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This Store sells Electronic Cigarette products and/or accessories.

You must be at least 18 years old, or the minimum age required to purchase or use Electronic Cigarette products in your state/country of residence.

Terms & Conditions

 

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE AND LEAVE IT IMMEDIATELY.

Electronic cigarettes, cigars and pipes, including component parts and accessories (hereinafter referred to as “Product” or “Products”) are for use by adults of legal smoking age only. These products are not intended for children, women who are pregnant or nursing, or anyone suffering from a pre-existing medical condition. Products may contain nicotine, a highly addictive substance. You must be 18 or 19 years of age depending on your respective state laws to enter this site and participate in any offer. If you are not yet the age of majority or are accessing this site from any country or jurisdiction where material on this site is prohibited or illegal, leave this site now as you do not have permission to access this site.

 

Smoking can cause Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy.

Consult your physician before use, especially if you are under medication or sensitive to nicotine.

WARNING: This product contains nicotine, a highly addictive substance. This Product has not been approved by the Food and Drug Administration (FDA) as a smoking cessation device or for any other use or purpose. This product is not intended to diagnose, treat, cure or mitigate any disease, addiction, or medical condition. Do not use this product if you are not of legal smoking age. Do not use this product if you are sensitive or allergic to nicotine; if you are at risk for having respiratory problems or conditions; if you have heart problems, high blood pressure, diabetes or any other medical condition that can be exacerbated or induced by consuming nicotine; do not use if you are pregnant or nursing. Consult your physician if you have any medical questions.

 

Use Products at your own risk.

 

Express Warranty

Lucky Day Inc. DBA Smoke Smart offers a lifetime replacement warranty on the battery unit and chargers. If you need to replace the battery unit or charger, call us at 855-411-3244 and speak to a customer service representative.  Due to the nature of our product, we are unable to offer refunds on any sales of Products. Replacement of items purchased through any of Smoke Smart resellers or affiliates will incur a $12.95 processing fee. (Shipping and handling charges may apply.)

 

LIMITATION OF LIABILITY 

Any and all information provided on this web site is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non infringement or arising from a course of dealing, usage trade or practice. Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you. In addition, the materials contained in this Site could contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Smoke Smart uses reasonable efforts to include accurate and timely information on this web site and periodically updates the information without notice. However, Smoke Smart makes no warranties or representations as to the accuracy or completeness of such information, and Smoke Smart assumes no liability or responsibility for errors or omissions in the content of this web site. Your use of this web site is AT YOUR OWN RISK. Under no circumstances and under no legal theory shall Smoke Smart be liable to you or any other person for any direct, indirect, special, incidental, exemplary, or consequential damages arising from your access to, or use of, this web site. Smoke Smart also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing within this Site, or your downloading of any materials, data, text, images, video, or audio from this Site. In no event shall Smoke Smart. be liable for any incidental or consequential damages, lost profits, or lost data or any indirect damages, even if Smoke Smart has been informed of the possibility thereof. 
 

IN NO EVENT SHALL SMOKE SMART BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SMOKE SMART HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

MEDICAL WARNING, DISCLAIMER, AND RELEASE

 

The content of this website is provided for information purposes only. While obtained from sources that Smoke Smart believes to be reliable, Smoke Smart does not guarantee the accuracy of, or assume any liability for, the content of any articles, product descriptions or other materials on the site. Smoke Smart does not guaranty or warrant any specific test, product, or procedure presented on the site, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED THERETO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS AND/OR FITNESS FOR PARTICULAR USE. Reliance upon any information or use of any products presented on this site is solely at your own risk. Neither the content of, nor any service offered on or through this site, should be relied upon for medical diagnosis, treatment or as a substitute for professional medical advice. Smoke Smart is not engaged in the rendering of medical advice or services. Never disregard medical advice or delay seeking such advice because of something that you read on this site.

 

By your use of this site, you certify that (1) you have read and agree to the above terms; (2) you will use these products responsibly and consult with your physician if you use these products; (3) acknowledge that you do so voluntarily and at your own risk; and (4) agree to release and relieve Smoke Smart of any and all liability for any injuries, claims or damages arising out of your use thereof.

 

INDEMNITY
You agree to indemnify and hold Smoke Smart its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

 

CHANGES TO TERMS AND CONDITIONS 

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. 

 

PRIVACY POLICY
Your privacy is important to us. By agreeing to this User Agreement, you also consent to the privacy practices detailed in our Privacy Policy, which may be modified as set out in the Privacy Policy. To the extent you are covered by laws requiring your consent for data transfer to the United States, you agree that your data may be transferred to the United States and collected and used accordance with our Privacy Policy.

 

MISCELLANEOUS
Products and this website are not affiliated or endorsed in any way by any news service. References or links to news services, such as CNN, ABC, CBS, NBC, Discovery, Health, Forbes, WINK News, FOX News or any other news service may contain registered trademarks of those news services, which are owned by their respective owners.

 

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Smoke Smart products) shall be in the state or federal courts located in or servicing Collin County, TX. Smoke Smart’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Smoke Smart may assign its rights and duties under this Agreement to any party at any time without notice to you.

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Smoke Smart may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

Copyright 2012 Smoke Smart, Lucky Day, Inc. | ALL RIGHTS RESERVED | You Must Be 18 years or older to purchase on our site.