Welcome to Whatasmoke.com. If you visit or shop on Whatasmoke.com, you agree to accept these conditions, and those described in the WHATASMOKE Privacy Policy. Please read them carefully. In addition, when you use Whatasmoke.com, you are subject to our guidelines and conditions.

Privacy

To fully understand the conditions and business practices of WHAT A SMOKE, LLC, LLCdba WHATASMOKE.COMand your guidelines to conduct business with us, please review our Privacy Notice.

Electronic Communications

Anytime you send us an e-mail, or login onto our website at Whatasmoke.com, you are communicating with us in an electronic format.  This gives WHAT A SMOKE, LLC the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website.  With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you byWHAT A SMOKE, LLCsatisfy all legal notification requirements.

Copyright

All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protect by United States and international copyright laws.  No portion of the information on this website may be copied or reproduced in any form, or by any means without prior written permissions from WHAT A SMOKE, LLC/WHATASMOKE.COM. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivate works of any material found on this site for any public, private or commercial purpose.

Compliance with Applicable Laws; Export Control Laws

Visitor or user access to the Whatasmoke.com is governed by all applicable federal, state and local laws. All information available on Whatasmoke.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Trademarks

OPTIMUM, Whatasmoke.com, are registered trademarks ofWhat A Smoke, LLC.

License and Site Access

Whatasmoke.com grants you a limited license to access and make personal use only of the Whatasmoke.com. Such grant does not include, without limitation:

(a) any resale or commercial use of the Site or content therein or download or modify any portion of the Site, except through page storing;

(b) The collection and use of any product listings, pricing or descriptions;

(c)  Making derivative uses of the Site and its contents; or

(d) Any copying or downloading of information for benefit of a third party;

(e) Use of any data mining, robots, or similar data gathering and extraction methods;except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of WHATASMOKE, or any third party.

Any unauthorized use will immediately terminate your permission to use this Site. You may not use any WHATASMOKE text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations without the express written permission of What A Smoke, LLC.

Your Whatasmoke.com Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.WHATASMOKEonly sells to smoking adults of legal age, 18 years or older, who own and can purchase with a credit card. If you are under 18, Whatasmoke.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

Reviews, Comments, Communications, and Other Content

Customers and visitors are encouraged to forward comments or other content to Whatasmoke.com via e-mail and other communications. You are also encouraged to submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Do not use a false e-mail address, impersonate a third-party person or entity, or otherwise mislead WHATASMOKE.COM as to the origin of a communication.

Copyright Complaints

Whatasmoke.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our offices immediately.

What A Smoke, LLC, LLC

191 US 206 Suite 4

Flanders, NJ 07836

Risk of Loss

All items purchased from Whatasmoke.com or from the WHATASMOKE offices or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Legal

Our products are not intended to diagnose, treat, cure or prevent any disease or addiction. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing our products, you agree to use products at your own risk. Under no circumstances will What A Smoke, LLC, be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site.

Product Descriptions

Whatasmoke.com and its affiliates attempt to be as accurate as possible when posting content.

Pricing

Except where noted otherwise, the prices displayed for WHATASMOKE products represent the full suggested retail price listed on the product itself.   Where an item is offered for sale by one of our merchants or distribution agents, the price may be provided by that merchant.

With respect to items sold by Whatasmoke.com, we cannot confirm the price of an item until you register online and complete an online order form; however, we do NOT charge your credit card until after your order has entered the shipping process.

Please note that this policy applies only to products sold on the Whatasmoke.com and shipped by WHATASMOKE LLC or its affiliates.

Disclaimer of Warranties and Limitation of Liability

This Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by Whatasmoke.com or its affiliates on an “as is” basis, unless otherwise specified in writing. Whatasmoke.com and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by applicable law, Whatasmoke.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Whatasmoke.com and its affiliates do not warrant that this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their services; or email sent from Whatasmoke.com are free of viruses or other harmful components. Whatasmoke.com and its affiliates will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

What A Smoke, LLC, LLC reserves the right to change any and all content contained on this Site at any time without notice.

Indemnification

You agree to indemnify, defend, and hold harmless What A Smoke, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Applicable Law

By visiting Whatasmoke.com, you agree that the laws of the State of New Jersey, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Whatasmoke.com or its affiliates.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Third-Party Links

In an attempt to provide increased value to our visitors, What A Smoke, LLC may link to sites operated by third parties. However, even if the third party is affiliated with What A Smoke, LLC, What A Smoke, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of What A Smoke, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, What A Smoke, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Disputes

Any dispute relating in any way to your visit to Whatasmoke.com or to products you purchase through Whatasmoke.com shall be submitted to confidential arbitration in Morris County, New Jersey, except that, to the extent you have in any manner violated or threatened to violate What A Smoke, LLC, LLC’s intellectual property rights, What A Smoke, LLC, may seek injunctive or other appropriate relief in any state or federal court in the United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules which prevail of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Address

What A Smoke, LLC, LLC
191 US 206 Suite 4
Flanders, New Jersey 07836 USA