Smoke-onos Terms of Use
IMPORTANT - PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS") CAREFULLY BEFORE CONTINUING!
These Terms govern the relationship and serve as a legally binding agreement between you and New Global Marketing, Inc. d/b/a Best Cigar Prices (“Smoke-onos”, “we”, “us”, or “our”) and set forth the terms and conditions by which you may access and use the Smoke-onos website (the “Website”) and all products (“Products”), content, services, programs, features, and in-person event offerings associated with the Smoke-onos cigar festival (“Festival”) (collectively, “Services”). By clicking “I Agree,” selecting a relevant box to indicate your acceptance of these Terms, creating an account on the Website, purchasing a festival ticket on Eventbrite, or by using any of the Services in any way, you (as a “User”) expressly acknowledge that you have read, understand, accept and agree to be bound by these Terms, which form a binding agreement between you and Smoke-onos. Your use of the Website and participation in Smoke-onos are conditioned on your acceptance without modification of these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
YOU MUST BE AT LEAST 21 YEARS OLD TO USE THE WEBSITE, ATTEND THE FESTIVAL, AND PURCHASE ANY OF OUR PRODUCTS. Valid government-issued photo identification is required for entry; no exceptions or refunds for failure to present valid ID.
ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 20 OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND US, OR YOU AND THE SERVICE PROVIDERS RELATED TO THESE TERMS, THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED FURTHER IN SECTION 20. WE PROVIDE INFORMATION ON EXCEPTIONS AND HOW TO OPT OUT OF ARBITRATION IN SECTION 15 OF THESE TERMS.
1. USE OF THE WEBSITE AND EVENT PARTICIPATION
(a) Restrictions. By accessing or using the Website or participating in the Festival, you agree to comply with all venue policies and posted instructions. You agree not to, and not to enable others to:
(b) User Account, Password, And Security. You may have the option to create a user account (“Account”). If so, you are responsible for maintaining the confidentiality of your Account information, including usernames and passwords, and for restricting access to your devices. You are liable for all activities that occur under your Account, whether authorized by you or not. You agree not to misrepresent your identity, create an account for anyone else, or access accounts other than your own.
You must promptly notify Smoke-onos of any unauthorized use of your Account or any security breach, and ensure you log out at the end of each session. If you suspect unauthorized use, immediately change your password and notify us. Violations of these Terms may result in civil or criminal penalties, and we reserve the right to investigate and cooperate with law enforcement as necessary.
When creating and using your Account, you agree to provide and maintain accurate, current, and complete information, including payment details. If any information is found to be false, inaccurate, or incomplete, we may suspend or terminate your Account and cancel pending orders.
(c) Communications. By using the Website, creating an account, or providing us with your email address or other contact information, you consent to receive communications from Smoke-onos electronically. We may communicate with you by email, by posting notices on the Website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your contact information current and to regularly check for communications from us.
2. PRIVACY
The use of the Website and Services is subject to the Privacy Notice of Smoke-onos. By using the Website and Services, you consent to the collection, use, maintenance, and transfer of the information (including personally identifiable information) that you provide to us in accordance with the terms of such Privacy Notice. A copy of the Privacy Notice can be found at www.smokeonos.com/privacy. By using the Website and Services, you also acknowledge and agree that your information may be shared with and processed by other authorized service providers as necessary to provide the Services, and as such will be subject to the applicable service provider’s privacy notice.
3. NOT INTENDED FOR CHILDREN; AGE RESTRICTION.
THE PRODUCTS AND SERVICES ARE NOT INTENDED FOR ANYONE UNDER TWENTY-ONE (21). You may only access the Website, purchase tickets to the Festival or use any of the Services if you are at least twenty-one (21) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and all applicable local, state, national, and international laws, rules and regulations. Smoke-onos may use age verification tools or require proof of age at purchase or delivery, and you agree to comply with all applicable tobacco laws in your jurisdiction. In any case, you affirm that you are over the age of twenty-one (21).
4. TOBACCO WARNING
Cigars and other tobacco products contain nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm. Nicotine is an addictive chemical. The use of tobacco products has been associated with serious health risks, including cancer, heart disease, and lung disease. Cigars are not a safe alternative to cigarettes. If you have questions about the health effects of tobacco use, please consult your physician or a qualified health professional.
5. ASSUMPTION OF RISK
By attending the Festival, you acknowledge and voluntarily assume all risks related to participation in outdoor activities, cigar smoking and exposure to tobacco smoke, and attendance at a public event, including exposure to communicable diseases. You agree to comply with all posted safety rules and any instructions by staff. To the maximum extent permitted by law, you release Smoke-onos and the venue from claims arising out of your attendance, except to the extent caused by their gross negligence or willful misconduct. You are responsible for your personal property at all times; Smoke-onos is not responsible for lost, stolen, or damaged items.
6. TICKETS; SALES; PAYMENTS; ENTRY CONDITIONS
Tickets must be purchased in advance through Eventbrite; no tickets will be sold at the door. You agree that your use of Eventbrite is subject to Eventbrite’s terms and privacy policy. All sales are final after the Eventbrite refund deadline. You agree not to initiate a chargeback or reversal with your card issuer after the refund deadline. If you do, we may contest the chargeback and recover our fees and costs. You are responsible for any applicable taxes and third‑party ticketing fees.
Ticket purchases are limited to four (4) per customer. We may cancel any order that violates quantity limits or that we suspect is associated with resale, scalping, fraud, or other violations of these Terms. Tickets are for personal use only and may not be resold or offered for resale where prohibited. We may cancel tickets suspected of resale or fraud.
This is a Credit Card ONLY event. No cash payments are accepted. We accept Visa, MasterCard, American Express, Discover, and supported digital wallets. You authorize our payment processor to charge your selected payment method for ticket amounts and any applicable taxes and fees. Tickets are non-redeemable for cash.
Shirts and shoes are required; dress is casual. Outside food and beverages are not permitted. We may refuse entry or remove any attendee for violation of these Terms or venue policies, or for unsafe or disruptive behavior, without refund.
The event is wheelchair accessible and includes handicap parking. If you require a reasonable accommodation to attend, please contact us at [email protected] at least 30 days before the Festival. We will make reasonable efforts to accommodate in compliance with applicable law.
No pets are permitted. In accordance with the ADA, trained service animals (dogs) that perform work or tasks for a person with a disability are welcome. We may ask whether the dog is a service animal required because of a disability and what work or task the dog has been trained to perform. Emotional support, comfort, or therapy animals are not permitted. No camping or tailgating. Smoking is permitted only in designated areas. Unauthorized commercial activity, unauthorized recordings for commercial purposes, and unsafe behavior are prohibited.
Prohibited items include, without limitation: weapons (including firearms, knives, explosives), illegal drugs or paraphernalia, outside alcohol, outside food or beverages, glass containers, drones, laser pointers, fireworks, and any item deemed unsafe by security. We may deny entry or remove attendees violating these rules without refund.
7. REFUNDS; CANCELLATIONS; EVENT CHANGES
Refunds are available only until the refund deadline posted on Eventbrite for your ticket purchase. No refunds will be issued after that time, including for no-shows, late arrivals, failure to present valid ID, adverse weather, or partial attendance.
The event is rain or shine and will include both open and tented areas. We may modify programming, relocate activities, or take other measures for safety or operational reasons.
The published schedule and the list of special guests are subject to change without notice. We are not responsible for the acts or omissions of performers, third-party vendors, guests, or other third parties.
8. ONSITE SERVICES; FOOD AND BEVERAGE; SHUTTLES; VENDORS
Lunch and water are included with admission. Alcoholic beverages, including beer, will be available for purchase at designated beer trucks, mobile bar service locations, and inside Best Cigar Pub, subject to ID verification and responsible service policies. We reserve the right to refuse service or entry to anyone who is intoxicated or acting unsafely, without refund. Outside food and beverages are not permitted. Purchases from vendors at the Festival are solely between you and the vendor. Smoke-onos is not a seller of vendor products and disclaims all liability arising from vendor sales.
Shuttle service may be provided to and from partnering hotels and lots. Shuttle schedules, routes, capacity, and availability are subject to change or cancellation without notice and may be operated by third parties subject to their own terms and policies.
Participating vendors may offer products, including cigars, for purchase subject to applicable law and their own terms and policies. We are not responsible for vendor products, warranties, or representations.
9. PARTNER LINKS; SPECIAL GUESTS; CONSENT TO BE PHOTOGRAPHED
The Website may include advertisements and links to partner hotels and other third-party websites. These are provided for convenience only and are governed by the third party’s terms and privacy policy. We do not control or endorse, and are not responsible for, third-party content, products, or services.
The Website may feature photos, names, and titles of special guests, including co-founders, CEOs, employees, and other personalities. Attendance of any special guest is not guaranteed and is subject to change without notice.
Your attendance at the event constitutes your consent to be photographed, filmed, and recorded, and to the use of your image, likeness, and voice, without compensation, in any media for promotional or other lawful purposes, to the extent permitted by law.
The Website may advertise merchandise that will be available for purchase at the event; such merchandise is not available for purchase online and is subject to onsite availability and pricing.
Event schedules and programming posted on the Website are for informational purposes only and are subject to change without notice.
Directions on the Website may include a Google My Maps embed or link. Use of third-party maps is governed by the applicable provider’s terms and privacy policy, and we do not warrant accuracy or availability.
Certain pre-events, including a golf tournament hosted at Sand Springs Golf Course, are conducted by third parties and are subject to their terms, policies, and operations. We are not responsible for third-party venues or events.
10. INTELLECTUAL PROPERTY; TRADEMARKS
(a) Proprietary Rights. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Website, and the Services are owned by Smoke-onos or its licensors or providers. Neither these Terms, nor your access to or use of the Website or Services, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights. No portion of the Website or Services, may be reproduced in any form or by any means, except as provided in these Terms. No rights are granted to you by implication, estoppel, or otherwise, except as expressly set forth in these Terms.
(b) Trademarks. The trademarks, service marks and logos ("Marks") used in the Website and in connection with the Products and Services are owned by Smoke-onos or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Marks without the prior written consent of Smoke-onos or the owner of the Marks. Smoke-onos' Marks identify Smoke-onos' Products and Services and indicate their source to the public. You are strictly prohibited from using any Smoke-onos Mark without Smoke-onos' prior written consent, including but not limited to:
11. NO WARRANTIES
Smoke-onos makes no representation that any Services are available for use in your location, and a reference to Services on the Website does not imply that the Services will be available to you and/or in your location. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
12. DISCLAIMERS
(a) ADDITIONAL DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SMOKE-ONOS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY ADDITIONAL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO PURCHASE THE PRODUCTS AND/OR ACCESS OR USE THE WEBSITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN CONNECTION WITH THE PRODUCTS OR SERVICES.
When using the Website, Products and/or the Services, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website, Products and/or Services.
(b) ADDITIONAL EXCLUSIONS. SMOKE-ONOS IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH ANY PRODUCTS OR SERVICES ARISING FROM (i) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY SMOKE-ONOS; OR (ii) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT OR SERVICE AFTER THE DATE OF PURCHASE; OR (iii) ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES THAT ARISE EXCLUSIVELY ON OR WITH RESPECT TO UNSUPPORTED BROWSERS.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMOKE-ONOS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED THROUGH OUR WEBSITE OR OTHERWISE, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SMOKE-ONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY SHALL BE LIMITED TO THE ACTUAL DAMAGES INCURRED BY YOU, NOT EXCEEDING THE AMOUNT YOU ACTUALLY PAID TO SMOKE-ONOS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN QUESTION, OR THE MINIMUM AMOUNT ALLOWABLE BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM IMPLIED WARRANTIES OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTIES, AND THE EXTENT OF OUR LIABILITY, WILL BE THE MINIMUM PERMITTED BY LAW.
WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCTS AND/OR THE SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES THAT WE MAY OFFER. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
14. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless Smoke-onos, its directors, officers, employees, and agents, and any third parties providing products or services via the Website from and against any and all suits, actions, claims, or proceedings (collectively, "Claims") for damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) arising from or related to (i) your violation of these Terms; (ii) your use of the Website, any Products or Services; (iii) your violation of applicable laws, regulations, or third-party rights; and (iv) your willful misconduct, fraud, or negligence. We reserve the right to assume control over the defense of any Claim for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of Smoke-onos.
15. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS
(a) We may provide hyperlinks to other websites maintained by third parties, or may provide third party Content on the Website by framing or other methods (collectively, "Third Party Content"). In addition, the Website and the Festival may include certain applications, features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. We make no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "AS IS."
Links to third-party websites, including social media platforms such as Facebook, Twitter, Instagram, and others, as well as any third party content or applications, are provided for your convenience. These sites are not controlled or endorsed by Smoke-onos, and your use of such sites is subject to the terms and privacy policies of the respective third parties. Your interactions with Smoke-onos or other users on social media platforms are governed by the terms and policies of those platforms. By tagging Smoke-onos or using our designated hashtags, you grant Smoke-onos a non‑exclusive, royalty‑free, worldwide license to repost and display your tagged content on our official channels for marketing and promotional purposes, subject to the platform’s terms. Please note that our Privacy Notice does not apply to third-party websites or social media platforms. We encourage you to review the privacy policies of any third-party sites you visit.
Smoke-onos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, interactions with, or reliance on any such third-party content, offerings, products, or other material available on the services or on third party linked websites. In the event of a dispute with any Third-Party, other User, or entity, you acknowledge that Smoke-onos is not obligated to intervene, and you release and indemnify Smoke-onos Parties, defined as including but not limited to all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any third-party claims or damages arising from such disputes or Website usage.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(b) In the event that you wish to establish a link to the Website, you expressly agree:
The link to our Website does not permit you to use any of the Smoke-onos and/or third party content, names, logos, pictures, or trademarks, unless separately agreed to in writing by the relevant rights-holder.
Please note that certain Smoke-onos owners, affiliates or personnel may have financial interests in one or more Third-Parties and may benefit from your engagement with these Third-Parties or the purchase of Third-Party Offerings.
If a third party should link to or refer to the Website, Products or the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Website, Products or the Services.
16. UPDATES
We may make changes to or stop providing the Website, Products or the Services at any time and without further notice to you. We will make an effort to update this web page with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
17. TERMINATION OF SERVICE
We may, at any time and without cost, charge or liability, terminate your right to purchase Products and/or access Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Products or Services, to us, to our partners, to the business of our Internet service provider, or to other information providers.
18. ADDITIONAL REMEDIES
You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Smoke-onos irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that Smoke-onos may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
19. GOVERNING LAW AND JURISDICTION
The validity, interpretation, construction, and execution of these Terms and your use of the Website, Products and Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. If the Arbitration Agreement in Section 10 is found not to apply to any legal suit, action, or proceeding arising out of, or related to, these Terms, you agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in Pennsylvania, with respect to such matters. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS. Notwithstanding the foregoing, Smoke-onos may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Smoke-onos through injunctive relief and other equitable remedies without proof of monetary damages. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION ("ARBITRATION AGREEMENT")
Should a dispute arise between you and us, we are committed to working with you to reach a reasonable resolution. You and Smoke-onos agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and Smoke-onos will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.
You and we mutually agree that any claim, dispute, or controversy arising between you and us, concerning Smoke-onos, the Services, the Content, the Privacy Notice, or any other goods, services, or advertising by Smoke-onos or any associated parties, including controversies regarding the applicability, enforceability, or validity of any provision of this Agreement (collectively referred to as “Disputes”), which is not resolved through an informal dispute resolution conference (as defined and described below), shall be resolved through confidential binding arbitration conducted by one arbitrator from the American Arbitration Association (“AAA”) with experience in resolving complex contract commercial-related claims mutually agreeable to the parties, rather than through litigation in court. The arbitration proceedings shall be held in Luzerne County, Pennsylvania. The arbitration process will be governed by the AAA’s Consumer Arbitration Rules then in effect and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as “Rules and Procedures”). If the parties are unable to agree on an arbitrator, then the parties agree that the American Arbitration Association will appoint an arbitrator who meets the requirements of this section upon application of a rank and strike process completed by the parties. By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein.
For the purposes of this Arbitration Agreement, “Dispute” also includes disputes arising from facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms. The arbitrator shall give effect to statutes of limitation and governing law in this Agreement in determining any claim, and any controversy concerning whether this Agreement, an issue, or dispute hereunder is arbitrable shall be determined by the arbitrator.
The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator’s decision. The decision of arbitration shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify this Agreement or any applicable law in any respect. The arbitrator may not grant any remedy or relief greater than that sought by the parties. The confidentiality provisions of this Agreement shall apply to the claims and defenses in the arbitration proceeding. The opinion and arbitration hearing(s), proceeding(s) and filing(s), shall all remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award. Any documents filed to enforce a decision of the arbitrator will be filed under seal or otherwise protected from public view. Any decision by the arbitrator shall not be interpreted as an admission against the interest of any party and shall not be admissible as evidence in any subsequent court action with a third party.
The arbitrator shall be authorized to and shall permit the prevailing party in any claim resolved pursuant to this Agreement to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party’s reasonable costs and expenses of such claim, including reasonable attorneys’ fees and the amount such prevailing party may have paid or be obligated to pay with respect to the fees of the arbitrator and the administrative costs of the arbitration. Notwithstanding the foregoing provisions of this section, and notwithstanding the arbitrator’s authority to issue injunctive relief, the parties are not required to arbitrate any issue for which injunctive relief is sought by any party hereto and both parties may seek injunctive relief in any federal or state court having competent jurisdiction. The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys’ fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process. YOU AGREE TO NOT BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THEIR INDIVIDUAL CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.
You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of this Agreement mandating arbitration of disputes with Smoke-onos or any related parties. To opt-out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration with the relevant party to: [email protected] ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements currently in place or entered into in the future with us or any other Smoke-onos Parties. Prior to initiating arbitration of a Dispute, you must provide us with a written Notice of Dispute containing your name, residential address, username (if applicable), email address associated with your Smoke-onos User Account (if applicable), a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, we will provide you with a written Notice of Dispute detailing the Dispute and the relief sought. Any Notice of Dispute to us should be sent to 1 Hillside Drive, Drums, PA 18222 ATTN: Dispute Notice. Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.
21. FORCE MAJEURE
We are not liable for delays, changes, or cancellations due to causes beyond our reasonable control, including weather, acts of God, labor disputes, governmental actions, public health directives, utility or network interruptions, or safety concerns. Where required by law, remedies may be limited to a refund or credit, at our discretion.
22. TIME LIMITATION ON CLAIMS
You agree that you will not bring a claim under or related to these Terms, Website, any purchase of Products and/or any use of Services more than twelve (12) months after the date on which your claim first arose.
23. SEVERABILITY
If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, then these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
24. WAIVER
If Smoke-onos does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Smoke-onos has the benefit of under any applicable law), this will not be taken to be a formal waiver of Smoke-onos' rights and that those rights or remedies will still be available to Smoke-onos.
25. SURVIVAL
Any provision of these Terms that by its nature should survive termination of these Terms or your use of the Products or Services will survive such termination, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
26. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations in connection with your access to and use of the Website, Products, and Services, including but not limited to those relating to the purchase, possession, and use of tobacco products. You are solely responsible for ensuring that your use of the Website, Products, and Services is lawful in your jurisdiction and for obtaining any necessary permits or approvals as required by law. Smoke-onos does not represent or warrant that the Website, Products, or Services are appropriate, available, or legal for use in any particular location. Access to the Website, Products, or Services from jurisdictions where such access is illegal or prohibited is strictly prohibited. We reserve the right to refuse or cancel orders or terminate accounts where we have reason to believe that use or purchase would violate any applicable law or regulation.
27. ASSIGNMENT
You may not assign, delegate, or transfer these Terms, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign or transfer these Terms, in whole or in part, to any affiliate or in connection with a merger, sale of assets, financing, or other corporate transaction, without notice to you.
28. CUSTOMER COMMENTS
By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to our Privacy Notice located at www.smokeonos.com/privacy.
YOU MUST BE AT LEAST 21 YEARS OLD TO USE THE WEBSITE, ATTEND THE FESTIVAL, AND PURCHASE ANY OF OUR PRODUCTS. Valid government-issued photo identification is required for entry; no exceptions or refunds for failure to present valid ID.
ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 20 OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND US, OR YOU AND THE SERVICE PROVIDERS RELATED TO THESE TERMS, THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED FURTHER IN SECTION 20. WE PROVIDE INFORMATION ON EXCEPTIONS AND HOW TO OPT OUT OF ARBITRATION IN SECTION 15 OF THESE TERMS.
1. USE OF THE WEBSITE AND EVENT PARTICIPATION
(a) Restrictions. By accessing or using the Website or participating in the Festival, you agree to comply with all venue policies and posted instructions. You agree not to, and not to enable others to:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, discriminatory, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- use any means to spider, harvest, scrape, crawl, or participate in the use of software, including spyware, to collect data from the Website or Services;
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or underlying code used to provide the Website or Services;
- attempt to circumvent any technological measure implemented by us or any of our providers or other third party (including another user) to protect the Website or Services;
- participate in unauthorized commercial activity, solicitation, sampling, or distribution of materials; or
- advocate, encourage, or assist any third party in doing the foregoing.
(b) User Account, Password, And Security. You may have the option to create a user account (“Account”). If so, you are responsible for maintaining the confidentiality of your Account information, including usernames and passwords, and for restricting access to your devices. You are liable for all activities that occur under your Account, whether authorized by you or not. You agree not to misrepresent your identity, create an account for anyone else, or access accounts other than your own.
You must promptly notify Smoke-onos of any unauthorized use of your Account or any security breach, and ensure you log out at the end of each session. If you suspect unauthorized use, immediately change your password and notify us. Violations of these Terms may result in civil or criminal penalties, and we reserve the right to investigate and cooperate with law enforcement as necessary.
When creating and using your Account, you agree to provide and maintain accurate, current, and complete information, including payment details. If any information is found to be false, inaccurate, or incomplete, we may suspend or terminate your Account and cancel pending orders.
(c) Communications. By using the Website, creating an account, or providing us with your email address or other contact information, you consent to receive communications from Smoke-onos electronically. We may communicate with you by email, by posting notices on the Website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your contact information current and to regularly check for communications from us.
2. PRIVACY
The use of the Website and Services is subject to the Privacy Notice of Smoke-onos. By using the Website and Services, you consent to the collection, use, maintenance, and transfer of the information (including personally identifiable information) that you provide to us in accordance with the terms of such Privacy Notice. A copy of the Privacy Notice can be found at www.smokeonos.com/privacy. By using the Website and Services, you also acknowledge and agree that your information may be shared with and processed by other authorized service providers as necessary to provide the Services, and as such will be subject to the applicable service provider’s privacy notice.
3. NOT INTENDED FOR CHILDREN; AGE RESTRICTION.
THE PRODUCTS AND SERVICES ARE NOT INTENDED FOR ANYONE UNDER TWENTY-ONE (21). You may only access the Website, purchase tickets to the Festival or use any of the Services if you are at least twenty-one (21) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and all applicable local, state, national, and international laws, rules and regulations. Smoke-onos may use age verification tools or require proof of age at purchase or delivery, and you agree to comply with all applicable tobacco laws in your jurisdiction. In any case, you affirm that you are over the age of twenty-one (21).
4. TOBACCO WARNING
Cigars and other tobacco products contain nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm. Nicotine is an addictive chemical. The use of tobacco products has been associated with serious health risks, including cancer, heart disease, and lung disease. Cigars are not a safe alternative to cigarettes. If you have questions about the health effects of tobacco use, please consult your physician or a qualified health professional.
5. ASSUMPTION OF RISK
By attending the Festival, you acknowledge and voluntarily assume all risks related to participation in outdoor activities, cigar smoking and exposure to tobacco smoke, and attendance at a public event, including exposure to communicable diseases. You agree to comply with all posted safety rules and any instructions by staff. To the maximum extent permitted by law, you release Smoke-onos and the venue from claims arising out of your attendance, except to the extent caused by their gross negligence or willful misconduct. You are responsible for your personal property at all times; Smoke-onos is not responsible for lost, stolen, or damaged items.
6. TICKETS; SALES; PAYMENTS; ENTRY CONDITIONS
Tickets must be purchased in advance through Eventbrite; no tickets will be sold at the door. You agree that your use of Eventbrite is subject to Eventbrite’s terms and privacy policy. All sales are final after the Eventbrite refund deadline. You agree not to initiate a chargeback or reversal with your card issuer after the refund deadline. If you do, we may contest the chargeback and recover our fees and costs. You are responsible for any applicable taxes and third‑party ticketing fees.
Ticket purchases are limited to four (4) per customer. We may cancel any order that violates quantity limits or that we suspect is associated with resale, scalping, fraud, or other violations of these Terms. Tickets are for personal use only and may not be resold or offered for resale where prohibited. We may cancel tickets suspected of resale or fraud.
This is a Credit Card ONLY event. No cash payments are accepted. We accept Visa, MasterCard, American Express, Discover, and supported digital wallets. You authorize our payment processor to charge your selected payment method for ticket amounts and any applicable taxes and fees. Tickets are non-redeemable for cash.
Shirts and shoes are required; dress is casual. Outside food and beverages are not permitted. We may refuse entry or remove any attendee for violation of these Terms or venue policies, or for unsafe or disruptive behavior, without refund.
The event is wheelchair accessible and includes handicap parking. If you require a reasonable accommodation to attend, please contact us at [email protected] at least 30 days before the Festival. We will make reasonable efforts to accommodate in compliance with applicable law.
No pets are permitted. In accordance with the ADA, trained service animals (dogs) that perform work or tasks for a person with a disability are welcome. We may ask whether the dog is a service animal required because of a disability and what work or task the dog has been trained to perform. Emotional support, comfort, or therapy animals are not permitted. No camping or tailgating. Smoking is permitted only in designated areas. Unauthorized commercial activity, unauthorized recordings for commercial purposes, and unsafe behavior are prohibited.
Prohibited items include, without limitation: weapons (including firearms, knives, explosives), illegal drugs or paraphernalia, outside alcohol, outside food or beverages, glass containers, drones, laser pointers, fireworks, and any item deemed unsafe by security. We may deny entry or remove attendees violating these rules without refund.
7. REFUNDS; CANCELLATIONS; EVENT CHANGES
Refunds are available only until the refund deadline posted on Eventbrite for your ticket purchase. No refunds will be issued after that time, including for no-shows, late arrivals, failure to present valid ID, adverse weather, or partial attendance.
The event is rain or shine and will include both open and tented areas. We may modify programming, relocate activities, or take other measures for safety or operational reasons.
The published schedule and the list of special guests are subject to change without notice. We are not responsible for the acts or omissions of performers, third-party vendors, guests, or other third parties.
8. ONSITE SERVICES; FOOD AND BEVERAGE; SHUTTLES; VENDORS
Lunch and water are included with admission. Alcoholic beverages, including beer, will be available for purchase at designated beer trucks, mobile bar service locations, and inside Best Cigar Pub, subject to ID verification and responsible service policies. We reserve the right to refuse service or entry to anyone who is intoxicated or acting unsafely, without refund. Outside food and beverages are not permitted. Purchases from vendors at the Festival are solely between you and the vendor. Smoke-onos is not a seller of vendor products and disclaims all liability arising from vendor sales.
Shuttle service may be provided to and from partnering hotels and lots. Shuttle schedules, routes, capacity, and availability are subject to change or cancellation without notice and may be operated by third parties subject to their own terms and policies.
Participating vendors may offer products, including cigars, for purchase subject to applicable law and their own terms and policies. We are not responsible for vendor products, warranties, or representations.
9. PARTNER LINKS; SPECIAL GUESTS; CONSENT TO BE PHOTOGRAPHED
The Website may include advertisements and links to partner hotels and other third-party websites. These are provided for convenience only and are governed by the third party’s terms and privacy policy. We do not control or endorse, and are not responsible for, third-party content, products, or services.
The Website may feature photos, names, and titles of special guests, including co-founders, CEOs, employees, and other personalities. Attendance of any special guest is not guaranteed and is subject to change without notice.
Your attendance at the event constitutes your consent to be photographed, filmed, and recorded, and to the use of your image, likeness, and voice, without compensation, in any media for promotional or other lawful purposes, to the extent permitted by law.
The Website may advertise merchandise that will be available for purchase at the event; such merchandise is not available for purchase online and is subject to onsite availability and pricing.
Event schedules and programming posted on the Website are for informational purposes only and are subject to change without notice.
Directions on the Website may include a Google My Maps embed or link. Use of third-party maps is governed by the applicable provider’s terms and privacy policy, and we do not warrant accuracy or availability.
Certain pre-events, including a golf tournament hosted at Sand Springs Golf Course, are conducted by third parties and are subject to their terms, policies, and operations. We are not responsible for third-party venues or events.
10. INTELLECTUAL PROPERTY; TRADEMARKS
(a) Proprietary Rights. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Website, and the Services are owned by Smoke-onos or its licensors or providers. Neither these Terms, nor your access to or use of the Website or Services, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights. No portion of the Website or Services, may be reproduced in any form or by any means, except as provided in these Terms. No rights are granted to you by implication, estoppel, or otherwise, except as expressly set forth in these Terms.
(b) Trademarks. The trademarks, service marks and logos ("Marks") used in the Website and in connection with the Products and Services are owned by Smoke-onos or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Marks without the prior written consent of Smoke-onos or the owner of the Marks. Smoke-onos' Marks identify Smoke-onos' Products and Services and indicate their source to the public. You are strictly prohibited from using any Smoke-onos Mark without Smoke-onos' prior written consent, including but not limited to:
- using the Marks in any manner likely to cause confusion;
- using the Marks to identify your own products or services;
- incorporating the Marks, in whole or in part, into your own trademarks, service marks, or business names;
- using the Marks in a way that falsely suggests sponsorship, endorsement, or affiliation with Smoke-onos or its products, services, or activities;
- using the Marks in any manner that disparages, dilutes, or otherwise harms the reputation or distinctiveness of the Marks;
11. NO WARRANTIES
Smoke-onos makes no representation that any Services are available for use in your location, and a reference to Services on the Website does not imply that the Services will be available to you and/or in your location. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
12. DISCLAIMERS
(a) ADDITIONAL DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SMOKE-ONOS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY ADDITIONAL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO PURCHASE THE PRODUCTS AND/OR ACCESS OR USE THE WEBSITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN CONNECTION WITH THE PRODUCTS OR SERVICES.
When using the Website, Products and/or the Services, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website, Products and/or Services.
(b) ADDITIONAL EXCLUSIONS. SMOKE-ONOS IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH ANY PRODUCTS OR SERVICES ARISING FROM (i) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY SMOKE-ONOS; OR (ii) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT OR SERVICE AFTER THE DATE OF PURCHASE; OR (iii) ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES THAT ARISE EXCLUSIVELY ON OR WITH RESPECT TO UNSUPPORTED BROWSERS.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMOKE-ONOS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED THROUGH OUR WEBSITE OR OTHERWISE, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SMOKE-ONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY SHALL BE LIMITED TO THE ACTUAL DAMAGES INCURRED BY YOU, NOT EXCEEDING THE AMOUNT YOU ACTUALLY PAID TO SMOKE-ONOS FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN QUESTION, OR THE MINIMUM AMOUNT ALLOWABLE BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM IMPLIED WARRANTIES OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTIES, AND THE EXTENT OF OUR LIABILITY, WILL BE THE MINIMUM PERMITTED BY LAW.
WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCTS AND/OR THE SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES THAT WE MAY OFFER. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
14. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless Smoke-onos, its directors, officers, employees, and agents, and any third parties providing products or services via the Website from and against any and all suits, actions, claims, or proceedings (collectively, "Claims") for damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) arising from or related to (i) your violation of these Terms; (ii) your use of the Website, any Products or Services; (iii) your violation of applicable laws, regulations, or third-party rights; and (iv) your willful misconduct, fraud, or negligence. We reserve the right to assume control over the defense of any Claim for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of Smoke-onos.
15. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS
(a) We may provide hyperlinks to other websites maintained by third parties, or may provide third party Content on the Website by framing or other methods (collectively, "Third Party Content"). In addition, the Website and the Festival may include certain applications, features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. We make no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "AS IS."
Links to third-party websites, including social media platforms such as Facebook, Twitter, Instagram, and others, as well as any third party content or applications, are provided for your convenience. These sites are not controlled or endorsed by Smoke-onos, and your use of such sites is subject to the terms and privacy policies of the respective third parties. Your interactions with Smoke-onos or other users on social media platforms are governed by the terms and policies of those platforms. By tagging Smoke-onos or using our designated hashtags, you grant Smoke-onos a non‑exclusive, royalty‑free, worldwide license to repost and display your tagged content on our official channels for marketing and promotional purposes, subject to the platform’s terms. Please note that our Privacy Notice does not apply to third-party websites or social media platforms. We encourage you to review the privacy policies of any third-party sites you visit.
Smoke-onos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, interactions with, or reliance on any such third-party content, offerings, products, or other material available on the services or on third party linked websites. In the event of a dispute with any Third-Party, other User, or entity, you acknowledge that Smoke-onos is not obligated to intervene, and you release and indemnify Smoke-onos Parties, defined as including but not limited to all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any third-party claims or damages arising from such disputes or Website usage.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(b) In the event that you wish to establish a link to the Website, you expressly agree:
- to obtain prior written approval from the Smoke-onos to establish a link to the Website;
- not to include the Website into the frame of another website and to create a direct link to the Website at smokeonos.com and not to create any third-party association with the Website; and
- to ensure that the link does not state or imply that Smoke-onos sponsors or endorses any other website activity, company or entity, or presents Smoke-onos, including but not limited to any of its brands, in a false, misleading, defamatory or derogatory manner.
The link to our Website does not permit you to use any of the Smoke-onos and/or third party content, names, logos, pictures, or trademarks, unless separately agreed to in writing by the relevant rights-holder.
Please note that certain Smoke-onos owners, affiliates or personnel may have financial interests in one or more Third-Parties and may benefit from your engagement with these Third-Parties or the purchase of Third-Party Offerings.
If a third party should link to or refer to the Website, Products or the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Website, Products or the Services.
16. UPDATES
We may make changes to or stop providing the Website, Products or the Services at any time and without further notice to you. We will make an effort to update this web page with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
17. TERMINATION OF SERVICE
We may, at any time and without cost, charge or liability, terminate your right to purchase Products and/or access Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Products or Services, to us, to our partners, to the business of our Internet service provider, or to other information providers.
18. ADDITIONAL REMEDIES
You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Smoke-onos irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that Smoke-onos may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
19. GOVERNING LAW AND JURISDICTION
The validity, interpretation, construction, and execution of these Terms and your use of the Website, Products and Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. If the Arbitration Agreement in Section 10 is found not to apply to any legal suit, action, or proceeding arising out of, or related to, these Terms, you agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in Pennsylvania, with respect to such matters. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS. Notwithstanding the foregoing, Smoke-onos may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Smoke-onos through injunctive relief and other equitable remedies without proof of monetary damages. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION ("ARBITRATION AGREEMENT")
Should a dispute arise between you and us, we are committed to working with you to reach a reasonable resolution. You and Smoke-onos agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and Smoke-onos will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.
You and we mutually agree that any claim, dispute, or controversy arising between you and us, concerning Smoke-onos, the Services, the Content, the Privacy Notice, or any other goods, services, or advertising by Smoke-onos or any associated parties, including controversies regarding the applicability, enforceability, or validity of any provision of this Agreement (collectively referred to as “Disputes”), which is not resolved through an informal dispute resolution conference (as defined and described below), shall be resolved through confidential binding arbitration conducted by one arbitrator from the American Arbitration Association (“AAA”) with experience in resolving complex contract commercial-related claims mutually agreeable to the parties, rather than through litigation in court. The arbitration proceedings shall be held in Luzerne County, Pennsylvania. The arbitration process will be governed by the AAA’s Consumer Arbitration Rules then in effect and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as “Rules and Procedures”). If the parties are unable to agree on an arbitrator, then the parties agree that the American Arbitration Association will appoint an arbitrator who meets the requirements of this section upon application of a rank and strike process completed by the parties. By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein.
For the purposes of this Arbitration Agreement, “Dispute” also includes disputes arising from facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms. The arbitrator shall give effect to statutes of limitation and governing law in this Agreement in determining any claim, and any controversy concerning whether this Agreement, an issue, or dispute hereunder is arbitrable shall be determined by the arbitrator.
The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator’s decision. The decision of arbitration shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify this Agreement or any applicable law in any respect. The arbitrator may not grant any remedy or relief greater than that sought by the parties. The confidentiality provisions of this Agreement shall apply to the claims and defenses in the arbitration proceeding. The opinion and arbitration hearing(s), proceeding(s) and filing(s), shall all remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award. Any documents filed to enforce a decision of the arbitrator will be filed under seal or otherwise protected from public view. Any decision by the arbitrator shall not be interpreted as an admission against the interest of any party and shall not be admissible as evidence in any subsequent court action with a third party.
The arbitrator shall be authorized to and shall permit the prevailing party in any claim resolved pursuant to this Agreement to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party’s reasonable costs and expenses of such claim, including reasonable attorneys’ fees and the amount such prevailing party may have paid or be obligated to pay with respect to the fees of the arbitrator and the administrative costs of the arbitration. Notwithstanding the foregoing provisions of this section, and notwithstanding the arbitrator’s authority to issue injunctive relief, the parties are not required to arbitrate any issue for which injunctive relief is sought by any party hereto and both parties may seek injunctive relief in any federal or state court having competent jurisdiction. The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys’ fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process. YOU AGREE TO NOT BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THEIR INDIVIDUAL CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.
You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of this Agreement mandating arbitration of disputes with Smoke-onos or any related parties. To opt-out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration with the relevant party to: [email protected] ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements currently in place or entered into in the future with us or any other Smoke-onos Parties. Prior to initiating arbitration of a Dispute, you must provide us with a written Notice of Dispute containing your name, residential address, username (if applicable), email address associated with your Smoke-onos User Account (if applicable), a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, we will provide you with a written Notice of Dispute detailing the Dispute and the relief sought. Any Notice of Dispute to us should be sent to 1 Hillside Drive, Drums, PA 18222 ATTN: Dispute Notice. Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.
21. FORCE MAJEURE
We are not liable for delays, changes, or cancellations due to causes beyond our reasonable control, including weather, acts of God, labor disputes, governmental actions, public health directives, utility or network interruptions, or safety concerns. Where required by law, remedies may be limited to a refund or credit, at our discretion.
22. TIME LIMITATION ON CLAIMS
You agree that you will not bring a claim under or related to these Terms, Website, any purchase of Products and/or any use of Services more than twelve (12) months after the date on which your claim first arose.
23. SEVERABILITY
If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, then these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
24. WAIVER
If Smoke-onos does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Smoke-onos has the benefit of under any applicable law), this will not be taken to be a formal waiver of Smoke-onos' rights and that those rights or remedies will still be available to Smoke-onos.
25. SURVIVAL
Any provision of these Terms that by its nature should survive termination of these Terms or your use of the Products or Services will survive such termination, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
26. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations in connection with your access to and use of the Website, Products, and Services, including but not limited to those relating to the purchase, possession, and use of tobacco products. You are solely responsible for ensuring that your use of the Website, Products, and Services is lawful in your jurisdiction and for obtaining any necessary permits or approvals as required by law. Smoke-onos does not represent or warrant that the Website, Products, or Services are appropriate, available, or legal for use in any particular location. Access to the Website, Products, or Services from jurisdictions where such access is illegal or prohibited is strictly prohibited. We reserve the right to refuse or cancel orders or terminate accounts where we have reason to believe that use or purchase would violate any applicable law or regulation.
27. ASSIGNMENT
You may not assign, delegate, or transfer these Terms, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign or transfer these Terms, in whole or in part, to any affiliate or in connection with a merger, sale of assets, financing, or other corporate transaction, without notice to you.
28. CUSTOMER COMMENTS
By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to our Privacy Notice located at www.smokeonos.com/privacy.
Effective as of: December 30, 2025
Last Updated: December 30, 2025
Last Updated: December 30, 2025