/or delivery address may be subject to these limitations. We might try to get in touch with the email address and/or billing address/phone number you supplied at the time of the order in order to let you know if we change or cancel it. We maintain the right, in our sole discretion, to restrict or forbid orders that seem to have been placed by distributors, resellers, or dealers.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may not provide you with access to third-party tools over which we monitor nor have any controls or input.

You acknowledge and agree we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of the site’s optional tools is completely at your own risk and discretion, and you should make sure that you understand and agree to the conditions under which the relevant third-party provider or providers supply the tools.

Additionally, we might eventually add additional features and/or services to the website (such as the introduction of fresh tools and resources). These Terms of Service will also apply to such new features and/or services.

SECTION 8 – THIRD-PARTY LINKS

Materials from third parties may be included in some of the products, services, and content that are made available through our service.

This website may contain third-party links that take you to unaffiliated third-party websites. We do not guarantee or assume any duty or obligation for any third-party materials or websites, or for any other materials, products, or services of third parties. We are also not in charge of reviewing or assessing the content or accuracy.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You pledge that your remarks won’t infringe upon any third party’s rights, including copyright, trademark, privacy, personality, or any other proprietary or personal rights. Additionally, you promise that your comments won’t contain any offensive, abusive, or obscene content, or that they won’t contain any malware or computer viruses that could interfere with the service or any associated websites. You are not allowed to use a fictitious email address, pose as someone else, or otherwise mislead us or other parties about where any comments are coming from. The veracity of any remarks you make is entirely your responsibility. Any remarks that you or any third party submit are not our responsibility, and we do not assume any duty.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Information on product descriptions, prices, promotions, offers, product shipping costs, delivery times, and availability may occasionally contain typographical mistakes, inaccuracies, or omissions on our website or in the Service. If any information in the Service or on any connected website is incorrect at any time without prior notice, we have the right to remedy any mistakes, inaccuracies, or omissions, as well as to update or modify information or cancel orders (even after you have completed your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate all information in the Service or on any related website has been modified or updated. 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code which will or may be used in any way which will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant the results which may be obtained from the use of the service will be accurate or reliable. 

You acknowledge that we may occasionally terminate the service without providing you with prior notice or remove it for indeterminate lengths of time.

You explicitly acknowledge that using the service—or not using it—is entirely at your own risk. The service and all goods and services that you receive through it are given to you “as is” and “as available” for your use, unless we specifically state otherwise. This includes all implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, as well as any representations, warranties, or conditions of any kind.

In no case shall BIG SMOKE DISTRO – bigsmokedist.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way 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 the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

In the event that you violate these Terms of Service or the documents they incorporate by reference, or if you violate any law or third-party rights, you agree to indemnify, defend, and hold Bigsmokedist – bigsmokedist.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party.

SECTION 15 – SEVERABILITY

If a provision of these Terms of Service is found to be illegal, void, or unenforceable, it will still be enforceable to the fullest extent allowed by applicable law, and the unenforceable part will be considered to be removed from these Terms of Service. The validity and enforceability of the remaining provisions will not be impacted by this ruling.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

Any previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service), are superseded by these Terms of Service and any policies or operating rules that we post on this website or in relation to the Service. These Terms of Service and these policies and rules constitute the entire agreement and understanding between you and us and govern your use of the Service.

The writing party shall not be held liable for any ambiguities in the interpretation of these Terms of Service.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ottawa ON CA K0C 2K0.

SECTION 19 – CHANGES TO TERMS OF SERVICE

The most recent version of the Terms of Service is always available on this page.

By publishing updates and modifications on our website, we retain the right, at our sole discretion, to amend, replace, or update any portion of these Terms of Service. It is your duty to periodically check our website for updates. Acceptance of any modifications to these Terms of Service is shown by your continued use of or access to our website or the Service after they are posted.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]