Terms and Condition
Content
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
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
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
Disclaimer
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
Indemnity
Violation Of These Terms Of Use
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
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.