Terms and Condition

Ownership Of Site; Legal Information And Notices

These Terms and Conditions of Use (“the Terms Of Use”) apply to the PacificSmoke.com website located at www.pacificsmoke.com, and all associated sites linked to www.pacificsmoke.com by www.pacificsmoke.com, its subsidiaries and affiliates, including www.pacificsmoke.com sites around the world (collectively as “the Site”). The Site is a property of www.pacificsmoke.com (“www.pacificsmoke.com”) and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT PROCEED TO USE THE SITE.

www.PacificSmoke.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, www.PacificSmoke.com grants you a personal non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, ideas, videos, blogs, logos, contests, sounds, music, artwork, and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site and owned, controlled or licensed by or to www.PacificSmoke.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without www.PacificSmoke.com’s expressed prior written consent.

You may use information on www.PacificSmoke.com products purposely and expressly made available by www.PacificSmoke.com for downloading from the Site, provided that you; (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use Of This Site.

You may not use any “deep-link, “page-scrape”, “robot”, “spider”, or automatic device, program or algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or any information through any means not purposely made available through the Site. www.PacificSmoke.com reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks, connected to the Site or Pacificsmoke.com server, or to any other services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of www.PacificSmoke.com, including any www.PacificSmoke.com account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for the Site.

You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to www.PacificSmoke.com on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any other Content that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity which infringes the rights of www.PacificSmoke.com or others.

Purchases: Other Terms & Conditions

Additional terms and conditions may apply to purchases of goods and services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient age level to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or specific service.

www.PacificSmoke.com obligations, if any, with regard to its products or services, are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be constructed to alter such agreements.

www.PacificSmoke.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time without notice. The materials on the Site with respect to products and services may be out of date and www.PacificSmoke.com makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords, And Security

Certain features or services on or through the Site may require you to open an account (including setting up a www.PacificSmoke.com ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify www.PacificSmoke.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by www.PacificSmoke.com or any other user or visitor to the Site due to someone else using your www.PacificSmoke.com ID, password or account as a result of you failing to keep your account information secure and confidential.

www.PacificSmoke.com privacy policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using this site, you acknowledge and agree that internet transmissions are never completely private and secure. You understand that any message of information that you send the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links To Other Sites And To The www.PacificSmoke.com Site

The Site may contain links to other independent third-party websites (“Linked Sites”). These linked sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Pacificsmoke.com control, and www.PacificSmoke.com is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimer

PACIFICSMOKE.COM DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE OR CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THIS SITE AND ITS CONTENTS ARE DELIVERED ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. PACIFICSMOKE.COM CANNOT ENSURE THAT ANY FILES OR DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PACIFICSMOKE DISCLAIMS ALL WARRANTEES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTEES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PACIFIC SMOKE INTERNATIONAL INC AND PACIFICSMOKE.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PACIFICSMOKE.COM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PACICISMOKE.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN PARTIES.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

PacificSmoke.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portions of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation Of Liability

Except where prohibited by law, in no event will PacificSmoke.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PacificSmoke.com has been advised of such damages.If, notwithstanding the other provisions of these Terms of Use, PacificSmoke.com is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, PacificSmoke.com liability shall in no event exceed the greater of (1) the total of fees with respect to any service or feature of or on the Site paid in the six months prior to the date of initial claim made against PacificSmoke.com (but not including the purchase price for any PacificSmoke.com products) or (2) $100 Canadian Dollars. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold PacificSmoke.com , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against PacificSmoke.com by any third party due to or arising out of or in connection with your use of the Site.

Violation Of These Terms Of Use

Pacificsmoke.com may disclose any information we have about you (including identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Pacificsmoke.com rights or property, or the rights of property of visitors to or users of the Site, including Pacificsmoke.com customers. Pacificsmoke.com reserves the right at all times to disclose any information that Pacificsmoke.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. Pacificsmoke.com may also disclose your information when Pacificsmoke.com determines that applicable law requires or permits disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that Pacificsmoke.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to PacificSmoke.com, for which monetary damages would be inadequate, and you consent to PacificSmoke.com obtaining any injunctive or equitable relief that PacificSmoke.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PacificSmoke.com may have at law or equity.

You agree that PacificSmoke.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) request by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If PacificSmoke.com does not take any legal action against you as a result of your violation of these Terms of Use, PacificSmoke.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to PacificSmoke.com . You agree that PacificSmoke.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and the laws of the Province of Ontario without regards to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the Ontario Supreme Court of Justice in Toronto and waive any objection to such jurisdiction venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union (EU). If you are a consumer based in the EU, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under these separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Pacificsmoke.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

PacificSmoke.com administers and operates the www.PacificSmoke.com Site from its location in Ontario, Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. PacificSmoke.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canada’s export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Pacific Smoke International Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and PacificSmoke.com with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter with PacificSmoke.com, PacificSmoke.com will not accept any counter-offers to these Terms of Use, and such offers are hereby categorically rejected. PacificSmoke.com failure to insist or enforce strict performance of these Terms of Use shall not be construed as a waiver by PacificSmoke.com of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between PacificSmoke.com and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

PacificSmoke.com provides access to PacificSmoke.com international data and, therefore, may contain references or cross references to PacificSmoke.com products, programs or services that are not announced in your country. Such references does not imply that PacificSmoke.com in your country intends to announce such products, programs, or services.

Feedback And Information

Any feedback you provide at this site shall be deemed to be non-confidential. PacificSmoke.com shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.