TERMS OF SERVICE
# Terms of Service
Welcome to THESPOTSMOKE.COM. The terms "we," "us," and "our" refer to THESPOTSMOKE.COM. By accessing our website and utilizing our services, you agree to comply with and be bound by the following terms and conditions ("Terms of Service," "Terms"), which include additional terms and policies referenced herein or available by hyperlink.
## 1. Acceptance of Terms
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to these Terms of Service. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use any services. Acceptance is expressly limited to these Terms of Service.
## 2. Changes to Terms of Service
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
## 3. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Transmission of any worms, viruses, or destructive code is prohibited. A breach of any Terms will result in immediate termination of your Services.
## 4. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
## 5. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information on this site is not accurate, complete, or current. The material on this site is for general information only and should not be relied upon or used as the sole basis for decision-making without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
## 6. Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
## 7. Products or Services
Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We strive to display product colors and images accurately but cannot guarantee that your monitor's display will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may limit quantities of any products or services offered and all descriptions of products or pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
## 8. Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may notify you via the email, billing address, or phone number provided. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete transactions and contact you as needed.
## 9. Optional Tools
We may provide access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access to such tools "as is" without any warranties or conditions. We shall have no liability for any issues arising from your use of optional third-party tools.
## 10. Third-Party Links
Certain content, products, and services available may include materials from third parties. Third-party links may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability for any third-party materials or websites.
## 11. User Comments, Feedback, and Other Submissions
If you send certain submissions at our request or without a request, you agree that we may, at any time, edit, copy, publish, distribute, translate, and use any comments forwarded to us. We are under no obligation to maintain any comments in confidence, pay compensation for comments, or respond to any comments.
We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
## 12. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy page for details.
## 13. Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
## 14. Prohibited Uses
In addition to other prohibitions, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any regulations, rules, laws, or ordinances, to infringe upon our or others' intellectual property rights, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, to submit false or misleading information, to upload or transmit viruses or malicious code, to collect or track personal information, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent security features. We reserve the right to terminate your use of the Service for violating any prohibited uses.
## 15. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. The service and all products and services delivered are provided "as is" and "as available" without any warranties, express or implied. THESPOTSMOKE.COM, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, or service providers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the service or any products procured using the service.
## 16. Indemnification
You agree to indemnify, defend, and hold harmless THESPOTSMOKE.COM and its affiliates from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or violation of any law or the rights of a third party.
## 17. Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, the unenforceable portion shall be deemed severed from these Terms of Service and shall not affect the validity and enforceability of any other remaining provisions.
## 18. Termination
The obligations and liabilities of the parties incurred prior to termination shall survive the termination of this agreement. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
## 19. Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
## 20. Governing Law
These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the State of California.
## 21. Changes to Terms of Service
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.
## 22. Contact Information
For questions about the Terms of Service, please contact us at info@thespotsmoke.com.
## SMS Messaging
By opting into text messaging notifications from THESPOTSMOKE.COM, you agree to receive periodic automated marketing and informational text messages. Message frequency varies.
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