Terms and Conditions
ACCEPTANCE OF TERMS THROUGH USE:
All products are sold from SmokeStik.com with the understanding that the purchaser has independently determined the suitability of the product for their own use and is of legal smoking age. By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensees and advertisers as well.
Although SmokeStik is an alternative to traditional tobacco use, it is best to abstain from smoking at all. Our product is intended for use by adults age eighteen or older only. We do not market our product to minors. SmokeStik makes no claim that their product is either safer or healthier than traditional cigarettes.
I AGREE TO BE BOUND BY THE LAWS AND JURISDICTION OF THE STATE OF TEXAS IN RELATION TO ANY DISPUTE REGARDING THIS OR ANY OTHER TRANSACTION MADE FROM SMOKESTIK.COM
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT THE WEBSITE MAY INCLUDE PRODUCTS WHICH CONTAIN NICOTINE; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY (SMOKESTIK) THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO PRODUCTS FOR YOUR OWN PERSONAL USE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, and data compilations are protected by United States and international copyright laws. No portion of the information on this website may be copied or reproduced in any form or by any means without prior written permission from Smokestik.com. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any SMOKESTIK publication for any public, private or commercial purpose.
Patents are pending for the SMOKESTIK unit and its components.
By visiting smokestik.com, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Smokestik.com or its affiliates.
If any provision of these Terms and conditions are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
SmokeStik E-Cigarette is not intended as a smoking cessation device.
Because the FDA has not approved the electronic cigarette yet, SmokeStik may make no claims as to the relative safety or health benefits of our product, nor does SmokeStik intend to do so knowingly.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSEES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
By use of this website you agree to defend, indemnify, and hold harmless the Company, its advertisers, licensees, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
COPYRIGHT © 2010 SMOKESTIK All Rights Reserved. SMOKESTIK is intended for use by adults of legal smoking age and is not intended for children, pregnant or breastfeeding women, or those suffering from a pre-existing medical condition. SMOKESTIK contains Nicotine, an addictive substance. Sale to underage persons prohibited. If you are under medication or may be sensitive to nicotine, consult your physician before use. Use of SMOKESTIK is at your own risk. These statements have not been reviewed by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. SMOKESTIK and this website is not affiliated or endorsed in any way with any other brands or product names and each are registered trademarks of their respective owners.
All persons using the Military Discount understand and authorize SmokeStik to validate qualifying information and agree to provide additional supporting documentation if requested.
If you have ever smoked traditional tar-based cigarettes, you are at risk for or may have already developed cancer. SmokeStik does not contain tobacco, tar, or the other multitudes of cancer-causing chemicals found in traditional cigarettes. However, SmokeStik cannot reverse damage already done to your body by smoking traditional cigarettes, or prevent you from developing cancer in the future as a result of smoking traditional cigarettes.
By using the SmokeStik Rewards Points program you agree to be bound by the terms and conditions set forth in these program rules.
Reward points will be earned at the rate of 1 point for every $10 spent on any and all products. Points are not awarded for funds spent on taxes or shipping. Each Reward point is worth $1 as applied to your purchase online in future orders. Points may not be used at the same time they are earned. Points have no cash surrender value and may not be sold or transferred.
SmokeStik reserves the right to cancel, modify, or restrict SmokeStik Rewards or any aspect of the Program, including, without limitation, the point conversion ratio and the point expiration policy at any time. Any changes can be made without advance notice. SmokeStik may make these changes even though such changes may affect the Member's ability to use points already accumulated.