TERMS & CONDITIONS
Hello there, and thanks for visiting South By Northwest Health!
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Website features or are a Registered User. We may terminate your account or these Terms at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Website as a Registered User will terminate.
AMENDMENT
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Website. Each time you use the Website you should visit and review the then current Terms that apply to your transactions and use of this Website. Your continued use of the Website after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Website, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Website. The Terms are the entire agreement between you and South By Northwest Health with respect to your use of the Website.
South By Northwest Health PRODUCTS
All accessories sold on our Site are intended for use with tobacco only and should be used strictly as intended. If you do not intend to use our products according to your state law, you may not purchase them.
Some smoking accessories may only be purchased by customers of legal age under federal, state, and local law. By browsing or purchasing any such accessory, you verify that you are of legal age.
Some smoking accessories may not be shipped to certain destinations.
We attempt to make our product descriptions as accurate as possible. However, South By Northwest Health does not warrant that the product descriptions or other content on the Site is accurate, complete, or current.
PRIVACY
You agree with the terms of our Privacy Policy.
YOUR USE OF THE WEBSITE
Users have a non-transferable, non-exclusive license to access this Website, to view information contained at this Website and to interact with the Website solely for their own personal use and not for any commercial purpose. You agree not to use the Website for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Website or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Website. Tampering with the Website, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Website are prohibited.
THIRD PARTY CONTENT AND THIRD PARTY SITES
We may provide content from third parties or links to third party sites on our Site. We don’t monitor, approve, or have any control over any third party content or third party sites and the inclusion of links to third party content or third party sites does not imply any association or endorsement of this content or these sites. You use third party content and third party sites at your own risk.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
South By Northwest Health respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the account of anyone we suspect to be an infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide South By Northwest Health's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
South By Northwest Health's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: ATTN: South By Northwest Health Copyright Agent Email: SXNWHealth@gmail.com
DISCLAIMERS
South By Northwest Health is not responsible for and makes no warranties, express or implied, as to any content on the Website, including, without limitation with respect to the accuracy and reliability of the South By Northwest Health Content, User Content or other Content posted on or through the Website, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Website, or otherwise. The User Content does not necessarily reflect the opinions or policies of South By Northwest Health. Profiles and third party applications created and posted by Registered Users on the Website may contain links to other websites. South By Northwest Health is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by South By Northwest Health. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by South By Northwest Health. When you access these third party sites, you do so at your own risk. South By Northwest Health takes no responsibility for third party advertisements or third party applications that are posted on or through the Website, nor does it take any responsibility for the goods or services provided by its advertisers. South By Northwest Health is not responsible for the conduct, whether online or offline, of any User of the Website including, without limitation, any Content posted by any User. South By Northwest Health assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Registered User communication. South By Northwest Health is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website. Under no circumstances shall South By Northwest Health be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any User Content posted on or through the Website or from the conduct of any Users, whether online or offline. Additionally, South By Northwest Health shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Website. We will not be liable to you if you are unable to access information through the Website. Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you. The Website is provided to Users “AS-IS” and as available and South By Northwest Health expressly disclaims any warranty of fitness for a particular purpose or non-infringement. South By Northwest Health cannot guarantee and does not promise any specific results from use of the Website.
LIMITATIONS OF OUR LIABILITY
In no event shall we be liable for any damage, claim or loss incurred by you, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusions or limitations of liability set forth in this use agreement are for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed one hundred U.S. Dollars ($100).
INDEMNIFICATION
You agree to indemnify and hold South By Northwest Health, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Website in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.
GENERAL
Washington laws will govern these Terms, without giving effect to any principles of conflicts of laws.
MISCELLANEOUS
The Terms will be construed, and their performance enforced, under the laws of Washington without reference to choice of law principles. Any dispute relating to the Terms or the Website may be litigated only in a court having jurisdiction and venue in Clark County for state court causes of action and in the District of Washington for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this agreement. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into the terms. The Terms are accepted upon your use of the Website or any of its features and is further affirmed upon you becoming a Registered User (if applicable). The Terms constitute the entire agreement between you and South By Northwest Health regarding the use of Website and its services and features. The failure of South By Northwest Health to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
DISCLAIMER
You agree that your use of this site will be at your sole risk. The information from the site is provided “as is.” To the fullest extent permitted by law, South By Northwest Health, its officers, directors, and employees disclaim all warranties, express or implied (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose) in connection with this site and your use thereof.
We make no representations or warranties of any kind, express or implied, with respect to the operation of the site, the information, content, materials or products, included on the site. To the fullest extent permitted by law, we disclaim all such representations and warranties.
South By Northwest Health will not be liable for any damages of any kind arising out of or in connection with the use of the site. This is a comprehensive limitation of liability that applies to all damages of any kind.