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DISCLAIMER
(Read before purchasing)
By ordering
any products from 420-Smoke-Shop you are agreeing unconditionally to all terms
as described in this disclaimer. These terms may be changed at any time without
notice, so be advised to read them prior to each order.
Terms:
These products may not be purchased by anyone under the age of 18. These
products should not be taken by anyone who is presently taking prescribed
medication, or any prescription drugs. Do not take if you are pregnant, have
high blood pressure, heart or thyroid disease, diabetes, difficulty in urination
due to enlargement of prostrate, or if taking MAO inhibitors, antidepressants,
or any other prescription drug.
We Ship
Internationally but can't keep up with the laws in every country - make sure to
check local laws for restrictions on our products. Shipping may take
1-6 weeks depending on products that are in stock. In the event that
shipping will take longer because of foreseen reasons, we will make our best
attempt to email you letting you know of the expected shipping date.
Complete
Disclaimer of Liability
The purpose of this document is to alleviate the manufacture, distributor and
retail outlet for any products, of any, and all liability, arising out of any
injury caused as a result of use, or misuse of these products.
- I am over
18 and an adult under the laws of my State and Country.
- I have no
medical conditions and am not mentally disabled. I am in good health and
capable of making my own decisions.
- I am
either:
- In good
health, with no pre-existing medical conditions whatsoever &
currently under no medication, prescription, over-the-counter, or
otherwise.
- Under
the case, or advise of a medical professional who has conducted an
examination and recommended one of our products as a dietary supplement
for me.
- I clearly
understand that all products & information received through
420-Smoke-Shop
are provided 'AS IS' and without warranty, express or implied. All implied
warranties of merchantability, therapeutic effects, fitness and taking this
product for a particular use, effect or purpose, are hereby excluded.
4.1 I further understand that "extracts" or
"herbal smoke" is NOT for human consumption; products are for specimen,
collection, incense, smudging, or for legitimate scientific research purposes
only.
- In no event
will 420-Smoke-Shop be liable to me or anyone else for any damages, or injury,
caused by ingestion of these products, or by it's use, or misuse, or
action taken by me in reliance on information, or views, either verbal, or in
literature viewed, or purchased through 420-Smoke-Shop, or for any incidental,
consequential, special, or similar damages.
- I agree
that 420-Smoke-Shop's liability, if any, for damages (including, without
limitation, or liability, arising from physical, or mental harm, caused by any
products liability, arising out of contract, negligence, strict liability or
tort, shall not exceed the cost of the product which I purchased from
420-Smoke-Shop
- I herein
agree to without limitation, indemnify, and hold harmless, 420-Smoke-Shop, and
all other parties involved including their owners, officers,
affiliates, associates, & employees for any, and all damages incurred as
result of the products use. These parties shall not be liable under
any theory whatsoever.
- In no event
shall 420-Smoke-Shop be liable under any damages other than the amount paid
by me for the product. Any, and all other damages, direct or indirect, special,
incidental, consequential or punitive, are hereby excluded.
- I do not
intend to use this product for any illegal purposes. I understand that these
products are not intended for illegal use, or in conjunction with any illegal
substances, and are sold only as a herbal dietary supplement.
- I am not a
law enforcement officer, nor am I a government employee. I am not associated
with, nor affiliated with any government agency, nor am I ordering the product
under the instruction of any government agent, or agency, or law enforcement
agency, whatsoever.
I have clearly read and understand any,
and all cautions & warnings, included but not limited to the warnings
printed on the label (if any) and any additional Warnings & Cautions. I
herein agree to carefully abide by these cautions & warnings. If I am
uncertain if these products are right for me, or of any of the warnings
or cautions, I shall consult my doctor prior to taking it. I also
understand that by purchasing any product or signing up for any service
of 420-Smoke-Shop, that I agree to receive special email offers from
420-Smoke-Shop and it's affiliates.
Additional Disclaimer:
10/20/2007
THE FOLLOWING TERMS
AND CONDITIONS APPLY TO YOUR USE OF THIS WEBSITE AND BY ACCESSING
THIS WEBSITE AND PARTICIPATING IN ONLINE SURVEYS, USING THE ONLINE
DIALOGUE FACILITY, CONTENT AND OTHER SERVICES ("SERVICES") YOU AGREE
TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR USE
THIS WEBSITE AND THE SERVICES PROVIDED.
1
Definitions
In these Terms of Use unless inconsistent with the context or
otherwise specified the following definitions will apply to words
and expressions:
"Services" means the content and services provided via this Website
including but not limited to online conversations;
"Terms of Use" means these terms and conditions and any additional
terms and conditions or disclaimers with reference to or displayed
on the Website whether by hypertext link or otherwise;
"We/us" means 420-Smoke-Shop
of PO Box 113 Luzerne, Pa U.S.A.
"Website" means this "420-Smoke-Shop" website located at
http://www.420-smoke-shop.com or
any subsequent URL used by us from time to time;
"You" means the person accessing and using this Website and the
legal entity you represent during the course of employment or
engagement by that entity.
2
"420-Smoke-Shop" Services
2.1 By accessing or using the Services You agree to be legally bound
by these Terms of Use. By clicking and acknowledging that You agree
to these Terms of Use on the Website You confirm that You accept
these Terms of Use.
2.2 We reserve the right to amend these Terms of Use at any time.
Amendments will take effect when posted on the Website. It is your
responsibility to read the Terms of Use before using the Services.
The date of the Terms of Use is stated at the top of the Terms of
Use posted on the Website.
2.3 The Services and this Website are subject to availability.
2.4 We reserve the right to withdraw any Services from this Website
and to edit or remove any information or content on the Website at
any time.
2.5 Due to the nature of the Internet, You acknowledge that You may
not be able to access the Website and the Website or the Services
may not be available at all times.
3
Passwords
3.1 You can browse our Website at any time without registering.
However, only registered users may access and use certain Services
provided via the Website. In order to become a registered user, You
are required to fill in the online registration form.
3.2 In order to use or take part in certain Services, You will need
to key in a password. You are responsible for keeping your personal
password secure and confidential. If You believe that your password
has become known to another person, then You must notify us as soon
as possible. You should not share, display, disclose or permit your
password to be disclosed to any other party.
3.3 You are responsible for use of the Services when access to the
Services is obtained through the use of your login ID and password.
3.4 You agree not to impersonate any other person or entity or use
any false name or use any other person's login ID and password to
access the Website.
3.5 You agree and warrant that You will implement and comply with
the above procedures.
3.6 We reserve the right to withdraw login ID and passwords at any
time without notice and in our sole discretion where We have reason
to believe that such login ID and password have been discovered
and/or used by any person or organization other than You.
4
User Conduct
4.1 The conversation areas of the Website may not be used by You for
commercial purposes.
4.2 You are solely responsible for interactions with other users of
the Services.
4.3 You agree not to use or permit another to use the Website or
Services:
(a) to upload or post or transmit or otherwise make available any
content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libellous, invasive of
another's privacy, infringes a third party's intellectual property
rights, hateful, or racially, ethnically or otherwise considered by
us in our absolute discretion to be objectionable or unlawful;
(b) to upload, post or email any unsolicited or unauthorized
advertising, promotional materials, 'spam' or any other form of
solicitation;
(c) to cause or introduce a software virus or other disruptive
program;
(d) in any way that is not authorized by us or is in breach of the
Terms of Use;
(e) in a manner that negatively affects other users' ability to
engage in online conversations;
(f) in any way that is in breach of or violates applicable national
or international laws or regulations.
4.4 You acknowledge that we do not pre-screen content and that
content publicly or privately transmitted or posted on or via the
Website by You or other users of the Website is the sole
responsibility of the person from which the content originated. We
do not guarantee the accuracy, integrity or quality of such content.
4.5 Without prejudice to any other rights, We reserve the right in
our discretion to suspend the provision of all or any part of the
Service and/or modify, block or remove any postings or content if We
have reason to believe that such material is in violation of the
Terms of Use.
5
Modifications and Variations
5.1 We reserve the right to:
(a) modify or withdraw this Website, the Services (or any part) at
any time without notice; and/or
(b) amend or change the Terms of Use from time to time.
5.2 It is your responsibility to read the Terms of Use when
accessing the Website or before using or participating in the
Services.
6
Intellectual Property Rights
6.1 You are granted a limited licence to access and use this Website
solely for your own internal purposes. All contents of this Website
including, but not limited to, the text, graphics, links and sounds
are owned by us or our third party licensors and may not be copied,
downloaded, distributed or published in any way without our prior
written consent, except that You may print, copy, download or
temporarily store extracts for your personal information or when You
use the Services.
6.2 You are not permitted to use any trademarks or service marks
whether registered or unregistered of "CLDMKTGCO/420-Smoke-Shop" or any other marks
available on the Website without our prior written consent. You may
not frame or utilize framing techniques that include any proprietary
information such as images, text or page layout without our prior
written consent. You may not use any "metatags" or any other type of
hidden text that uses any trade marks or service marks without our
prior written consent.
6.3 You agree not to copy, modify, download (other than page
caching), store or sell any part of this Website without our prior
written consent.
6.4 Any content available on this Website, including but not limited
to any surveys or conversations, may not be disclosed, reproduced,
copied, sold, used or exploited for any commercial purpose other
than for participating in Services via this Website.
6.5 In relation to any information, materials or other content that
You upload, submit to us or post via this Website, You grant us a
world-wide, non-exclusive, royalty-free, perpetual, irrevocable and
fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, such information,
ideas, know-how, concepts, techniques and materials (in whole or
part) for any purpose, including without limitation, copying,
transmission, distribution, publication or incorporating such
content in other works in any form, media or technology now known or
developed unless restricted by applicable law.
6.6 You represent and warrant that You own or otherwise control all
of the intellectual property rights and information, materials or
other content that You upload, submit to us or post via this
Website.
7
Complaints
7.1 Please email us at
usherbalexpress@aol.com immediately if You:
(a) are offended by any content on the Website;
(b) witness breaches of our Terms of Use in the conversation areas
or any other areas of the Website.
7.2 We reserve the right to take whatever action we deem necessary
to prevent breaches of these Terms of Use.
8
Data Protection and Privacy
8.1 You agree that any and all personal information and data
collected from You via this Website or as part of the Services from
time to time may be used in accordance with our current Privacy
Statement.
8.2 You warrant that the personal information You provide to us is
true, accurate and complete in all respects and You will notify us
immediately if there is any change in the personal information that
You have supplied to us.
8.3 You agree that You will not collect, store or use personal data
about other users of the Website.
9
LIABILITY
9.1 WE MAKE EVERY REASONABLE EFFORT TO PROVIDE ACCURATE, COMPLETE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, THE WEBSITE AND
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO
NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND EXPRESS OR
IMPLIED REGARDING THE CONTENTS OR AVAILABILITY OF THE WEBSITE OR
SERVICES.
9.2 USE OF THE WEBSITE AND ITS RELATED SERVICES ARE AT YOUR SOLE
RISK. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR
CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR
USE OR RELIANCE ON THE WEBSITE OR SERVICES TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW.
9.3 WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND
REPRESENTATIONS (EXCLUDING FRAUDULENT MISREPRESENTATION) OF ANY
KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH
THE SERVICES AND THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
9.4 DUE TO THE NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT
ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT ANY E-MAILS OR
OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED BY US
OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING
TRANSMISSION.
9.5 ANY SOFTWARE DOWNLOADED FROM THIS WEBSITE OR AS PART OF THE
SERVICES IS AT YOUR OWN RISK AND WE DO NOT ACCEPT LIABILITY FOR ANY
DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF
ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR
OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THIS WEBSITE. WHILST
WE WILL DO OUR BEST TO ENSURE THAT THE WEBSITE IS FREE FROM SUCH
DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE
PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS.
9.6 ANY HYPERLINKS TO THIRD PARTY SITES PROVIDED VIA THIS WEBSITE
EXIST FOR INFORMATION PURPOSES AND YOUR CONVENIENCE ONLY AND WE DO
NOT ENDORSE THE CONTENT OF SUCH SITES. WE ARE UNABLE TO ACCEPT ANY
LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM
THE CONTENT OF SUCH SITES OVER WHICH WE HAVE NO CONTROL.
10
Indemnity
You agree to indemnify and keep us indemnified and defend us, our
officers, agents, employees and contractors immediately upon demand
from and against all actions, liability, claims, direct or indirect,
losses, damages, costs and expenses (including legal fees) We incur
arising directly or indirectly from any third party claim against
us, our officers, agents, employees and contractors as a result of
your breach of these Terms of Use.
11
General Information
11.1 You may not use any part of the Website or its content on any
other website or link to the Website without our prior written
consent.
11.2 We reserve the right to transfer or assign all or any of our
rights and duties and responsibilities set out in these Terms of Use
to another party.
11.3 Headings have been included for convenience only and will not
be used in construing any provision of these Terms of Use.
11.4 No delay or failure by us to exercise any powers, rights or
remedies under these Terms of Use will operate as a waiver of them
nor will any single or partial exercise of any such powers, rights
or remedies include any other or further exercise of them.
11.5 If any part of the Terms of Use is found by a court of
competent jurisdiction or other competent authority to be invalid,
unlawful or unenforceable then such part shall be severed from the
remainder of these Terms of Use which will continue to be valid and
enforceable to the fullest extent permitted by applicable law.
11.6 To the extent permitted by applicable law, these Terms of Use
will be construed in accordance with and governed by the laws of
Pennsylvania and each party agrees to submit to the exclusive
jurisdiction of the courts of Pennsylvania.
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