You agree to use the Services as-is. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICES BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.
SUBJECT TO CHANGE
You agree that we may change or discontinue the Services in our sole discretion and with no prior notice to you.
You agree that our sole offer to you in connection with the Services is to provide them as-is, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.
DISPUTE RESOLUTION – VENUE
You agree to be subject to the jurisdiction of the state and federal courts of Texas. You agree that any dispute between you and us will be resolved in Houston, Texas to the exclusion of any other potential venue.
DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS
You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action. You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company.
You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.
STANDARD OF CARE
You agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.
LIMITATIONS ON LIABILITY
If, for any reason, we are judged liable to you, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these services would be significantly higher but for these limitations on liability.
WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES
You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely. These are only examples.
TERMINATION BY US
We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any user who threatens or harasses any other user.
CONTEST RULES, TERMS, AND CONDITIONS
By participating in smokell.com contests and sweepstakes you are agreeing to the following:
smokell.com reserves the right, at its sole discretion, to discontinue contests and/or sweepstakes or modify these rules, terms and conditions without prior notification.
Sweepstakes are void where prohibited by law. Open only to eligible participants. The participants agree that smokell.com and its employees shall not be liable for injury, loss or damage of any kind resulting from participating in this sweepstakes or from the acceptance or use of any prize awarded.
smokell.com is not liable for any mechanical failure, or content transmission issues.
Must be 18 years of age or older and a legal resident of the U.S. to participate.
By participating you are providing smokell.com with permission to use your name on this website and other promotional materials.
Employees of smokell.com are ineligible to participate.
The odds of winning are based on the number of entries received.
We may change the Services and this Agreement at any time, in our sole discretion. If you continue to use the Services more than one week after we post a material change that will mean you accept the changes. If you do not accept the changes, your sole right is to stop using the Services.