We reserve the right to terminate your access if we at any time discover any error or omission in the information that you or Client (if applicable) provide to us, or if you or Client are in breach of the terms hereof.
BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER.
2. Website Access
There is general access to the public pages of the Website, and there is also access to accounts protected by User ID and Password, obtained by registration. We and/or third-parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions available through the Website. Your User ID, Password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Website.
You are permitted to make Submissions, are responsible for all of your Submissions and, you agree to do so solely for lawful purposes and in compliance with all applicable laws and the terms hereof. You expressly agree that we have no responsibility for or control over the Submissions. We make no representation that your use of the Submissions will comply with applicable laws or that they were designed to comply with the applicable laws. For example, many states regulate advertising and you are responsible for ensuring that your use of the Website, complies with laws applicable to you. You also expressly agree that you will not submit any material that: (1) is fraudulent, defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright, trademark, trade secret, or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Website. You further expressly agree that you will not: (a) after receiving warning, continue to submit material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Website, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (g) interfere with another User’s use and enjoyment of the Website.
We do not and are not responsible for screening or monitoring your Submissions. If notified by one of our Users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that fails to conform to this Agreement, in the sole opinion of PuroTrader. We reserve the right to edit or delete any material posted on our Website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the Submissions. We also do not endorse any opinions expressed in Submissions. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUBMISSIONS AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
You hereby grant to PuroTrader and all other persons or entities involved in the operation of this Website and the foregoing accept, the right to receive, transmit, monitor, retrieve, store and use your Submissions, including information which may be privileged and confidential under applicable state and federal laws, in connection with the operation of our Website. You hereby grant to PuroTrader and we accept a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit as Submissions by all means and in any media now known or hereafter developed for any use or purpose.
4. Website Availability.
PuroTrader cannot guarantee the quality or the availability of the Website at all times. Your reliance upon and/or use of the availability of the Website is solely at your own risk.
5. Identity of Addressees.
PuroTrader recognizes that the identity of the addressees where deliveries are made may be confidential information of Client, if such information is treated as confidential by Client. PuroTrader will not intentionally disclose same to third parties without the prior approval of Client.
6. Maintenance of Records.
You agree to retain records relative to your use of the Services in accordance with all applicable laws and sound business practices and to allow our access to such records as is reasonably necessary to ensure your compliance with this Agreement and applicable law during normal business hours upon reasonable advance prior notice. We are only a service provider, not a system of record. Therefore, we are not responsible to store or back-up data or other information as otherwise required by law for systems of record. You agree to print and retain any copies of orders you may need for your record-keeping purposes.
7. Security of Transmissions, Submissions, Content.
Users should be aware that transmissions over the internet to the Website are not secure. The information housed on the system consists of Submissions, and Content. While PuroTrader does use encryption for credit card transactions, no security is absolute or guaranteed. You agree to take all additional steps necessary to ensure that your Submissions comply with the law and this Agreement. You agree that it is your responsibility not to send any Submissions into the Website which would violate applicable law, including incomplete, inaccurate, false, fraudulent or defamatory information, text, designs about any person, business or the Products.
8. Purchase of Products and Terms of Sale.
Age Verification. Purchase of Products is limited to Clients aged 21 and over. Additionally, all Clients represent and warrant that they are of legal age to purchase and/or possess tobacco products in the jurisdictions in which they are located and to which products are delivered. We reserve the right to require additional confirmation of age and identification of any purchaser. This may include but not be limited to requiring a faxed legible photo identification showing Client’s age, name, address and photo. This may include but not be limited to state issued driver’s license or other identification. Certain states currently require this including Alaska, Alabama, New Jersey, and Utah. Products containing tobacco may be shipped “AGE SENSITIVE ADULT SIGNATURE REQUIRED”, and marked “AGE SENSITIVE RECIPIENT MUST BE 21”.
Address Verification. All billing address information provided by you must match up in our AVS with that of the cardholder. If this does not match, your order may be held until this is resolved of until you provide a matching address.
Effect of Manual Review on Orders. Manual review may delay the shipment and delivery of Products ordered by you, and any such delay is not the responsibility of PuroTrader.
Products. Products are not intended for resale.
Our Privacy Statement can be found at https://www.purotrader.com/terms_of_service. The Privacy Statement is incorporated herein by this reference and made an integral part hereof.
10. Disclaimer of Warranties Concerning Website, Content, Services.
When using this Website, information will be accessed by you over a medium that is beyond our control and that of our licensors. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website.
You are responsible for ensuring that your use of the Website complies with all laws directly or indirectly applicable to you or Client.
WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR OUR SERVICES.
THIS WEBSITE, ITS CONTENT, AND SERVICES AND ACCESS ARE PROVIDED ON AN "AS IS” BASIS. PUROTRADER AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. Specifically, PuroTrader and its licensors make no representations or warranties regarding the (i) accuracy, completeness, currentness or timeliness of the Content, including typos on the Website, (ii) links provided on or through the use of this Website or by PuroTrader, or (iii) the quality and security of Service, or inability to access the Services, Content or Website, including whether the Website will be free of viruses, unauthorized code or other harmful components. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PUROTRADER, ITS SUPPLIERS, AND ITS LICENSORS. ACCORDINGLY, PUROTRADER ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
PuroTrader HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE
12. Limitation of Damages.
You agree that PuroTrader has the right to receive, transmit, monitor, retrieve, store and use your Submissions, including information which may be privileged and confidential under applicable state and federal laws, in connection with the operation of the Website, and shall not be liable to you or Client for such use.
13. Ownership and Use of Content.
All PuroTrader web site design, text, graphics and the selection and arrangement thereof are copyrights of PuroTrader, LLC; All Rights Reserved.
All authorized use is further subject to your agreement not to obliterate, change, or remove the proprietary notices that are contained in the Content, such as the copyright notice: "Copyright 2013 PuroTrader. All Rights Reserved."
PuroTrader, its Website images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of PuroTrader and may not be used by others without prior written permission of PuroTrader. All use thereof inures to the benefit of PuroTrader. All other trademarks, product names and company names or logos cited in this Website are the property of their respective owners.
15. Advertisements and Links to Other Websites.
Any link (including a hyperlink, button or referral device of any kind) used on this Website is provided for your use and convenience. The appearance of a link on this Website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third- party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. We do not endorse any product that may be advertised on our Website.
16. Links to Our Website; Advertising.
Links into our Website must be by prior written approval of PuroTrader. No other links into our Website are permitted.
Unless they have prior written permission from us to do so, third-parties (i) are not permitted to advertise in any way that suggests that we have any relationship or affiliation with a third-party website or that we endorse, sponsor or recommend the information, products or services on such website, (ii) cannot use any of our names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial matter, and (iii) cannot use any of our names, logos, designs, slogans, product trademarks or service marks, or any other words or codes identifying our Website, in any "metatag" or other information used by search engines or other information location tools to identify and select websites.
18. No Extraterritoriality.
We are based in Virginia, in the United States of America. We make no claims that the Content is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America, or that any Submissions can be lawfully sent or received outside of the United States of America. Access to our Website, the Content and creation of certain Submissions may not be legal by certain persons in certain countries, and the Products may not be lawfully purchased in some other jurisdiction. If you access this Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
19. Jurisdiction and Other Issues.
The headings of the various sections of this Agreement have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of this Agreement.
20. Complete Agreement.
Thank you for using our Website. We hope you find it helpful and convenient to use! Questions or comments regarding this Website should be directed by electronic mail to email@example.com
What Information Do We Receive?
PuroTrader may from time to time receive Submissions from Users of the Website that could include personal information such as the User’s name, address, email address, written statement. These Submissions are not encrypted and, except as expressly stated herein, PuroTrader is not responsible for protecting the confidential nature of this information.
PuroTrader also receives on-line orders which are received into the encrypted area, using the industry standard, Secure Socket Layer (SSL) encryption.
Like many websites, PuroTrader will place a “cookie” on the browser of your computer, and it uses session cookies. A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once you close your browser, the cookie simply terminates. PuroTrader uses "cookies" for the purposes of enhancing the performance of its website, allowing customized features of the website to perform properly for each User and tracking pages which are being hit and by whom. Cookies are necessary for the proper functionality of PuroTrader.
Do We Disclose Information We Collect?
Except as set forth in this section, we will not disclose to any unaffiliated company any of the Submissions. Any information provided to entities affiliated with us will be treated in accordance with this Privacy Statement. We will consider, and may release, Submissions to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order.
The Website employs passwords and user names in the registered area, and if you are a User of such functions, then we will use user names and passwords to analyze trends, administer our website, and track the movement of our Users. We also gather broad information about use of our website that is aggregated for our internal use, and we may provide this information to third parties ("Aggregate Information"). For example, we might inform third parties regarding the number of Users of our site and the activities they conduct while on our site.
PuroTrader does not compile, buy, sell, rent or trade consumer mailing lists. Information provided by you to us may be used by us for future marketing and educational efforts directed to you.
We may from time to time seek to have our site certified by independent certification organizations. Such certifications may require an audit of our website, including your Submissions and the Aggregate Information. We will require that each such certification organization not further use or disclose these for any purpose other than auditing this website for compliance with its certification qualifications. Of course, we cannot guarantee their compliance with our requirements.
How Do We Protect Certain Information?
Our goal is to eliminate the possibility of unauthorized access to and use of PuroTrader's Website. Our staff must abide by our Privacy Statement and those who violate it are subject to disciplinary action, up to and including termination of employment.
We will store all Submissions and Aggregate Information in our database and/or on the database of the host of PuroTrader for a period of time reasonable enough to ensure that the information remains current. We will purge Submissions when we believe that they are no longer valid or current.
Can Children Use This Website?
This Website may not be used by individuals under the age of 18. We comply with the Children's Online Privacy Protection Act and do not knowingly collect personal identifiable information from anyone under the age of 13. Also, we comply with laws preventing the sale of tobacco products to individuals under the age of 18. If you are under 18 years of age, you may not use this Website.
What Are Your Privacy Choices?
You may choose not to create and submit Submissions.
Our website may contain links to other websites. PuroTrader is not responsible for the privacy practices of such other websites. We encourage our Users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Statement applies to Aggregate Information and Submissions.
We use the industry standard, Secure Socket Layer (SSL) encryption, to ensure our on-line ordering process is fully secured for credit card transactions. You will know you are in the encrypted area when you see a solid key when using Netscape Navigator or a closed lock when using Internet Explorer.
I am responsible for compliance with all laws, statutes, ordinances and regulations that apply to the sale, purchase, shipment, transportation, delivery, receipt, possession, distribution, and importation of tobacco products. Such laws, statutes, ordinances and regulations may include, but are not limited to, requirements regarding age verification, disclosures, packaging and labeling, shipping, registration and reporting, payment and collection of taxes or fees, and licensing. I am responsible for identifying or interpreting any applicable laws or regulations and for complying with them. I acknowledge and agree that this function is exclusively my responsibility and not PuroTrader’s responsibility. I will not use this website for any activities that violate any law, statute, ordinance or regulation. I certify that I am of legal age to possess tobacco products in the jurisdiction in which I reside.
CALIFORNIA PROPOSITION 65 Warning – This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.