FAQs

USPS delivery times are not guaranteed. They are estimates based on the official USPS website. We can only guarantee the day that it's shipped. Sometimes shipping companies do experience delays due to weather and holidays. 

We ship to the address that you provide at the time of your order. We cannot reroute or ship to alternate addresses decided upon after purchase. 
We have options for signature confirmation and insurance available.

Please allow at least to 5-7 business days for shipping.  In some cases, shipping will take longer. Items ship as soon as possible. BlueSmoke Accessories provides tracking information once you place your order. Please refer to your tracking information to get an estimate on when you will receive your item(s). Please Note: COVID-19 related issues are causing some shipping delays.   
We are not responsible for items marked "delivered" by the carrier and that it is the buyer's responsibility to file a police report/contact their local post office.

 When will you be charged for a product?

Yes, gift cards are available for purchase. Gift cards can be found by through typing gift cards in the search function.

Yes, we do ship outside the United States for an additional shipping fee. Please provide your country code and address. Some countries are not allowing certain items to be shipped to their counties. Please check with USPS, UPS and FED EX to verify if your country of destination is allowing shipments. In some cases, shipping costs have significantly increased.  If you have a shipping preference, please allow for additional shipping fees to be factored into the cost.

What happens with lost items during shipping?

If an item is lost during shipping, we will do everything we can to resolve the situation. If your detailed tracking shows that your item has been delivered but you have not received it, please contact us and we may be able to provide you some details on the delivery. Or contact your local post office, and be sure to provide your tracking number to them.
Refund Policy
No refunds are allowed. Once item has been confirmed. There are no changes to the order without an up charge to change your order.

Damaged Shipment
BlueSmokeATL is not liable for any damages of shipped items. If an item is damaged during shipping, the seller will not be held responsible, but we will do our best to resolve the situation. If your order was damaged in transport, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods until the claim is settled. Each product is shipped in a box and a bubble envelope, so damages are highly unlikely.

Last updated [June 07^th, 2020]

Our Privacy Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Privacy Policy at any time.

We respect the privacy of our users and every person who visits our sites www.bluesmokeatl.com. Here, BlueSmokeATL LLC referred to as (“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy under the General Data Protection Regulation (GDPR). If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at info@ bluesmokeatl.com.

When you visit our website www.bluesmokeatl.com (“Site”) and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have concerning it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue the use of our site and our services.

This privacy policy applies to all information collected through our website, and/or any related services, sales, marketing, or events (we refer to them collectively in this privacy policy as the “Site“).  

ABOUT US

At our online store, we offer you all types of smoke accessories and beaded jewelry. With all of our products, we focus on quality by having our products subject to rigorous quality checks and testing before it reaches you. 

 

1. WHAT INFORMATION DO WE COLLECT?

The personal information you disclose to us

We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products when participating in activities on the Site or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Site, the choices you make, and the Products and Features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, email address, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

We automatically collect certain information when you visit, use, or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information.  If you access our site with your mobile device, we may automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information, and IP address. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Policy.

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook, Instagram, Tiktok, Twitter), as well as from other third parties.

If you have chosen to subscribe to our newsletter, your first name, last name and e-mail address will be shared with our newsletter provider. This is to keep you updated with information and offers for marketing purposes.

2. HOW DO WE USE YOUR INFORMATION?

We use your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.  

We use the information we collect or receive:  

• Deliver targeted advertising to you for our business purposes and/or with your consent. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. [For more information, see our Cookie Policy.
• Request Feedback for our business purposes and/or with your consent. We may use your information to request feedback and to contact you about your use of our site.
• To protect our Site for business purposes and/or legal reasons.  We may use your information as part of our efforts to keep our site safe and secure (for example, for fraud monitoring and prevention).
• To enable user-to-user communications with your consent. We may use your information to enable user-to-user communications with each user’s consent.
• To enforce our terms, conditions, and policies for our business purposes and as legally required.
• To respond to legal requests and prevent harm as legally required. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other Business Purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our site, products, services, marketing, and your experience.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We only share and disclose your information in the following situations:

Compliance with Laws. We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work.

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to our Site and other websites that are contained in web cookies and other tracking technologies to provide advertisements about goods and services of interest to you.

Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
With your Consent. We may disclose your personal information for any other purpose with your consent.

4.Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Site) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

The Site may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Site. You should review the policies of such third parties and contact them directly to respond to your questions.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Site is at your own risk. You should only access the services within a secure environment.

9. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 16 years of age.  By using the Site, you represent that you are at least 16 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site.  If we learn that personal information from users less than 16 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under age 16, please contact us at info@

BlueSmokeATL.com.

.Personal Information

You may at any time review or change the information in your account or terminate your account by:

• Contacting us using the contact information provided below

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements.

11. Cookies and similar technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

If you have questions or comments about this policy, email us at info@ bluesmokeatl.com.

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. In general, cookies have two main purposes: to improve your browsing experience by remembering your actions and preferences and to help us analyze our website traffic.

We use cookies to help us analyze traffic to the Website, to help us improve website performance and usability, and to make the Website more secure. Third-party cookies help us use Google Analytics to count, track, and analyze visits to the Website. This helps us understand how people are using our websites and where we need to make improvements. These third-party cookies do not specifically identify you.

List the Category of cookies used in http://www.bluesmokeatl.com. For example:

1. Security

We use cookies to enable and support our security features, and to help us detect malicious activity violations of our Terms and Conditions.

2. Performance, Analytics, Research & Advertising

Cookies help us learn how well our site and web products perform in different locations. We also use these to understand, improve, and research products, features, and services, including when you access this site www.bluesmokeatl.com from other websites, applications, or devices such as your work computer or your mobile device. We also use third-party cookies to improve and personalize our marketing messages/communications with you.

You are always free to delete cookies that are already on your computer through your browser settings, and you can set most browsers to prevent them from being added to your computer. However, this may prevent you from using certain features on the Website.

 

TERMS AND CONDITIONS

This Agreement was last revised on June 07^th, 2020.

Contents

1. INTRODUCTION
2. DEFINITIONS

1. INTRODUCTION AND SCOPE
2. SERVICES
3. MODIFICATIONS TO THE SERVICE

1. ORDERING
2. SHIPPING
3. RETURN

1. EXCLUSION OF LIABILITY

1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

I.                  INTRODUCTION

www.bluesmokeatl.com (“Website”) owned and managed by BlueSmokeATL LLC (“we,” “us,” or “our”) welcomes you.  

We offer you access to our product through our “Website” (defined below) subject to the following terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

II.               DEFINITIONS

• “Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
• “Product” or “Item” refers to the product or goods available for sale on the website.
• “User”, “You” and “your” denotes the person who is accessing for taking any service from us.
• “Customer” refers to the user who accesses the website and makes the payment for purchasing products and availing services;
• “We”, “us”, “our” and “Company” are references to BlueSmokeATL LLC;
• ”Website” shall mean and include "https://www.bluesmokeatl.com, and any successor website of the Company or any of its affiliates;
• "Customer Account” shall mean an electronic account opened for the customer for purchasing products offered on the website;

III.            INTERPRETATION

• All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
• Words importing any gender shall include all the other genders.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

IV.           INTRODUCTION AND SCOPE

• Scope. These terms govern your use of the Website and the Services. Except as otherwise specified, these terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

 

• Eligibility: Certain services of the website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.

 

• Electronic Communication:When you use this website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

V.              SERVICES

www.bluesmokeatl.com is a meticulously design online shopping platform that will give you a great smoking experience.

At our online store, we offer you all types of cigar poker designed by Robin Blue. We deal with cigar accessories and other items in our store.

With all of our products, we focus on quality by having our products subject to rigorous quality checks and testing’s before it reaches you. 

VI.           MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your account or by posting a revised version of the terms incorporating the changes to its website.

VII.        ACCOUNT

For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide concerning establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

VIII.     USER CONTENT

1. Content Responsibility.

The website permits you to post comments, feedback etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• uses or attempts to use another's account, password, service or system except as expressly permitted by the terms of use uploads or transmits viruses or other harmful, disruptive or destructive files;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

Any such content that includes will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

IX.            ORDERING

• All the purchases from this website shall be governed by our terms and conditions.
• If you make an order for buying any product from our website. At the time ordering, while providing your details you must be careful and warrant that the information provided is true and accurate.
• You will only be charged as soon as you select the product, quantity, shipping information, and enter your payment information.
• Payment mode shall be:
  • Online: Credit Cards and Debit cards;
  • PayPal
• The Preferred method of payment is PayPal. Credit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
• Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.
• Add your items to your shopping cart, you can enter your promo code under View Cart or on the Check Out page under the Payment section. Be sure your code has been applied before submitting your order.
• If there is an error in the order confirmation, please contact us immediately by email at info@bluesmokeatl.com.
• We may refuse or unable to process your order if:
  • Your card or PayPal account does not give authorization for the payment of purchase price.
  • You do not meet the eligibility to order criteria set out above.
• We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
• Our products are sold exclusively through www.bluesmokeatl.com.
• If a product is out of stock, simply enter your name and email address in the contact us box with information on sku# with the product and size/color you would like to purchase. Once that product is available you will receive an email letting you know.
• We are not offering a gift card on the purchase of our products.

·        A refund shall be made as per our Refund policy.

·        We take customer feedback very seriously and use it to constantly improve our products. To write a product review, go to the product page and scroll down until you see "Write a Review."

X.               SHIPPING

We (www.bluesmokeatl.com) know that your order arriving on time for your event is VITAL. Please allow at least 5-7 business days for shipping. In some cases, shipping will take longer, which will be communicated to the buyer at the time of the order. Items ship as soon as possible. BlueSmokeATL provides tracking information for your order. Please refer to your tracking information to get an estimate on when you will receive your item(s). Please Note: COVID-19 related issues are causing some shipping delays.

When your package is scanned by our shipping provider, it automatically sends you an email with the tracking number included. If you have any questions, please contact us at info@bluesmokeatl.com

You can communicate with us to know your order status. We will also provide you with appropriate emails from time to time.

XI.            RETURN

BlueSmokeATL is not liable for any damages of shipped items. If an item is damaged during shipping, the seller will not be held responsible, but we will do our best to resolve the situation. If your order was damaged in transport, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods until the claim is settled. Each product is shipped in a box and a bubble envelope, so damages are highly unlikely.

 

A video recording is provided to the buyer before shipping to confirm the order. All refunds/returns/exchanges are decided on a case-by-case basis. Once the item has been confirmed. There are no changes to the order without an upcharge to the order.

In case, our customer support team accept the return of your product. The customer shall be held responsible for all the shipping fees.

• The customer must ensure to return the item with its original packaging and all accessories in the same condition as received.
• All customers must contact bluesmokeatl.com for approval before sending or returning any item to us.

Note: BlueSmokeATL LLC reserves the right of any changes to the return policy. Any changes will be updated on our website.

 

 

XII.         GENERAL CONDITIONS

• We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this agreement as they apply to the Service.
• We reserve the right for any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.

XIII.      GEOGRAPHIC RESTRICTION

We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any service at any time. Any offer to provide any service made on this website is invalid where banned.

XIV.     USER RESPONSIBILITIES

• You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
• You shall not use or access the Website for collecting any market research for some competing business;
• You shall not misrepresent or personate any person or entity for any false or illegal purpose;
• You will not use any device, scraper or any automated thing to access the Website for any means without taking permission.
• You will inform us about anything is inappropriate or  you can inform us if you find something illegal;
• You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
• You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XV.        EXCLUSION OF LIABILITY

We take no responsibility for any indirect damage that may result from the product.

We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.bluesmokeatl.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall BlueSmokeATL LLC, nor its owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

XVI.     NO RESPONSIBILITY

We are not responsible to you for:

• any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
• any losses you suffer because the information you put into our website is inaccurate or incomplete; or
• any losses you suffer because you cannot use our website at any time; or
• any errors in or omissions from our website; or
• any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
• any unauthorized access or loss of personal information that is beyond our control.

XVII.  THIRD-PARTY LINKS

The Website may comprise links to external or third-party websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such external sites.  The content of such external sites is created and used by others.  You can communicate with the site administrator for those external sites.  We are not accountable for the content provided in the link of any external sites and do not provide any representations about the content or correctness of the information on such external sites.  You should take safety measures when you are downloading files from all these websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked external sites, you do so at your own risk.

XVIII.                PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

XIX.     ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XX.        DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES;

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

XXI.      COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

XXII.  INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXIII.                MISCELLANEOUS

SEVERABILITY

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these terms for any reason, or cancellation or expiration of your services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this agreement.

 

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the Law of the United States of America and the State Georgia without giving effect to any principles of conflicts of law. The Courts of the State of Georgia shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these terms, please contact us at info@bluesmokeatl.com.

 

This Disclaimer forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Disclaimer at any time.

The information contained in this website is for general information purposes only. The information is provided by www.bluesmokeatl.com (“Website”) owned by BlueSmokeATL LLC (“we”).

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.bluesmokeatl.com Website including loss of data or information or any kind of financial or physical loss or damage.

We take no responsibility for any indirect damage that may result from the product.

We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or non-delivery from the supplier.

We are not responsible to you for:

• any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or
• any losses you suffer because the information you put into our website is inaccurate or incomplete; or
• any losses you suffer because you cannot use our website at any time; or
• any errors in or omissions from our website; or
• any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
• any unauthorized access or loss of personal information that is beyond our control.

The website, its content, and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, its content or its service are free of computer viruses or similar contamination or destructive features. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.

 

1. No warranties.

We specifically (but without limitation) disclaim

1. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
2. Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. We shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.

 

1. No guarantee of accuracy.

We do not guarantee the accuracy of and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.

 

1. No warranties regarding third parties. We make no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party.

 

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at robin@bluesmokeatl.com