Terms & Conditions

BINDING EFFECT

This is a binding agreement between the user of this website (the “Site”) and UpToke. By using this Site you agree to abide by these Terms of Use, as they may be amended by UpToke from time to time in its sole discretion. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

 

TRADEMARKS

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.

 

COPYRIGHT INFRINGEMENT

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

 

ALLEGED VIOLATIONS

UpToke reserves the right to terminate your use of the Site. To ensure that UpToke provides a high quality experience for you and for other users of the Site, you agree that UpToke or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of rights, or other unauthorized uses of the Site. UpToke does not intend to disclose the existence or occurrence of such an investigation unless required by law, but UpToke reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if UpToke believes that you have violated any of the Terms of Use, furnished UpToke with false or misleading information, or interfered with use of the Site by others.

 

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.

 

LIMITED LIABILITY

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.

 

PROHIBITED USES

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.

 

INDEMNITY

You agree to indemnify UpToke for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless UpToke, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. UpToke will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

COPYRIGHT

All contents of Site are: Copyright ©2013 UpToke, PO Box 174 Berkeley, CA 94701. All rights reserved.

 

GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alameda County, California, USA in all disputes arising out of or related to the use of the Site.

 

SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

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.

 

MODIFICATIONS

UpToke may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site; and (c) discontinue the Site at any time. UpToke shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

ACKNOWLEDGEMENT

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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