Terms & Conditions of Use

 

All of our products are intended for legitimate legal use. Yes, we are a "Cannabis Culture Shop" and we do sell smoking accessories, however the intention is that they be utilized with legitimate legal herbs and smoking mixtures. All products are meant to be used for display purposes or with legal smoking mixes. We do not endorse illegal activity.

 

SmokeSessionsDepot.com may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law.

 

The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws. If any items you order are prohibited in your jurisdiction, they will not be shipped.

 

Limitation of Liability

Smoke Sessions Depot will not be liable for damages of any kind, including, without limitation, special or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the contents of this site.

Smoke Sessions Depot or its owners, operators, and staff will NOT be held liable for any illegal activity, legal recourse, or lawyer's fees resulting from the purchase and/or use of any of our products. Our site is for informational use.

Certain substances and products advertised within this site may not be legal in all countries. We would request and require that all customers check the laws of their own country before ordering products from our website.

 

Warranties

All warranties are provided and handled by the respective manufacturer, Smoke Sessions Depot provides no warranty on goods purchased.

 

Payment, Shipping & Delivery

 

Payment

We accept Visa, MasterCard, Cash and Postal Money Orders payable to “The Dragon.” We only ship to the billing address of the credit card holder. We verify all credit card names and address with the issuing bank. We can only process orders that contain a valid phone number. The person placing the order must have the same name as the cardholder or the order will not be processed. We do not accept any other forms of payment through our web store.

We do NOT offer COD services.  All shipments must be prepaid by credit card, cash or postal money order, before Smoke Sessions Depot ships your order. Smoke Sessions Depot is not responsible for lost cash sent via mail. You send cash at your own risk.

 

Shipping & Delivery

We ship worldwide. Orders will be shipped by Canada Post within one week of received payment. Please allow 2-6 weeks for delivery.

It is your responsibility to provide a complete and accurate mailing address. If a package is unable to be delivered due to incomplete or inaccurate information any additional shipping costs will be billed to the customer, in addition to a $20 processing fee.

International orders may be subject to import taxes, which Smoke Sessions Depot is not liable to pay for.

 

 

Our Carriers:

We have chosen Canada Post as our official carriers. They deliver everywhere in the world, quickly and efficiently and the price is nice! We do not charge any additional fees for handling. All shipments are shipped as requested in our checkout with "Delivery Confirmation" and "Insurance". Your shipping costs will be exactly what it costs us to send your shipment according to the carrier.

 

Breakage and Damages:

We have made every possible effort to ensure that your order arrives in one piece, and is complete. It has been checked, inspected and rechecked before it leaves our offices. If an order arrives broken you will need to take a picture of the broken glass still in the packaging and email it to us within 24 hours of receiving your package. We will ship out a replacement piece and have the broken package picked up by the shipping company. If you dispose of the glass prior to pickup by one of our shipping companies, we will be unable to replace your package.

 

All orders are shipped parcel post with delivery confirmation and insurance, thus all claims for damages will be handled by Canada Post.

 

www.canadapost.ca

or call 1 800 267-1177

 

 

Shortages:

 Should there be something missing please find the shipment packing slip and contact our offices. We will work with you to correct the situation.

 

Returns:

We do not accept product returns without a prior Return Authorization Code issued by our office within 48 hours of receipt of order. Smoking accessories may not be returned.  Clothing that has not been worn and still has the original tags attached can be exchanged.  All scales and vaporizers come with a warranty card, and must be returned to the manufacturer for replacement, repair, or any other warranty services.

 

There is a $20 restocking fee if you wish to cancel, return, or change an order. We do not accept returns on used products.

 

 

 

Privacy & Security

At Smoke Sessions Depot we know how important it is to protect your personal information. When you are shopping with us online, we want to make every customer experience safe and secure. In keeping with that goal, we have developed this Privacy Policy to outline our guidelines for the collection and use of personal information by Smoke Sessions Depot.

What Information does Smoke Sessions Depot and How is it Used?

At Smoke Sessions Depot, we collect two types of information: personal information and non-personal information.

With your consent we may use your personal information for a number of different purposes, for example to: fulfill requests for products, services or information; provide customer services; administer contests or promotions; offer new products and services; measure and improve the effectiveness of our Web Sites or our marketing endeavors; and tailor our online or in-store offerings to your preferences.

 

We may also collect and summarize customer information in a format that no longer identifies the individual for statistical purposes.

Personal information typically includes your name, address, phone number, and e-mail address. You can always choose not to provide us with any of your personal information. However, if you make this choice we may not be able to provide you with the product, service, or information that you requested. For example, we can only offer you a credit card payment option, if you have provided us with certain financial information.

Non-personal information does not identify you as an individual. For example, we may ask you for your postal code to assist us with planning our flyer distribution.

 

Your Implied Consent

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In some cases, your consent is implied if we ask you to provide personal information with a stated purpose. For example, we can only deliver the product you have purchased if you provide us with your address and phone number.

 

Your Express Consent

--------------------

In other cases, we will ask you to give your express consent to use your personal information to advise you of products or services that may be of interest. You always have the opportunity to "opt out" of having your information used for this purpose. For example, when you subscribe to the Smoke Sessions Depot newsletter, we will also ask for your express consent to send you promotional information.

 

Withdrawing Your Consent

------------------------

If you have "opted in" or subscribed to one of our newsletters or mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe. For example, each e-mail we send you will tell you how to decline further e-mail.

I

nformation Smoke Sessions Depot Collects from You

Listed here are some examples of the ways that we collect information about you and how we use it.

 

Our Web Site

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While using our Web Site, you may be asked to voluntarily provide certain personal information (such as your name, email address, postal address, telephone number, or credit card information). We use this information to complete your transaction and to apply for access to certain special features and functions of the Web Site. If you choose not to provide requested personal information, you will not be able to use certain features of the Web Site and you will not be able to engage in transactions through the Web Site.

With any of the services on our Web Site, we may also use your personal information to contact and correspond with you and to respond to your inquiries. With your consent, we may send to you, from time to time, email or other communications regarding goods or services we believe will interest you.

All references to our Web Site in this Policy means thedragononline.com, smokesessionsdepot.ca, smokesessionsdepot.com, smokesessions.ca, and smokesessions.com

 

Sign-Up for Newsletters or Updates

-----------------------------------

Smoke Sessions Depot also offers a newsletter. You can choose to subscribe by visiting or shopping our Web Site. To enroll, we will collect your contact information (such as name and e-mail address). This information will only be used to send you the newsletter.

 

Participate in a Contest, Promotion, or Survey

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From time to time, we may run contests, promotions, or surveys. If you participate, you may be asked for contact information as well as additional optional survey information (for example, product preferences). Information from contest entries will be used to contact you if you win. We may also summarize survey information in a manner that no longer identifies the contest entrants for analysis, but will not share personal information from entries. All contests are subject to rules that will be available with each particular contest.

 

Information Smoke Sessions Depot Collects Automatically

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Like many other Web sites, we automatically collect certain non-personal information regarding web site users that does not identify you. Examples include the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Web Site, the Internet address of the Web site from which you linked directly to the Web Site, the operating system you are using, the sections of the Web Site you visit, the Web Site pages read and images viewed, and the content you download from the Web Site.

This non-personal information is used for Web Site and system administration purposes and to improve the Web Site.

 

Cookies

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The Web Site uses "cookies", a technology that installs a small amount of information on a Web Site user's computer to permit the Web Site to recognize future visits using that computer. Cookies enhance the convenience and use of the Web Site. For example, the information provided through cookies is used to recognize you as a previous user of the Web Site (so you do not have to enter your billing information every time), to offer personalized Web page content and information for your use, to track your activity at the Web Site, to respond to your needs, and to otherwise facilitate your Web Site experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Web Site and your ability to access certain features of the Web Site or engage in transactions through the Web Site.

Tracking Information

We may use non-personal information to compile tracking information reports regarding Web Site user demographics, Web Site traffic patterns, and Web Site purchases, and then provide those reports to advertisers and others. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. We may also link tracking information with personal information voluntarily provided by Web Site users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.

 

Links to Other Web Sites

------------------------

Our Web Site may contain links to other Web sites or Internet resources. When you click on one of those links you are contacting another Web site or Internet resource. Smoke Sessions Depot has no responsibility or liability for or control over those other Web sites or Internet resources or their collection, use and disclosure of your personal information.

We encourage you to read the privacy policies of those other sites to learn how they collect and use information about you.

 

Does Smoke Sessions Depot Disclose the Information it Collects?

Smoke Sessions Depot does not sell your personal information. However we may share your information with third parties acting on our behalf or as permitted or required by law.

 

Disclosure to Service Providers

-------------------------------

Smoke Sessions Depot may share your personal information with certain service providers in order to provide products and services to you, to verify and validate information, and to address customer service matters.. Examples of service providers include credit card issuers, product service depots, warranty providers, and delivery services. To reduce the risk of fraud or misuse of personal information, Smoke Sessions Depot may also verify your personal information, including but not limited to your address and credit card information, with third party service providers.

We will use reasonable efforts to ensure that your personal information is used in a manner that is consistent with this Policy. If you do not wish us to provide your personal information to those service providers, we may be unable to process your transaction.

 

Legal Disclosure

----------------

Smoke Sessions Depot may disclose your information as permitted or required to by law; for example: to a government institution or other person or entity that has asserted its lawful authority to obtain the information; ·            where we have reasonable grounds to believe the information could be useful in the investigation of unlawful activity; to comply with a subpoena or warrant or an order made by a court, person or entity with jurisdiction to compel the production of information; to comply with court rules regarding the production of records and information; and to our legal counsel.

 

How does Smoke Sessions Depot Protect My Information?

-----------------------------------------------------

The security of your personal information is a high priority for Smoke Sessions Depot. We maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse.

Although we cannot take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such unfortunate occurrences.

 

How Can I Verify My Information?

--------------------------------

You can check your information to verify, update, or correct it, and to have any obsolete information removed. If you created an account on smokesessionsdepot.ca, smokesesssionsdepot.com, smokesessions.com or smokesessions.ca, you can access and change your online personal information.

You can also ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time by contacting us at info@smokesessionsdepot.com. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate.

You can also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.

 

When is My Information Removed?

--------------------------------

We keep your information only as long as we need it for the products and services you're using and for a reasonable time thereafter or to meet any legal requirements. We have retention standards that meet these requirements. We destroy your information when it is no longer needed, or we remove your personally identifiable information.

You can also request that we remove your information from our records. Subject to our requirements for continued retention of your information, for example, for billing, audit, or warranty purposes, we will make every reasonable effort to honour your request.

 

How Can I Contact Smoke Sessions Depot?

Smoke Sessions Depot is responsible for all personal information under its control. Smoke Sessions Depot is compliance with the principles described here. If you have any questions, concerns or complaints about the privacy policies please contact us at the below:

 

Email: info@smokesessionsdepot.com

Write us at:

Smoke Sessions Depot

P.O. Box 37074

Centerpoint RPO

Toronto ON M2M 4J8

Canada

 

We will respond to your request or investigate your concern as quickly as we can.

 

Will this Privacy Policy Change?

To accommodate changes in our service, the technology, and legal developments, this Policy may change over time. We may add, change, or remove portions of this Policy when we feel it is appropriate to do so. Whenever we update this Policy we will change the date on the Policy to indicate when the changes were made.

 

 

 

SMOKE SESSIONS DEPOT WEB SITE USE AGREEMENT

-------------------------------------------

 

Last Updated: April 20, 2011

Please read this agreement carefully. It governs your use of the Smoke Sessions Depot Web Site (smokesessionsdepot.com, smokesessionsdepot.ca, smokesessions.ca, smokesessions.com, thedragononline.com) and the services and goods provided through the web site (collectively the "Web Site"). It exempts Smoke Sessions Depot and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site. Each time you use the Web Site, the text of this agreement as it then reads will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last version.

This Agreement contains the following provisions

1. Your Acceptance of this Agreement

2. Changes to this Agreement

3. Permitted Users and Access

4. Misprints and Errors, Product Availability, Prices, and Orders

5. No Advice or Solicitation

6. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity

7. Login Names and Passwords

8. Termination of this Agreement and the Web Site

9. Information Submissions

10. Ownership and Permitted Use of the Web Site

11. Personal Information Privacy

12. Trade-mark Information

13. Other Sites

14. Linking and Framing the Web Site

15. Postings and Unsolicited Submissions

16. Transaction Agreements

17. Contests

18. Governing Law and Dispute Resolution

19. Other Matters

 

 

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This is an agreement between you and Smoke Sessions Depot, and governs your use of the Web Site and its content and the services and goods provided through the Web Site. Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.

 

2. CHANGES TO THIS AGREEMENT

You may not change, supplement, or amend this Agreement in any manner. Smoke Sessions Depot may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.

 

3. PERMITTED USERS AND ACCESS

The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.

 

4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS

Smoke Sessions Depot endeavors to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Smoke Sessions Depot reserves the right to change the prices, fees and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, Smoke Sessions Depot cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. Smoke Sessions Depot also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order goods or services for which the price was incorrectly displayed, Smoke Sessions Depot will provide you with an opportunity to place an order at the correct price. If you order goods or services that are not available, Smoke Sessions Depot will attempt to notify you by email. Smoke Sessions Depot reserves the right to limit quantities licensed or sold.

The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when Smoke Sessions Depot sends both an order acceptance and shipment notice email to your email address. The order acceptance and shipment notice email constitutes Smoke Sessions Depot’s acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending an email to info@smokesessionsdepot.com. However, Smoke Sessions Depot may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective. There is a $20 restocking fee if you wish to cancel, return, or change an order. We do not accept returns on used products.

 

 

5. NO ADVICE OR SOLICITATION

THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.

 

6. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY

Smoke Sessions Depot strives to make your use of the Web Site a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, Smoke Sessions Depot and its service providers (the "Providers") do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:

 

DISCLAIMER

YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.

 

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY SMOKE SESSIONS DEPOT AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.

 

YOU (AND NOT SMOKE SESSIONS DEPOT OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.

 

THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND SMOKE SESSIONS DEOPT'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.

 

SMOKE SESSIONS DEPOT IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.

 

THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. SMOKE SESSIONS DEPOT IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SMOKE SESSIONS DEPOT AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:

THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;

THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;

THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;

CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;

THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR

THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;

 

AND SMOKE SESSIONS DEPOT AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

 

LIABILITY EXCLUSION

 

SMOKE SESSIONS DEPOT AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY SMOKE SESSIONS DEPOT OR ANY PROVIDER OR ANY PERSON FOR WHOM SMOKE SESSIONS DEPOT OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT SMOKE SESSIONS DEPOT OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.

 

LIABILITY LIMITATION

IN NO EVENT WILL SMOKE SESSIONS DEPOT’S OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY SMOKE SESSIONS DEPOT OR ANY PERSON FOR WHOM SMOKE SESSIONS DEPOT IS RESPONSIBLE, EXCEED $25 (CDN) OR THE AMOUNT YOU PAID TO SMOKE SESSIONS DEPOT FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.

RELEASE

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF SMOKE SESSIONS DEPOT AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.

INDEMNITY

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF SMOKE SESSIONS DEPOT AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.

 

ADVICE AND INFORMATION PROVIDED BY SMOKE SESSIONS DEPOT OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement

7. LOGIN NAMES AND PASSWORDS

Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Smoke Sessions Depot and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Smoke Sessions Depot representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.

 

You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.

You must immediately notify Smoke Sessions Depot of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

All login names and passwords remain the property of Smoke Sessions Depot, and may be cancelled or suspended at any time by Smoke Sessions Depot without any notice or liability to you or any other person. Smoke Sessions Depot is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from Smoke Sessions Depot, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site.

THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.

 

8. TERMINATION OF THIS AGREEMENT AND THE WEB SITE

 

If you breach any provision of this Agreement, you may no longer use the Web Site.

Smoke Sessions Depot may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person.

Smoke Sessions Depot may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person.

If this Agreement or your permission to use the Web Site is terminated by you or Smoke Sessions Depot for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters.

9. INFORMATION SUBMISSIONS

All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Smoke Sessions Depot with updated registration information and payment information within 30 days of any changes.

Smoke Sessions Depot will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Smoke Sessions Depot or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Smoke Sessions Depot may require a copy of a government-issued form of identification before making any changes to your registration information.

10. OWNERSHIP AND PERMITTED USE OF THE WEB SITE

The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Smoke Sessions Depot, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.

 

The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Smoke Sessions Depot. You may not use any of the software that is used in the operation of the Web Site except while you are use the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.

The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

11. PERSONAL INFORMATION PRIVACY

Smoke Sessions Depot collects, uses, and discloses your personal information in accordance with the Privacy Policy. Smoke Sessions Depot may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the Web Site, you consent to Smoke Sessions Depot’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person.

12. TRADE-MARK INFORMATION

Smoke Sessions Depot, SMOKESESSIONSDEPOT.ca, SMOKESESSIONSDEPOT.com, SMOKESESSIONS.ca, SMOKESESSIONS.com, THEDRAGONONLINE.com, THE DRAGON logo, and the SMOKESESSIONSDEPOT logo and other Smoke Sessions Depot owned trade-marks appearing on the Web Site, are registered and unregistered trade-marks and trade names owned by Smoke Sessions Depot. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.

 

Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.

13. OTHER SITES

The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Smoke Sessions Depot, and Smoke Sessions Depot has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Smoke Sessions Depot does not sponsor or endorse any Other Sites or their content or the goods or services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Smoke Sessions Depot arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Smoke Sessions Depot, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.

14. LINKING AND FRAMING THE WEB SITE

Links to the Web Site without the express written permission of Smoke Sessions Depot are strictly prohibited. To request permission to link to the Web Site, please contact info@smokesessionsdepot.com. Smoke Sessions Depot reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.

 

15. POSTINGS AND UNSOLICITED SUBMISSIONS

 

You may not use technologies such as Gooey or Third Voice in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.

Smoke Sessions Depot does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Smoke Sessions Depot or the Web Site.

If you send Submissions to Smoke Sessions Depot or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to Smoke Sessions Depot and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Smoke Sessions Depot or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Smoke Sessions Depot and its assigns.

 

16. TRANSACTION AGREEMENTS

 

All transactions through the Web Site, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By using the Web Site or by participating in a transaction through the Web Site, you signify your agreement and acceptance of this Agreement and, if applicable, the Transaction Agreement.

 

17. CONTESTS

From time to time Smoke Sessions Depot may make contests available to users of the Web Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.

18. GOVERNING LAW AND DISPUTE RESOLUTION

The Web Site is controlled by the Dragon from Toronto, Ontario. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws, which would lead to the application of any other laws.

Any dispute between Smoke Sessions Depot and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Toronto, Ontario, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

19. OTHER MATTERS

 

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

The provisions of this Agreement will enure to the benefit of and be binding upon each of Smoke Sessions Depot and its Providers and each of their respective successors and assigns and related persons, including without limitation Smoke Sessions Depot, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Smoke Sessions Depot, which may be withheld in Smoke Sessions Depot’s sole discretion. Smoke Sessions Depot may assign this Agreement and its rights and obligations under this agreement without your consent.

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

You and Smoke Sessions Depot are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui sy rapportent soient redigés en anglais.

Any rights not expressly granted by this Agreement are reserved to Smoke Sessions Depot.

This Agreement is subject to change without notice.