The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice

  • The term "Website" means the www.unchainedsmoker.com website and respective sub-sites.

    This Website is Operated by Unchained Smoker, LLC.

    The UnchainedSmoker.com website is operated by Unchained Smoker, LLC. The mailing address for Unchained Smoker, LLC is 12195 Highway 92, Suite 114-125, Woodstock, GA 30188.

    Your Use of This Website is Governed by These Terms and Conditions

    Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the UnchainedSmoker.com website.

    These Terms and Conditions May Change

    Unchained Smoker, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

    YOU MUST BE 18 YEARS OR OLDER TO USE ANY CIGARETTE

    YOU MUST BE 18 YEARS OR OLDER TO ORDER MERCHANDISE

    TO ORDER MERCHANDISE FROM UNCHAINED SMOKER, LLC, YOU MUST BE 18 YEARS OF AGE OR OLDER. MERCHANDISE OFFERED BY UNCHAINED SMOKER, LLC IS INTENDED ONLY TO BE SOLD TO ADULTS 18 YEARS OF AGE OR OLDER. BY PLACING AN ORDER ON THE CHECKOUT PAGE YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND ARE ATTESTING THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.  IF UNCHAINED SMOKER, LLC DISCOVERS INFORMATION HAS BEEN RECEIVED FROM AN INDIVIDUAL UNDER THE AGE OF 18 AND IN VIOLATION OF THIS POLICY, THAT INFORMATION WILL BE DELETED. IF A CHILD OR PERSON UNDER THE AGE OF 18 HAS PROVIDED OUR WEBSITE WITH PERSONALLY IDENTIFIABLE INFORMATION, WE ASK THAT A PARENT OR GUARDIAN CALL 888-248-1118 OR CONTACT US AT TONY@UNCHAINEDSMOKER.COM.

    Reviews, Comments, Submissions and Other Communications

    We welcome your reviews, comments and other communications, photos or videos ("User Content") as long as the User Content submitted by you complies with these Terms and Conditions.

    You agree that any User Content submitted by you on UnchainedSmoker.com will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Unchained Smoker, LLC rule or policy, will not violate any right of a third party, including without limitation, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on UnchainedSmoker.com will not contain obscene, profane or threatening language, and will not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.

    You are solely responsible for the User Content you submit, and Unchained Smoker, LLC assumes no liability for any User Content submitted by you. You agree to indemnify us against all claims and liabilities resulting from your User Content. You understand and agree that we do not monitor User Content, but we reserve the right to review and delete any User Content for any or no reason, including User Content that we determine in our sole discretion violates these terms, or is otherwise harmful to us, other Unchained Smoker, LLC guests or any third party.

    For any User Content that you submit, you grant Unchained Smoker, LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such content and to incorporate such content into any form, medium or technology throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant Unchained Smoker, LLC the right to include the name provided along with the User Content submitted by you.

    You must provide your actual e-mail address in order to submit User Content. Any content you submit will be routed through the Internet, and you understand and acknowledge that you have no expectation of privacy regarding User Content. By submitting your email address in connection with your rating and review, you agree that Unchained Smoker, LLC and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes; however, Unchained Smoker, LLC has no obligation to respond to any User Content.

    Colors

    We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

    Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss

    Despite our best efforts, a small number of the items on our Web site may be mispriced. As part of our shipping procedures, we verify price before an item is shipped out.

    • If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
    • If an item's correct price is higher than our stated price we will cancel your order and notify you of such cancellation via email.

    We do not offer additional discounts on large orders of a single item or on large orders of many individual items. We reserve the right to limit quantities.

    UnchainedSmoker.com sales are made by Unchained Smoker, LLC. The risk of loss and title to items pass to the purchaser upon delivery.

    Gift Certificates

    All GiftCards, e–GiftCards and other gift certificates are deemed purchased in and issued from the State of Georgia. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

    DISCLAIMERS –– GENERAL

    THE UNCHAINEDSMOKER.COM WEBSITE IS OPERATED BY UNCHAINED SMOKER, LLC, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, UNCHAINED SMOKER, LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

    WITHOUT LIMITING THE FOREGOING, UNCHAINED SMOKER, LLC DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE, ALL OF WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

    WITHOUT LIMITING THE FOREGOING, UNCHAINED SMOKER, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

    WITHOUT LIMITING THE FOREGOING, UNCHAINED SMOKER, LLC DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.

    UNCHAINED SMOKER, LLC DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

    UNCHAINED SMOKER, LLC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

    UNCHAINED SMOKER, LLC ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

    LIMITATION OF LIABILITY


    UNDER NO CIRCUMSTANCES, SHALL UNCHAINED SMOKER, LLC OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION.

    THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OR INJURY OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF UNCHAINED SMOKER, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

    IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

    APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF UNCHAINED SMOKER, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

    ENFORCEMENT OF TERMS AND CONDITIONS


    BY ACCESSING AND USING THE UNCHAINEDSMOKER.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF GEORGIA, UNITED STATES OF AMERICA.

    INDEMNIFICATION

    You shall defend and indemnify Unchained Smoker, LLC and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site (including without limitation any violation by you of this User Agreement).

    ATTORNEY'S FEES

    If Unchained Smoker, LLC or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

    INJUNCTION

    You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Unchained Smoker, LLC as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Unchained Smoker, LLC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Unchained Smoker, LLC in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

    TERMINATION

    Unchained Smoker, LLC may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Unchained Smoker, LLC and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Unchained Smoker, LLC and its third party providers or distributors, as applicable.

    ASSIGNMENT

    You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

    MODIFICATION

    Unchained Smoker, LLC may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

    SEVERABILITY

    These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

    HEADINGS

    The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

    NOTIFICATION

    All notices from Unchained Smoker, LLC to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Unchained Smoker, LLC shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:


    Delivery shall be deemed to have been made by You to Unchained Smoker, LLC five (5) days after the date sent.

    GENERAL AGREEMENT

    This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

    Last updated March 2011.

    All notices from Unchained Smoker, LLC to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Unchained Smoker, LLC shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:


    Delivery shall be deemed to have been made by You to Unchained Smoker, LLC five (5) days after the date sent.



  • Copyright

  • Copyright Notice

    All of the Content you see and hear or appears this website or on the UnchainedSmoker.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are the property of, and are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Unchained Smoker, LLC, one of its affiliates or by third parties who have licensed their materials to Unchained Smoker, LLC. The Unchained Smoker Logo and Design are registered trademarks of Unchained Smoker, LLC. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Unchained Smoker, LLC owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

    The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of this site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and and (4) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2011-2012 Unchained Smoker, LLC. All rights reserved.

    No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Unchained Smoker, LLC reserves complete title and full intellectual property rights in any Content you download from this website.

    Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Unchained Smoker, LLC.

    If you believe in good faith that materials hosted by Unchained Smoker, LLC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (DMCA) permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to Unchained Smoker, LLC, Phone: 888-248-1118, Email: tony@unchainedsmoker.com . We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.



  • Privacy Policy

  • Unchained Smoker, LLC use of personal information that you may submit to Unchained Smoker, LLC through this Web site is governed by the Unchained Smoker, LLC Privacy Policy.

    Privacy Policy

    You know and trust Unchained Smoker, LLC and we value your trust.  Unchained Smoker, LLC is committed to maintaining the security and privacy of your personal information at all times.

    We want you to know how we collect, use and protect information about our online guests. This privacy policy will tell you:

    • What information we collect.
    • How we may share information.
    • How you can limit our sharing of information.

    What information about guests do we collect?

    Information You Give Us

    We receive and may store any information you enter on our website or give to our website in any other way. For example, we collect information you provide when you place an order, register with us, send us an e-mail or call us, enter a sweepstakes, or enroll or participate in a club or service. This information may include:

    • your name.
    • your mailing address.
    • your e-mail address.
    • your phone number.
    • your credit card number.

    It may also include any other personal or preference information you provide to us.

    It may also include information you submit about other people, for example, a recipient you wish the item to be shipped.

    We will never request your password, user name, credit card information or other personal information through e-mail. This practice, called "phishing", is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond.

    Information from Other Sources

    We may receive information about you from other sources. This may help improve the personalization of our service to you by providing better product recommendations or special offers that we think will interest you.

    Automatic Information

    We receive and store certain types of information whenever you interact with our website. For example, we use "cookies" like many other websites. Through "cookies" we obtain information when your web browser accesses our website. There are utilities designed to help you visit websites anonymously. Although we cannot provide you with a personalized experience or certain services at our website if we cannot recognize you, we want you to be aware that these tools exist.

    What are "Cookies" and how do we use them?

    Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser.

    The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable cookies altogether. However, cookies allow you to take full advantage of some of our website's best features, so we recommend that you leave them turned on.

    In order to provide the best guest experience possible, we also use cookies for reporting and analysis purposes such as how guests are shopping our website, performance of our marketing efforts and your response to those marketing efforts, and the delivery of relevant marketing messages to each guest.

    We may also use cookies to manage Unchained Smoker, LLC banner advertisements displayed on other websites across the Internet.

    Does our website share information it receives?

    Carefully Selected Companies and Organizations

    We may share information with carefully selected vendors, business partners and other organizations, which are not part of Unchained Smoker, LLC. These companies and organizations may use the information we share to provide special opportunities and offers to you.

    Service Providers

    Our website may also share information with companies that provide support services to us (such as a printer, mailing house or web host) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.

    Protection of Our Website and Others

    We may disclose information you provide to our website when we believe disclosure is appropriate to comply with the law; to enforce or apply our Conditions of Use and other agreements; or to protect the rights, property or safety of our website, our users or others.

    Business Transfers

    If some or all of the business assets of our website are sold or transferred, we generally would transfer the corresponding information regarding our guests. We also may retain a copy of that guest information.

    What choices do I have?

    E–Mails

    If you provide our website with your e-mail address, you may receive e-mails from us. If you do not want to receive marketing or promotional e-mails from us, please send your request to tony@unchainedsmoker.com. You may still receive select e-mails from us if you have requested them through one of our site services such as Newsletters, Weekly Ad Reminders, Gift Reminders, or Available to Order Notifications. You can discontinue these e-mails by canceling your subscription to these services.

    Sharing with Other Companies

    We may share information with carefully selected vendors, business partners and other organizations that are not part of Unchained Smoker, LLC. These companies and organizations may use the information we share to provide special opportunities and offers to you.

    If you do not want us to share information you provide to our website with vendors, business partners and other organizations that are not part of Unchained Smoker, LLC, please send your request to tony@unchainedsmoker.com.

    More Information

    Please call 888-248-1118 or contact us at tony@unchainedsmoker.com if you have further questions about our e-mail unsubscribe process.

    What about links to and from other websites?

    Our website may offer links to other sites. Other sites have their own policies regarding privacy. If you visit one of these sites, you may want to review the privacy policy on that site. In addition, you may have linked to our website through another site. For example, in certain cases you may have linked to UnchainedSmoker.com through banner advertising on another site. In such cases the site you linked from may collect information from people who click on the banner or link. You may want to refer to the privacy policies on those sites to see how they collect and use this information.

    Application of This Privacy Policy

    This privacy policy applies to all information collected or submitted on our website.

    Children

    We recognize the particular importance of protecting privacy where children are involved. We are committed to protecting children's privacy on the Internet and we comply fully with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personally identifiable information from children under the age of 13. If a child has provided our website with personally identifiable information, we ask that a parent or guardian call 888-248-1118 or contact us at tony@unchainedsmoker.com.

    Your Consent

    By using our website, you consent to our use of information that is collected or submitted as described in this online privacy policy. We may change or add to this privacy policy so we encourage you to review it periodically. To help you track changes we will include a history of material changes at the end of this privacy policy. This history begins as of March 2011 and includes the date the privacy policy was last updated and a description of any material changes.

    Security

    Secure Sockets Layering (SSL)

    Our website uses Secure Sockets Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. Because we use SSL, placing an order online at our website is just as safe as giving your credit card number over the phone.

    Warning about Fraudulent E-mails

    "Phishing" is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through e-mail.

    Safe Shopping Guarantee

    Our security measures are designed to prevent anyone from stealing and using your credit card number. In addition, consumer protection laws protect you against the unauthorized use of your credit card. Under the Fair Credit Billing Act, if your credit card is used without your authorization, your liability for those fraudulent charges cannot exceed $50. So, if someone steals your credit card or your credit card number, your liability is limited to $50 no matter how much the thief charges to your account. If your credit card provider does hold you liable for any part of this $50, we will cover the entire liability for you, up to the full $50.

    We will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at our website while using the secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

    LAST UPDATED March 2011

    March, 2011 — Initial placement of Privacy Policy at UnchainedSmoker.com.