All trademarks, service marks, and logos are owned by UpToke and you may not copy or use them in any manner without the written consent of UpToke.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site, you agree to obey the law and to respect our intellectual property rights. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of our copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of our rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or our rights rests solely with you.
UpToke has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. UpToke has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of UpToke, or otherwise violated any intellectual property laws or regulations. UpToke’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want UpToke to delete, edit, or disable the material in question, you must provide UpToke with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit UpToke to locate the material; (d) information reasonably sufficient to permit UpToke to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to UpToke’s designated agent at: UpToke LLC PO Box 174 Berkeley, CA 94701
NO OUTSIDE WARRANTIES
UPTOKE HEREBY DISCLAIMS ALL WARRANTIES, EXCEPT FOR WARRANTIES ON PRODUCTS SOLD ON THE SITE. UPTOKE IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPTOKE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. UPTOKE DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
UPTOKE’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UPTOKE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS PROVIDED TO YOU BY UPTOKE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
The products sold on the Site are intended only for legal use. It is your responsibility to make sure the use of our products is legal where you reside. If you intend to use our products for tobacco, you must be as old as the legal tobacco smoking age in the state where you reside. UpToke imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packetheader or any part of the header information in any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by UpToke in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site are: Copyright ©2013 UpToke, PO Box 174 Berkeley, CA 94701. All rights reserved.
CALIFORNIA USE ONLY
The Site is controlled and operated by UpToke from its offices in the State of California. UpToke makes no representation that any of the materials to which you have been given access are appropriate for use in other locations. Your use of or access to the Site should not be construed as UpToke’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.