2020 FLAVOR BAN
Due to changes in State and Federal Regulation no Vape or Smoke Company can sell or advertise flavored nicotine pods or cartridges. It is now illegal to sell these products in any flavor other than Tobacco or Menthol. We STRONGLY encourage consumers to avoid purchasing these products from any other site as the sale is ILLEGAL and is a red flag the company is a scam. Do to this change in the market, SMOKINACES will no longer have these products listed on vapejuiceforsaleonline.com and encourage Our members to either try the tobacco and menthol pod or cartridge alternatives or to try traditional vape drip style flavored juice – while it is still legal to sell. We apologize for any inconvenience this has caused and hope for change in the future.
Shipping Times & Policies
AVAILABILITY: items generally ship in 1-7 business days. For items shipping from the manufacturer, estimated processing times are 1-3 Days. If we do not have enough stock on hand to fulfill your order, we will send you an email notification within 24 business hours. If you have a time constraint on your order, please respond to that email so that our team can work on a solution for you.
CANCELING ORDER: Once your order is placed, we cannot guarantee that it can be modified or canceled. If you wish to modify your order, please contact us as soon as possible. Additionally, we reserve the right to cancel any order.
WEBSITE SECURITY: To ensure our customers’ safety online, all orders go through security checks before we start processing them. Please keep this in mind while ordering, as there may be a slight delay before processing for a small percentage of orders. If additional information is needed to help ensure the order’s validity, we will reach out via email.
ORDER COMMUNICATION: As an e-commerce company, our primary form of communication is email. All order updates will be sent to the email address used when the order was placed. For this reason, please be sure to provide a valid email address when placing your order.
PRICE CHANGES: Pricing on our website is listed at the wholesale level and updated in real time. Product pages will list impending manufacturers’ price increases, where applicable. For pending alternate payment / leasing orders, we reserve the right to adhere to these price increases on orders not paid in full by the specified deadline. In order to ensure that you receive the most accurate pricing on your order, we recommend that you pay in full prior to the effective date of the increase.
All prices are subject to change without notice. In the rare event that a product is listed at an incorrect price due to a website error, SMOKINACES will resolve the discrepancy, at our discretion, on all orders placed for the product listed at the incorrect price. This resolution may involve coming to an agreed upon price with the customer or a cancellation of the order, resulting in a full refund.
INCORRECT ORDERS: If you believe you received the incorrect product, please keep the item(s) unused and in the original packaging and reach out to our Customer Solutions team. They will work with you to reship the correct item or offer a refund. We may require a picture of the incorrect product you received and will cover the cost of return shipping for that item.
RESOLUTION OF DISPUTES: By using this website, you agree that any dispute or claim relating in any way to your use of any SMOKINACES service, or to any products or services sold or distributed by SMOKINACES or through VAPEJUICEFORSALEONLINE.COM, will be resolved through binding arbitration instead of in court. An exception is that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review or appeal of an arbitration award is very limited. An arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms found in SMOKINACES conditions of use, terms & Conditions and Policies just like a court would.
The arbitration will be conducted by an arbitrator chosen by Barnes&Wallace Enterprises Corp at the time chosen by Barnes&Wallace Enterprise Corp.
APPLICABLE LAWS: By using any SMOKINACES service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Missouri, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BARNES&WALLACE ENTERPRISES CORP the current owner of SMOKINACES and vapejuiceforsaleonline.com.
ADDRESS CHANGES: If a shipping address needs to be changed once an order has been processed, carriers will charge a reconsignment fee to update the shipping address of at least $50 or if an address change is requested, we will contact you via email regarding the amount of the carrier’s fee. If we do not receive confirmation regarding the fee and address change, we will leave the address as it was originally entered during the checkout process.
Please note that if the carrier attempts delivery to the original address and they are unable to deliver, a redelivery fee of at least $100 may apply in addition to any reconsignment fees.
COMMERCIAL LIMITED ACCESS ADDRESSES: Additional fees may apply if you are shipping to a limited access location, such as a university, prison, military base, or country club.
COMMERCIAL RESIDENTIAL SHIPPING ADDRESSES: Commercial carriers will deliver the vast majority of our products to a residential shipping address. If you operate a business out of your home, you must still select “residential” in your shopping cart because the carriers still consider your address residential.
DAMAGED & MISSING ITEMS: If any item or packaging is damaged or missing, or if you have any doubt about possible damage, you MUST do the following:
- Note it clearly on the delivery receipt before signing
- Keep your copy of the delivery receipt
- Contact us within 1 business day
- Keep the damaged packing materials for inspection
- Take pictures of the damaged items and packaging
Though our warehouses gives great attention to packaging every order for shipment, damage can occur in transit. In the case of damage we must go to the carrier company to receive reimbursement for these damages. By signing the delivery receipt you are taking responsibility and ownership for the shipment in the condition noted. If part or all of your shipment is damaged and you did not note this in any way on the delivery receipt, we CANNOT guarantee any compensation for damages. Signing the delivery receipt without noting any damage means that you have received your shipment in acceptable condition.
There are rare occasions where our freight carriers may lose a shipment. In these situations, it’s our highest priority to find your items and we will work with the carrier to do so. Dock checks with the carrier take approximately 3-5 business days to complete. If your shipment is found, we will continue the delivery to your location. If it is deemed lost, we will work with you to provide a satisfactory resolution.
DELIVERY TIME: Both Our Company and Partnered Suppliers strive to have orders processed and ready to ship within 1-3 business days. Most products ship from one of our partnered warehouses within Our web of affiliates throughout the U.S. However, since some items will be shipped directly from the manufacturer, delivery times may vary. Common carrier deliveries typically range from 1 to 15 business days for delivery, depending on your proximity to the shipping location. Ground shipping can typically take anywhere from 1 to 7 business days. If your delivery time is over a holiday, please add an additional day for delivery. Our warehouses observe the following holidays: Christmas, New Years, Memorial Day, 4th of July, Labor Day and Thanksgiving. Shipping companies may observe additional holidays. All standard ground delivery times and common carrier shipments are estimates and are not guaranteed.
If you need your order more quickly, you may contact us for a priority shipping agreement.
DESTINATIONS: We primarily ship throughout the U.S.. We do not currently fulfill shipments to countries internationally. We are unable to ship to PO boxes, APO/FPO boxes or Viabox at this time. If you plan to ship to a carrier terminal or store location such as a FedEx or UPS Store, please be aware that carriers will not accept deliveries from one another. If a shipping carrier deems your address inaccessible for delivery, they will make final delivery at the closest shipping terminal or return the shipment to our warehouse. Contact Customer Solutions if you have any questions.
WE ARE A UNITED STATES ONLY BUSINESS AND CANNOT SHIP TO ANY RESIDENT OR BUSINESS OUTSIDE OF THE UNTIED STATES.
PACKAGING: Packaging that is used during shipment is designed to keep the contents of your order safe from damage or mishandling of products. On occasion a shipment will be received with damage to the packaging. Because the packaging is designed to protect the products that we ship, compensation will not be offered for packaging damage. If the actual items in your shipment are damaged, please contact us right away so we can arrange for compensation or replacement. Occasionally we will ship items in recycled boxes which may contain descriptions unrelated to the products inside in an effort to be more eco-friendly. This practice also allows us to cut costs on packaging which then is reflected into lower prices on our items. Be sure to inspect the actual items inside of the packaging before refusing a shipment due to incorrect information on the boxes.
FROZEN & PERISHABLE SHIPPING: In order to control the amount of time perishable items are in transit, they are only shipped on select days of the week based on which shipping method you choose.
Ground: Orders ship Monday through Wednesday.
Second Day: Orders ship Monday through Wednesday.
Next Day: Orders ship Monday through Thursday.
Orders placed after the cutoff will ship the following Monday.
SPLIT SHIPMENTS: While we do try to consolidate shipments as much as possible, we cannot guarantee every item will ship together due to where items are sourced from. If multiple shipments of your order are required, the full amount of the shipping costs will be charged in the first shipment. If you want part of your order sent expedited and the other part sent using standard Ground, please place two separate orders.
Returns & Exchanges
RESTOCKING FEES: A restocking fee will be deducted from your return credit to cover the cost of processing the items back into stock. This fee is 10% of the item(s) cost for commercial locations and 20% for residential locations. If the customer chooses to receive store credit, no restocking fee will be applied.
RETURNS: All regularly stocked items, with the exception of consumable products, can be returned within 30 days of receipt, so long as they are unused and returned in the original packaging. The customer may choose to either receive a return credit to be issued to the original payment method upon receipt and inspection of the product(s) or to receive store credit for a replacement product of equal value. Shipping charges paid at the time of checkout will not be credited along with the return. An applicable restocking fee will be deducted from the amount due – unless issued store credit. Customers are responsible for the cost of return shipping; This includes any brokerage fees, duties, and taxes for international returns.
If your original payment method was made by wire, check, or ACH you will only be offered store credit for a replacement product of equal value.
Return requests for Special Order and Imported Products and products shipped direct from the manufacturer are not accepted and cannot be returned; However a customer may receive store credit for a replacement product of equal value.
RETURN FOR CONSUMABLE & PERISHABLE PRODUCTS: We are unable to accept returned consumable & PERISHABLE products. This allows us to ensure the products are good to use, untampered with, and have adequate shelf life.
It is important to keep in mind that some items ship directly from the manufacturers that we partner with and are identified as drop ship items. Shipping times on drop ship orders can vary so if you need an item by a particular date, please contact our customer service team firstname.lastname@example.org They would be happy to contact the manufacturer on your behalf to check lead times and shipping estimates.
Restricted Products & Shipment
SMOKINACES is a seller and manufacture of items and products that are categorized as Restricted Products and Categories that also have Restricted Shipping Terms & Conditions due to both State and Federal Laws. Such As:
- Vaping & E-Cigarette Related Products
- Tobacco Products & Accessories
- Adult Products & Accessories
- Adult Themed Content & Related Products
- Age Restricted Goods & Related Products
AGE RESTRICTIONS: SMOKINACES will not allow the sale of any product on vapejuiceforsaleonline.com to any consumer under the age of 18. Age Verification is required during checkout for the purchase of any product on this site. If the purchase or sale of a Restricted Product & Category is made, marketed or caused by an individual of any age to a minor, that consumer will be banned from all future use of SMOKINACES Services and the IP Address of the consumer will be blocked from Our Database; In addition, WE WILL TAKE LEGAL ACTION against anyone attempting or to put a minor in such jeopardy and will report the action to the governing authorities within your area. We have a NO TOLERANCE POLICY for the sale of Restricted Products & Categories to minors, there will be NO WARNING. For more information see our CHILD RESTRICTION POLICY & PLEDGE seen in these Terms & Conditions. Thank You.
RESTRICTED PRODUCT SHIPPING POLICY: No products sold by SMOKINACES can be purchased or shipped to the following locations do to State and Federal Regilations:
- New York
- Rhodes Island
ACCOUNT ACCESS: As of 2020 all consumers must have an Aged Verified Account with SMOKINACES to access or purchase any products sold on vapejuiceforsaleonline.com. NO EXCEPTIONS.
WARNING TO RE-SELLERS & AFFILIATES: SMOKINACES will provide this One Warning to Our Resale Partners & Affiliates. We will not support or allow the advertisement or the sale of Restricted Products & Categories to any individual under the age of 21. PERIOD. Any Affiliate selling on vapejuiceforsaleonline.com or advertising partner participating in the sale or advertising of any Restricted Products or Categories will be banned from SMOKINACES Services and the IP address of the business or consumer will be blocked permanently from Our database without warning.
The SMOKINACES (“us”, “we”, or “our”) operates the vapejuiceforsaleonline.com website (hereinafter referred to as the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the website operated by the SMOKINACES that can be found at: “vapejuiceforsaleonline.com”
Personal Data means data about a living individual who can be identified from this data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
INFORMATION COLLECTION & USA: We collect several different types of information for various purposes to provide and improve our Service to you.
TYPES OF DATA COLLECTED:
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/ Postal code, City
- Date Of Birth
- Cookies and Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
USE OF DATE: The SMOKINACES company uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To send personal data to third-party service providers for payments, fraud prevention and shipping
TRANSFER OF DATA: Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
DISCLOSURE OF DATA:
Disclosure for Law Enforcement
Under certain circumstances, The SMOKINACES company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The SMOKINACES may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of SMOKINACES
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
SECURITY OF DATA: The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
OUR POLICY ON “DO NOT TRACK” CalOPPA: We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Child Restriction Policy & Pledge
Our Service does not address anyone under the age of 21 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 21. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
WE PLEDGE TO DO ALL WITHIN OUR POWER TO PREVENT THE SALE OF NICOTINE AND TOBACCO RELATED PRODUCTS AND ACCESSORIES OF ANY KIND TO MINORS. WE PLEDGE TO REPORT ANY ATTEMPT OF THE PURCHASE OR ADVERTISEMENT OF SUCH PRODUCTS TO THE AUTHORITIES.
Product Policies & Warnings
BEST BY DATE POLICY: Our shelf stable food and beverage products are designed for commercial use, and would typically be shipped 1-3 months before the best by date. The exact remaining suggested shelf life will vary by item due to the nature of each product, and may be shorter with items that require refrigeration.
Compatible Models are listed as applicable and kept as accurate and up-to-date as possible. If you have any questions or concerns, feel free to contact a Customer Solutions Specialist before placing your order.
Equivalent Items Equivalent items and any associated illustrations or descriptions are presented for your reference. These are items which, based on available manufacturer information, are suitable replacements for the stated original item. These equivalent items are not necessarily authorized, sponsored, or endorsed by the manufacturer of the stated item, or by the manufacturers of equipment compatible with the stated item; any OEM names mentioned are registered trademarks.
GENERIC UNBRANDED ITEMS: On our site, some of our lowest priced items are listed as generic. In other words, we do not have a specific vendor name associated with the product. The product is sourced from a variety of vendors according to price and availability so we may both quickly and fairly accommodate your needs. We do our best in updating our site with any changes in the products and there may be instances where there is a slight variance in the look and feel of the product due to a change in vendors. However, the intended application of the product will remain the same. If you find that this is not the case, please contact our Customer Solutions team immediately and we will look into the issue for you!
IMAGE COLOR POLICY: Our Images Department makes every effort to portray the color of an item as accurately as possible on our site. However, depending on your monitor settings, the color of an item may appear different than in person. Unfortunately we cannot guarantee the accuracy of the color displayed on your monitor.
Certain types of products, such as textiles and fabrics, are subject to dye lot variations inherent to their manufacturing process. If you are trying to match an existing product in your possession, please contact us and we will accommodate your request to the best of our ability.
IMAGE POLICY: We try to provide the most accurate images of our products as possible. However, some product images prove difficult or impossible to obtain. In these cases, we will use the closest representative image we can find for the product. These representative, illustrative images may show optional accessories or features, or may be an image of a similar product.
Therefore, we recommend that you carefully read the product description and other related product literature such as Specification Sheets, SDS Sheets, etc., before placing your order. If you have any questions or concerns about a product after reading the description and product literature, please contact us.
PROPOSITION 65 NOTICE FOR RE-SELLERS: If you are reselling any items into the State of California you must provide your customers with an appropriate Proposition 65 warning, if required. You can find a warning for your use on the product detail pages of items that require a warning. More information about Proposition 65 is available at www.p65warnings.ca.gov.
SALES & COUPON CODE POLICY: Because we are a bulk distributor, we make sure to advertise our lowest prices on our website, including discounts we receive from our vendors that are passed onto our customers. On occasion we will provide sales and coupon codes to receive further discounts off the original price of the item. To ensure the discount is received for sales, items should be purchased as soon as possible. Coupon codes for items on our site will have an expiration date associated with them. Coupons and discounts will only be honored on orders that are placed while the coupon/discount is valid. Discounts do not apply to already discounted products and cannot be used in conjunction with other offers.
Pricing that is advertised on sources outside of our website may reflect incorrect prices compared to what we currently offer. The prices on our website are regularly updated to ensure accurate, real-time pricing; however, search engines and coupon code websites may not always provide the most up-to-date prices. Please visit our website to view the current pricing of our items. Prices and coupon codes that are not valid will not be honored at checkout.
ACCEPTED CREDIT CARDS: All orders must be placed online through our checkout process. We accept all major credit cards including Master Card, Visa, American Express, and Discover. We are able to accept most prepaid credit cards as long as the card has been registered with a billing address. Only a single credit card may be used to process the order.
ALTERNATIVE PAYMENT METHODS: We accept checks & money orders with an order total of $500.00 or greater. The order will be placed on hold until payment has been received. To Request This Form Of Payment Contact Customer Support at email@example.com
Once payment is cleared, the order will be released to process for shipment. . Personal checks are processed on Mondays and Thursdays and will be held for 5 business days from when they are processed while they clear. A holding period is not required if a certified check is provided but will still be processed Mondays and Thursdays only. All other alternative payment orders will be released as soon as the payment is received, with a minimum of 1 business day delay to receive payment.
PAYPAL: We accept payment via PayPal on our website as an additional payment option. A major credit card is still required to complete the transaction, as we do not accept gift cards, store cards, or account credits associated with your PayPal account.
SALES TAX: Sales tax is included in the price of most products and will be charged on orders shipping to the states of Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin, and Wyoming. If you are tax-exempt and shipping to one of these states.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are contractually obligated not to disclose or use it for any other purpose.
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the GOOGLE ADS settings page.
Google also recommends installing the Google Analytics OPT-OUT BROWSER ADD-ON for your web browser.
Google Analytics Opt-Out Browser Add-On provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the GOOGLE PRIVACY TERMS web page.
Display & Video 360 (a Google product)
For more information on Display & Video 360 conversion tracking visit GOOGLE PRIVACY & TERMS.
Yahoo Dot Tags
For more information on Yahoo Dot Tags visit YAHOO site.
For more information on Facebook Ads Pixel, visit Facebook’s BUSINESS PAGE.
For more information on Microsoft Bing Ads, visit BING ADS HELP.
For more information on Pinterest Tag tracking, visit PINTEREST SITE
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
SMOKINACES Affiliate Program
If you would like to sell on the SMOKINACES Site or become a marketing, private label or Wholesale Affiliate please contact our Customer Service Team for more information at firstname.lastname@example.org.
SMOKINACES Member Policies & Conditions
ACCOUNT BENEFITS: Once enrolled, a member will receive member only benefits including deep discounts, coupon codes, notices of new product listings and stock changes.
MEMBER COST: At this time being a member with SMOKINACES and all included benefits are free.
Limited Liability Agreement
AGREEMENT: YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, SMOKINACES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SMOKINACES SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A SMOKINACES ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SMOKINACES ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SMOKINACES SITES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SMOKINACES ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE SMOKINACES SITES.
ARBITRATION: PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the SMOKINACES Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and SMOKINACES will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.