Conditions of Use

Big Oak Smoke Shop and or its affiliates (Big Oak) provide website features and other products and services to you when you visit or shop on our site. By using this site, you agree, on behalf of yourself and any and all others who use any feature, product, or service under your account, to the following conditions. 

Privacy

Big Oak is committed to respecting the privacy of the Personal Data (as defined in our Privacy Policy) of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use, and disclose the Personal Data of those individuals who visit this website. Please see our Privacy Policy for further information.

Big Oak does not knowingly or intentionally collect Personal Data from minors. This Website is directed at and intended to be used solely by adults acting on behalf of the legal entity they represent.

You represent and warrant to Big Oak that you have made all disclosures and received all consents from any third-parties, including without limitation, end-users and consumers, that may be legally required to provide their information to Big Oak . You hereby grant us a non-exclusive, non-transferable, royalty-free, worldwide right to use the electronic data specifically pertaining to you and/or your users that is processed through the Website in accordance with our Privacy Policy. 

Electronic Communications

When you use this site, or send emails, or other communications from your computer or device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, push notices, or notices and messages on this site, and you can retain copies of these communications for your records. 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. 

Site Access and Accounts

Subject to your compliance with these Conditions of Use and any service agreements, and your payment of any applicable fees, Big Oak grants you access to this site and its features. This access does not include any resale or commercial use of any Big Oak  service; any collection and use of any product listings, descriptions, or prices; any derivative use of any Big Oak service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Big Oak or its licensors, suppliers, or other content providers. You may not misuse Big Oak services. You may use Big Oak services only as permitted by law. Access granted to you by Big Oak terminates if you do not comply with these Conditions of Use or any Service Terms. 

Access to Big Oak's services will be granted through your own Big Oak account, and you will be required to log in and have a valid payment method associated with your account. Your account access will be granted in the form of username and password. The access we provide is for your use solely. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account at all times, and you agree to accept responsibility for all activities that occur under your account or password. Big Oak reserves the right to refuse service, terminate access, remove or edit content, or cancel orders in its sole discretion. 

During the registration process we will collect Personal Data that may include (but is not limited to) individual names, email addresses, passwords, business addresses, or business registration information. Your information may be used by us: 

• To verify your eligibility to create and to maintain your Account and to use features of the Website limited only to registered users;
• To ensure that your account, including your email, is unique; 
• To protect ourselves and others from abuse;
• As permitted by our Privacy Policy

All of the information that you provide to us or that we collect from you in connection with your use of the Website will be governed by these Conditions of Use and our Privacy Policy. You agree at all times to:

1. Provide accurate, current, and complete information about yourself.
2. Maintain and update information (including your email address) to keep it accurate, current, and complete. 
3. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we may terminate your Account and your ability to use this Website and, in our sole discretion, to report you to the appropriate authorities. 

You agree to notify us immediately of any unauthorized use, theft, or misappropriation of your account, username, or password. 

Risk of Loss

All purchases of physical products from Big Oak are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 

Product Descriptions

Big Oak attempts to be as accurate as possible. However, Big Oak does not warrant that product descriptions or other content on this website are accurate, complete, reliable, current, or error-free. If a product offered by Big Oak is not as described, your sole recourse is to return the item in unused condition. 

Return Policy

All sales are final. Claims of damaged or defective items must be reported within 2 business days of delivery to receive credit or replacement. 

Disclaimer of Warranties and Limitation of Liability

This site and all information, content, materials, and other services included on or otherwise made available to users are provided by Big Oak on an “as is” and “as available” basis, unless otherwise specified in writing. Big Oak makes no representations or warranties of any kind, express or implied, as to the operation of this site, or the information, content materials, or other services included or otherwise made available, unless otherwise specified in writing. Users expressly agree that their use of this site is at their own risk. 

To the full extent permitted by applicable law, Big Oak disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. Big Oak does not warrant that this site, information, content, materials, products, or other services included or otherwise provided to users through this site, our servers, or electronic communications sent from Big Oak are free of viruses or other harmful components. The the full extent permissible by law, Big Oak will not be liable for any damages of any kind arising from the use of this site, or from any information, content, materials, products, or other services included or otherwise available through this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. 

While we endeavor to keep downtime to a minimum, we do not guarantee that this Website will be uninterrupted. We reserve the right to interrupt/ suspend this Website, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Website. 

Linked Websites

This Website may provide links to third party websites for your convenience only, including, without limitation, links to third parties that sell our products and social media sites such as Facebook and LinkedIn. The inclusion of these links does not imply that Big Oak monitors or endorses these websites of their respective practices. Big Oak does not accept responsibility for such websites. Big Oak 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 the use of or reliance upon any information, content, goods or services available through any third party website or linked resources. These Conditions of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites. 

Jurisdiction

By using this site, You agree that the laws of the county of St. Louis and the state of Missouri will govern these Conditions of Use and any disputes arising between You and Big Oak . You also agree that any dispute or claim relating in any way to your use of any Big Oak service will be adjudicated in the state or federal courts of St. Louis County, Missouri, and You consent to exclusive venue in these courts. We each waive any right to a jury trial. 

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your use of Big Oak's services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Not for Children

The Website is intended solely for use by individuals 21 years of age or older and thus is not directed to children under 21 years of age. Big Oak does not knowingly solicit or collect Personal Data from children under 21 years of age. 

Revisions and Updates to Conditions of Use

Big Oak may from time to time revise our Conditions of Use Statement in its sole and absolute discretion to reflect changes in our business practices or new disclosure requirements under applicable laws. If we revise our Conditions of Use Statement, we will notify you by posting the updated Conditions of Use Statement on this Website and/or by sending you a notification by email, as required by applicable laws. Changes to this Conditions of Use Statement will become effective and will apply starting on the date Big Oak posts the revised Conditions of Use Statement on the Website. If we are required by applicable laws to seek your consent to any changes, then we will do that. 

Questions & Contact Information

If you have any questions or concerns about this Conditions of Use Statement, the privacy practices of Big Oak, our collection or use of your Personal Data, or you wish to exercise privacy rights with respect to your Personal Data, please contact us at [email protected]. You can also make a request about your Personal Data by calling (314) 472-2233.