TERMS OF SERVICE

This website (the “Site”) is operated by BLACK BUFFALO INC. Throughout the site, the terms “we”, “us” and “our” refer to BLACK BUFFALO INC. BLACK BUFFALO INC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You can view this provision by scrolling to the section titled “Arbitration” at the end of these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, replace or terminate all or any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 21 years of age or the age of majority in your state or province of residence, whichever is greater.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. YOUR STORE ACCOUNT

Only one account may be set up per person. We can only discuss account queries (for example, but not limited to: order tracking and/or warranty queries, shipping update requests) with the billing addressee. We reserve the right to deactivate any account holder who sets up a duplicate account, and we reserve the right to refuse any orders placed by persons holding more than one account in their name. 

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password. Black Buffalo only sells to adult smokers and users of tobacco products over the age of 21, and who own and can purchase with a credit card. If you are under 21 years of age, Black Buffalo and its affiliates will refuse service, terminate all of your accounts, remove or edit content, and cancel orders immediately.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

You understand that there might be some variation in flavor and experience among the products offered on the Site. Certain of our products may not be available for purchase or delivery to certain locations. Black Buffalo reserves the right to change quantities available at any time, even after you place an order. Furthermore, there may be occasions when we confirm your order, but subsequently learn that we cannot supply the product to you. In the event we cannot supply a product you ordered, we will cancel the applicable part of your order and refund the relevant part of the purchase price.

Furthermore, we reserve the right, but are not obligated, to limit the sales of all or any portion of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. OFFER CODES AND DISCOUNTS

Offer codes cannot be redeemed after an order has been placed, and only one offer code may be used per order. Due to regulations, offers and discounts may not be available for orders shipping to certain locations.

8. HERD REWARDS

The terms and conditions governing our Herd Rewards program can be found here. The Herd Rewards Terms and Conditions are in addition to, and do not replace, these Terms. In the event of any conflict between the Herd Rewards Terms and Conditions and these Terms, these Terms shall govern.

9. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

10. AGE VERIFICATION

Black Buffalo’s nicotine products are designed strictly for adult recreational use. They are not intended for anyone who is below the legal smoking age in their jurisdiction.

We use third-party age verification systems in accordance with federal and state law. If necessary, we reserve the right to ask for identification. You must be of legal smoking age in the locality in which you reside in order to purchase products from this Site.

When you cannot provide a Social Security Number or credit card or billing address verification is unable to match you to our third-party database, then your order will not be accepted.

Please note that certain states legally require you to pass third-party verification and upload an ID for review.

We reserve the right to use any personal information provided by you to carry out and conduct relevant age verification checks. As part of checks made, we may utilize third-party age verification services, data from various credit reference agencies, the electoral roll, and other databases or agencies.

11. TAX

Items sold by Black Buffalo are subject to sales/use and/or excise tax in select states in accordance with the applicable laws of each state. Certain states require the purchaser to file a sales/use and/or excise tax return and pay the tax on online purchases made from out of state. It is your responsibility as the purchaser to check your state and local tax laws and to comply with their requirements. Where required, we will charge the applicable taxes and remit them to the applicable authority.

12. ORDER ACCEPTANCE

You agree that Black Buffalo may, in its sole discretion, refuse or cancel any order and limit order quantity. Black Buffalo may also require additional information prior to accepting or processing any order. Once we receive your order, we’ll provide you with an emailed order confirmation. Note, however, that your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Black Buffalo reserves the right at any time after receiving your order to accept or decline your order for any reason or for no reason at our sole discretion. If we cancel an order after you have already been charged, we will refund the charged amount.

13. SHIPPING

Terms relating to shipping can be found in our Shipping Policy which can be viewed here. We try to ship all orders placed before 12pm CST Monday through Friday on the same day via the selected delivery service. However, shipping options and dispatch dates may be subject to change even after you’ve placed your order. We reserve the right, in our absolute and sole discretion, to use an alternative delivery service from the one you selected at no additional cost to you.

We cannot be held responsible for a delivery once it has been picked up by the carrier or for delays within the carrier's network. Please understand that shipping time estimates given in our during checkout are used as a guide to help you, but we cannot offer refunds or compensation if these estimates are not met.

Incorrect Shipping Details

It is the responsibility of the customer to enter the correct delivery address details at the time of ordering. If the customer enters the incorrect or incomplete address and goods are delivered to the wrong address, we are under no obligation to issue a refund or send replacement goods. If goods are returned to us because they have been sent to the wrong address, we are not obliged to re-send them at our expense; however, a refund may be offered less the postal expense. If you notice that you have provided the incorrect or incomplete details, please contact us as soon as you can.

Risk of Loss and Items Lost in Transit

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

If the carrier has been unable to deliver your parcel within 20 business days from the date of dispatch, we may, in our sole discretion, re-ship your order.

If the carrier has marked your order as delivered but you have not received it, then you must let us know within 5 business days of the delivery date, and we may, at our sole discretion, re-ship your order. Outside of this time frame, Black Buffalo cannot be held responsible for your package.

Re-Shipping

Re-shipping orders is in our sole discretion. All re-shipped orders must be sent to the original shipping address given.

If a package is returned to sender because the carrier could not collect an adult signature and proof of ID, then Black Buffalo reserves the right to re-ship a replacement order only after the original package has been returned to us and processed.

14. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

15. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

17. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. We may submit your personal and order information to governmental authorities where required by law or regulation.

By using the Site, you represent that you have read and consent to the terms of our Privacy Policy, by which you agree to be bound as a condition to using the Site. We may revise the Privacy Policy at any time, and the new version will be made available on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop your use of the Site.

18. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

19. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

20. TRADEMARK AND COPYRIGHT

Black Buffalo is a registered trademark Black Buffalo Inc. Unauthorized use of any Black Buffalo trademark, service mark or logo is a violation of federal and state trademark laws. The Site and the content made available through the Site are protected by U.S. and international copyright laws. Except for your use of the content as expressly permitted by these Terms, you may not use, modify, reproduce or distribute any of the content, design or layout of the Site, or individual sections of the content, design or layout of the Site without our prior written permission, including, but not limited through the use of deep-linking and/or framing.

All content included on this Site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of the information on this Site may be copied or reproduced in any form, or by any means, without prior written permission from Black Buffalo. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this Site or any Black Buffalo publication for any public, private, or commercial purpose.

21. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BLACK BUFFALO INC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

22. INDEMNIFICATION

You agree to indemnify, defend and hold harmless BLACK BUFFALO INC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

23. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

24. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

25. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

26. ARBITRATION

Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Black Buffalo. For any dispute with Black Buffalo, you agree to first contact us via email and attempt to resolve the dispute with us informally. 

Arbitration. In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, you and Black Buffalo each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, your use of the Site, or your purchase or use of purchased from Black Buffalo (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Black Buffalo for injunctive or other equitable relief as provided below).

JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Chicago, IL, unless you and Black Buffalo agree otherwise. If you are an individual using products or services provided by Black Buffalo, or the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 27 below. 

Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained products or services provided by Black Buffalo or used the Site for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Black Buffalo agrees otherwise, the arbitrator may not consolidate more than one person's claims. 

You agree that, by entering into this agreement, you and Black Buffalo are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

27. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to principles of conflict of laws.

Exclusive venue for any action to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Chicago, IL. You agree that Chicago, IL, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 26 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.

You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Chicago, IL. You agree that: (i) the Site and products and services provided by Black Buffalo shall be deemed solely based in Chicago, IL; (ii) the Site and Black Buffalo services shall be deemed passive ones that do not give rise to personal jurisdiction over Black Buffalo, either specific or general, in jurisdictions other than Chicago, IL, and (iii) subject to the arbitration provision set forth in Section 26, any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be subject to the exclusive jurisdiction of the federal and state courts in Chicago, IL.

28. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

29. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@blackbuffalo.com.