TERMS & CONDITIONS
PLEASE READ THE FOLLOWING PRIOR TO USING THIS SITE:
STOGIES VAPOR (hereinafter, collectively referred to as "site" and individually as "this site") are owned and operated by STOGIES VAPOR. DBA STOGIES VAPOR STORE, (hereinafter "STOGIES VAPOR"). By accessing, browsing, or using any of These Sites you agree to the following terms and conditions:
In these Terms and Conditions, the terms "we," "our," "us," or "STOGIES VAPOR" means or refers to STOGIES VAPOR. DBA STOGIES VAPOR STORE LLC, and the terms "you," "your," or "yours" means or refers to interchangeably to the person accessing, browsing, or using this Site, and if more than one person, or receive services or products through the use of this Site, such terms shall also apply to such all other persons.
BEFORE ACCESSING, BROWSING, OR USING ANY OF THE SERVICES OR INFORMATION AVAILABLE ON THIS SITE, YOU ARE REQUIRED TO GO THROUGH THE TERMS AND CONDITIONS STATED HEREIN. BY USING, BROWSING, OR ACCESSING THIS SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITONS. YOU UNDERSTAND AND AGREE THAT THIS CONSTITUTES A LEGALLY BINDING AGREEMENT (HEREINAFTER THE "AGREEMENT"). ALSO, YOU UNDERSTAND AND INTEND THIS AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED CONTRACT BETWEEN YOU AND STOGIES VAPOR, AND EQUALLY BINDING. BY USING THIS SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Additionally, by continuing to access, browse, or use this Site, you also agree to be bound by any additional terms, guidelines, policies, restrictions, or rules that may be posted in this Site in connection with specific sections or services of the Site.
If you do not agree to all or to any of the foregoing, please do not use this Site and exit immediately.
OWNERSHIP AND RESTRICTIONS ON USE:
These Sites are owned and operated by STOGIES VAPOR DBA STOGIES VAPOR STORE LLC All materials contained in these sites are the copyrighted property of STOGIES VAPOR or the property of our suppliers or licensors. No material from STOGIES VAPOR or any Web site owned, operated, licensed, or controlled by STOGIES VAPOR may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights of STOGIES VAPOR. The use of any such material on any other Web site or computer network environment without the prior written authorization from STOGIES VAPOR is expressly prohibited.
To extent the Web Sites provide interactive capabilities that allows you to submit information or data on the Web Site, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through STOGIES VAPOR any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
These Sites, the software, routines, design, text, images, look and feel, and graphics in such websites and the selection and layout of the websites, are owned or licensed by us and are protected by law, including, but not limited to, United States and international intellectual property laws, as well as other state, federal and international laws and regulations. You may view and electronically copy the pages of this Site in the usual operation of your web browser in visiting this Site for your personal use only, but for no any other purpose. Any other use of the Material contained on this Site, such as copying, distributing, selling, modifying, transmitting, reusing, re-posting or publishing, without our prior specific written permission, is strictly prohibited. Unauthorized use of Materials from our Site will be material breach of this agreement.
All logos, photographs, text, illustrations, artworks, designs, and other graphic materials, whether on the Site or in documents on the Site, are the property of STOGIES VAPOR, its grantees, licensees, and others. Except as otherwise stated or allowed herein, the use of the any of the logos photographs, text, illustrations, artworks, designs, and other graphic materials, whether on the Site or in documents on the Site, without express prior written permission of the respective owner is strictly prohibited.
The names STOGIES VAPOR are registered and unregistered trademarks and/or service marks of STOGIES VAPOR. Other names and logos contained in this Site or in the Site Materials are trademarks and service marks of our affiliates, service providers, and travel companies, and shall not be used without the express written permission of the respective trademark or service mark owner.
LINKS TO OTHER SITES:
These Sites may contain hypertext links to other websites. Such links are provided for your convenience and are not intended as an endorsement by STOGIES VAPOR of the organizations, person, or entities owning or operating those sites. STOGIES VAPOR is not responsible for the content those sites contain, nor their privacy practices. Such other websites are maintained by third parties over whom we exercise no control. We expressly disclaim any responsibility for the content, products or services of such other websites.
MODIFICATION OF TERMS:
STOGIES VAPOR reserves the right to change, modify, add, or remove portions of these terms and conditions at any time, without notice, and at our discretion. You may check these terms and conditions periodically for changes. Your continued use of STOGIES VAPOR subsequent to the revisions of these terms means you accept those changes. You are advised to review the terms and conditions and other policies posted on this Site for potential changes when you return to this site to visit or to transact any business.
These terms are effective until terminated by STOGIES VAPOR, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from These Sites and any and all other STOGIES VAPOR site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
DISCLAIMER: THE MATERIALS IN THESE SITES ARE PROVIDED ON "AS IS,"WHERE IS," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STOGIES VAPOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STOGIES VAPOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THESE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STOGIES VAPOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT, OR OTHERWISE. YOU (AND NOT STOGIES VAPOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Some of the contents or materials on this Site may be affected by current legislative, regulatory, judicial, or other developments which are not reflected here. We assume no responsibility to have this site update for such developments.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STOGIES VAPOR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THESE SITES, EVEN IF STOGIES VAPOR OR A STOGIES VAPOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF STOGIES VAPOR'S TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) SHALL EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THESE SITES.
You agree to defend, indemnify, and hold STOGIES VAPOR and our affiliates, and our and their respective directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable attorneys' fees and litigation expenses, relating to or arising from your use of the Materials or information provided by us, or services obtained from the Materials, or any arrangements you make at our Site or based on information obtained from the Materials, or your use of the Site, any website Materials, or services obtained on or through the Site, or any arrangements you make based on information obtained on or through the Site or any breach by you of these Terms and Conditions.
GOVERNING LAWS AND JURISDICTION:
STOGIES VAPOR controls its Sites from its offices within the State of Texas in the United States of America. The Site may be accessed from any place in the world. Since the laws of each State, country or jurisdiction where access to the Site is available may differ, by accessing these Sites, you and STOGIES VAPOR agree that the statutes and laws of the state of Texas, without regard to choice of law principles, will apply to all matters relating to use of this Site. Therefore, this Agreement shall be deemed to be made under, and in all respects shall be interpreted, construed and governed by and in accordance with laws of the State of Texas, United States of America. All disputes arising out of or in connection with the terms and conditions herein and this Agreement shall be subject to jurisdiction of the Federal and State courts located in Wichita County, Texas.
As part of the consideration and for value received pursuant to this Agreement, you and we agree that any legal action or proceeding under or with respect to this agreement may be brought in the above mentioned courts. For the purpose of any such legal action or proceeding, you hereby irrevocably consent in advance and voluntarily submit to the personal jurisdiction of such courts. You hereby agree not to raise and waive any objections to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient forum. You also agree not to bring any legal action or proceeding under or with respect to this agreement outside the above named courts.
STOGIES VAPOR makes no representation that Materials on our Sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these Sites from other locations do so, on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
DESCRIPTION OF SERVICES, GENERAL TERMS, AND CONDITIONS OF USE:
STOGIES VAPOR reserves the right to terminate a user or external link for any violation of our terms and conditions or other policies. If you fail to abide by these Terms and Conditions, we may suspend or eliminate your account, and remove any information you have placed on this Site. We may also take any legal action we deem appropriate. If your violation of these terms causes harm to others, you agree to indemnify and hold STOGIES VAPOR harmless against any liability for that harm.
General Provisions: If any provision of this Agreement or any part thereof is found to be unlawful, invalid, or unenforceable, then that provision or part thereof shall be deemed severable and struck from these terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. Headings are for reference purposes only. You agree that no agency, employment, partnership, or joint venture relationship exists between yourself and STOGIES VAPOR as a result of your usage of this Site. You must use this Site in a responsible and cooperative manner. If STOGIES VAPOR does not act in relation to a breach by you or others of these terms and Conditions and other Site rules, this does not waive our right to act with respect to subsequent or similar breaches. No employee, agent or representative of the STOGIES VAPOR has the authority to modify, waive, or alter any provision of these terms and conditions.
CONTACT: If you have any questions, comments, or concerns regarding this Site, or the above Terms and Conditions, please contact Stogies Vapor directly and you can also contact us via postal mail at:
Stogies Vapor Store LLC
2910 Kemp Boulevard Ste. 130
Wichita Falls, TX 76308