Terms and Conditions

Terms and Conditions

1. Introduction

Delta Smokeys strives to provide you with a great shopping experience and deliver value on our assortment of products and services. We operate the Delta Smokeys website (deltasmokeys.com), and various social media accounts (including Facebook, Twitter, Pinterest, YouTube, Snapchat, and Instagram). The Website is owned by Delta Smokeys d/b/a Delta Smokeys , and/or its parents, affiliates, and subsidiaries (collectively, "Delta Smokeys," "we," "us," or "our").

These Terms and Conditions of Use (these “Terms of Use”) apply to your use of our Sites, Apps, social media accounts, and any other Delta Smokeys-owned or controlled websites, applications, services, platforms, surveys, programs, promotions, and tools that reference or link to these Terms of Use and their corresponding features (each, a “Site,” and collectively, our “Sites”). Visitors to our Sites are sometimes referred to in these Terms of Use as “you” or “your.” By choosing to visit, shop on, research on, post on, interact with, or otherwise use our Sites, you acknowledge that Delta Smokeys has provided valuable consideration by offering the Sites free of charge, and in exchange for that consideration, you accept these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SITES. YOUR ACCESS AND/OR USE OF OUR SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS OUR SITES.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices, disclaimers, conditions, rules, or other terms located on particular pages of our Sites (the "Additional Terms"), including product sale or discount conditions, marketing or order confirmation emails or text messages, contests, sweepstakes, promotions, or other similar features. Your use of such pages confirms your unconditional acceptance of the Additional Terms. If these Terms of Use conflict with such Additional Terms, such Additional Terms will govern and apply to your use of that portion of our Sites. You understand and agree that Section 21 of these Terms of Use will apply to the Additional Terms, regardless of any conflict between the Terms of Use and the Additional Terms.

Delta Smokeys may change these Terms of Use, and all other policies governing our Sites, including with respect to privacy and usage, at any time. We will post the date that these Terms of Use and all other policies governing our Sites, privacy, and usage were last updated. Your continued use of our Sites after changes are posted means that you accept such changes. You are responsible for checking these Terms of Use and all other policies governing our Sites, including those regarding privacy and usage, every time you use our Sites and following the updated Terms of Use and policies. Changes apply from the date reflected in these Terms of Use or such other policies.

1. Accessibility

At Delta Smokeys, we are committed to making our website accessible and user-friendly for everyone. If you are having difficulty viewing or navigating the content on this website, notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, or would like assistance placing an order, please contact our Customer Care team at 888-566-1399. You can also click here to message our team, including “Accessibility” in the subject line, and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. Your feedback is valuable in helping us to improve our experiences. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. We are dedicated to always improving experiences for our customers. Additionally, while we do not have control of vendors, we strongly encourage vendors of third-party digital content to provide content that is user-friendly and accessible for all.

1. Accounts

Our Sites offer quick and easy ordering as a guest or registered user, but some features may be unavailable without an account. By creating an account, you must maintain confidentiality and accuracy of your information, accept responsibility for all activities, and immediately report any unauthorized use. Your registration is personal and non-transferable, and we are not responsible for any losses resulting from unauthorized use. Notify Customer Care immediately in case of any suspected or actual loss, theft, or unauthorized use of your account.

1. Ordering

Until the time Delta Smokeys ships your order, Delta Smokeys may modify, decline, or cancel your order placed on our Sites, or any portion thereof, even after you receive an order confirmation. We also reserve the right, at our sole discretion, to limit the quantity of items ordered, refuse service to any customer, terminate accounts, remove or edit content, prohibit sales to resellers, dealers, and similar, and/or to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. Some situations where we may cancel your order include inaccuracies or errors in product or pricing information, limited quantities, or problems with the chosen payment mechanism. We may require additional information or need to verify information before accepting your order. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. By placing an order on our Sites, you represent that the items ordered will be used, possessed and transferred only in a lawful manner.

In compliance with applicable laws, some of our merchandise offerings are only available for purchase by individuals meeting certain criteria, including but not limited to age and residency. In addition, some of our merchandise offerings may require that you complete certain relevant paperwork prior to purchase.

1. Pricing

Prices, features, content, and specifications listed on our Sites may change without notice. While Delta Smokeys strives for accuracy, errors in pricing and product information may occur. You agree Delta Smokeys is not liable for pricing or product information errors. Delta Smokeys may cancel orders for items listed at incorrect prices, but won't charge more than the listed price without consent. Different prices may apply to items sold through different sales channels. Taxes, shipping and handling fees are separate from the price and may vary based on jurisdiction, billing or delivery address, or method.

1. Payment

Delta Smokeys may change accepted payment methods at any time without notice. When you present your payment online, you guarantee that you have the right to use that form of payment. We do not accept personal checks, money orders, or cash payments for online transactions. We may require credit cards and debit cards to be issued by an institution in the United States and/or in the jurisdiction where you are located and to be linked to a billing address in the same jurisdiction. For products purchased from our Sites using a credit card, an authorization hold may be placed on your credit card when you place an order. For products purchased from our Sites using a gift card, a card authorization hold in the amount of the full purchase price will be applied to your gift card when you place the order and the value will be deducted from your gift card once a shipping label has been generated for your item, or the item is delivered to the carrier. If your gift card value is less than the value of your purchase, an additional form of payment will be required. If an order for an item purchased with a gift card is canceled, the card authorization held in the amount applicable to the canceled item will be released and the applicable funds will remain on your gift card.

1. Shipping

Shipping and handling fees (which may exceed actual shipping costs) are separate from the product price and may vary by jurisdiction or delivery address or method. When an order is placed for delivery, it will be shipped to the address you designate during the order process, as long as such shipping address is compliant with the shipping restrictions contained on our Sites.

If your order includes multiple items, certain items may ship separately resulting in partial shipments.

Please note that Delta Smokeys does not currently ship items to the states listed below, Alaska, Hawaii, U.S. territories, such as Puerto Rico, or international destinations.

• Kansas
• Idaho
• Iowa
• South Dakota
• Washington

 

1. Returns

There are no returns or exchanges on Cannabidiol products. 

1. Sites Access and Use

Delta Smokeys provides a limited license to access and use our Sites for personal purposes, but you may not download or modify them without our written consent. You cannot use our Sites for resale or commercial purposes, copy product listings, or use any data-gathering tools. Written consent is needed for any commercial use or framing of our trademark, logo, or other proprietary information. Unauthorized use ends the license. A hyperlink to our home page is allowed if it doesn't portray Delta Smokeys or our products or services in a false or offensive way. Written consent is needed to use any Delta Smokeys logo or trademark.

By using our Sites, you certify that you are at least 21 years of age and are not a resident of or located in the state of California, and that you are not a resident of or located in the European Economic Area or any other country subject to the General Data Protection Regulation (“GDPR”). If you are not at least 21, you may use our Sites only with the supervision and permission of your parent or guardian who agrees to be bound by these Terms of Use and is responsible for your actions. Misrepresenting your age as 21 or more constitutes a violation of these Terms of Use.

You agree not to do any of the following in connection with your use of our Sites: (a) violate these Terms of Use; (b) abuse your Website privileges; (c) misrepresent personal information provided to Delta Smokeys by you or anyone acting on your behalf; (d) act in a manner contrary to or in violation of any applicable local, state, federal, or other applicable U.S. or foreign law, statute, regulation, directive, or ordinance; (e) do anything damaging to Delta Smokeys' interests; (f) use or attempt to use any part of our Sites for malicious purposes like tampering, hacking, spoofing, using robots or scripts, or otherwise corrupting the administration, security, or proper function of any part of our Sites; (g) reverse-engineer, decompile, disassemble, or otherwise alter our Sites or otherwise attempt to discover the source code or structural framework; (h) access or attempt to access any part of our Sites for which you do not have authorization or an account not belonging to you; (i) collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts; (j) do anything that could create or impose an unreasonable or disproportionately large burden on Delta Smokeys, our Sites, or our IT infrastructure; (k) frame or link to our Sites except as permitted in writing by Delta Smokeys; or (l) interfere with or disrupt our Sites or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of our Sites.

Delta Smokeys reserves the right to add, change, discontinue, remove, or suspend any content displayed on our Sites, including features and specifications of products and services on our Sites, temporarily or permanently, at any time, with or without notice. You agree that Delta Smokeys will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Sites.

You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. If we suspend or terminate your access to our Sites, it will not limit any of our rights or remedies under these Terms of Use or any applicable law, and any provision of these Terms of Use that must survive such termination in order to give proper effect to the intent and purpose of the provisions herein, including without limitation Sections 12 (User Generated Content Ownership and Accuracy), 16 (Indemnification), 17 (Disclaimer of Warranties and Limitation of Liability), 21 (Claim Resolution), 22 (Class Action Waiver), 23 (Limited Time to File Claims), and 24 (Exclusions and Limitations; Consumer Protection Notice).

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.

1. Promotional Emails

We may make marketing offers by sending our periodic email messages to you. If you have provided us with your email address and have not opted out of receiving such messages from Delta Smokeys, you may receive these messages. You are not required to sign up to receive our marketing email messages as a condition of making a purchase.

You can sign up to receive periodic promotional emails on our Website.

If you no longer wish to receive periodic marketing messages, you must notify us by unsubscribing using the link at the bottom of our promotional emails, logging into your account and indicating your notification preference in your Profile, or by contacting our Customer Care team at help@deltasmokeys.com.

1. Third-Party Links and References

Our Sites may contain links or references to names, marks, products or services of third parties, or links to other Sites on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply Delta Smokeys' endorsement, sponsorship or recommendation of the third party or its information, products, or services. If you use these references or links, you may leave our Sites and you do so entirely at your own risk. Delta Smokeys is not responsible for, and does not make any representations regarding any third party's products, services, practices, policies, or website content.

1. User Generated Content

Users may publicly communicate information to Delta Smokeys through the use of our Sites, including notes on message boards, photos, artwork, suggestions, ideas, e-mails, or other similar content (collectively "User Generated Content"). Unless Delta Smokeys indicates otherwise, by your posting or otherwise publicly communicating User Generated Content to Delta Smokeys, you grant Delta Smokeys a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. You represent and warrant that you own or otherwise control all of the rights to the User Generated Content that you publicly post or otherwise publicly communicate to Delta Smokeys; that the User Generated Content is accurate; that all so-called “moral rights” in the User Generated Content has been waived; that use of the User Generated Content you publicly supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Delta Smokeys for all claims resulting from User Generated Content.

User Generated Content does not represent Delta Smokeys' views. User Generated Content is not actively monitored by Delta Smokeys. Delta Smokeys is not responsible for monitoring any message boards, chat rooms, customized gift messages, or online forums that may be on our Sites. Delta Smokeys reserves the right to remove or edit any material we deem objectionable, offensive, or inappropriate at any time. You are prohibited from posting or transmitting unlawful, threatening, defamatory, disparaging, obscene, inflammatory, discriminatory, harassing, pornographic, profane, or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, cause civil liability, or violate any applicable law. You are solely responsible for any User Generated Content you post, publish or display on our Sites or transmit to others. Delta Smokeys assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, disparagement, error, omission, inaccuracy, obscenity, pornography, profanity, or danger.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.

1. Privacy

Our Privacy Policy governs your visit to and use of our Sites and all interactions with Delta Smokeys involving personal information. Our Privacy Policy discusses how we use your personal information to fulfill your orders and requests. Please read our Privacy Policy. Our Sites are not intended for residents of or visitors from or located in countries that are subject to the GDPR.

Your use of maps within Delta Smokeys' websites may involve use of Google Maps. Your use of Google Maps is subject to the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy and any other documents referenced therein), copies of which are located at:

https://www.google.com/intl/en-US_US/help/terms_maps.html

https://www.google.com/intl/ALL/policies/privacy/index.html

Delta Smokeys is not responsible for Google’s terms and conditions and will not provide notification to you if those terms change. You are solely responsible to check Google’s terms and conditions for any updates or changes.

1. Security

Delta Smokeys cares about the security of our Sites’ users’ information and takes reasonable precautions to protect financial and personal information sent or received during your use of our Sites. Some examples of security measures we use to protect your personal information, include:

• Requiring passwords for account access, which helps to protect your account information. Please keep your account credentials, including your password, confidential.
• Encryption technology, called Secure Sockets Layer (SSL), which helps to protect personal information in certain areas of our Sites during transport across the Internet. The presence of SSL encryption may be indicated by “https” in the browser URL or the image of a closed lock or solid key in the browser window. These indications may not be present in mobile services that use SSL.

Delta Smokeys cannot guarantee that unauthorized third parties will be unable to defeat security measures and encourages you to take steps to help protect the confidentiality and security of your DeltaSmokeys.com account and personal information (see Delta Smokeys' Privacy Policy). You are responsible to let us know right away if you believe your account or login information has been compromised. This can happen if you use the same password for multiple online services and one of those services is compromised. You can find more information on privacy and security in Delta Smokeys' Privacy Policy.

1. Descriptions

Delta Smokeys aims for accurate product and service descriptions, but doesn't guarantee accuracy or completeness, as allowed by applicable law. If a product or service doesn't match the description, return it according to the Return Policy. Monitor display may affect color accuracy, and certain descriptions are approximate. Some products or services may have unique restrictions or conditions of use listed on our Sites’ page, provided by manufacturers or distributors, which you must follow by purchasing. Delta Smokeys doesn't guarantee accuracy or completeness of this content.

1. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DELTA SMOKEYS, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “DELTA SMOKEYS INDEMNITEES”) FROM AND AGAINST ANY AND ALL DIRECT OR THIRD PARTY CLAIMS, LIABILITY, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES) OF WHATEVER NATURE ARISING FROM OR RELATING TO YOUR OR YOUR CHILD’S: MISUSE OF OUR SITES, BREACH OF THESE TERMS OF USE, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, NEGLIGENCE OR WILFUL MISCONDUCT, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.

1. Disclaimer of Warranties and Limitation of Liability

OUR SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, SPECIFICATIONS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR THROUGH OUR SITES, ARE PROVIDED "AS IS" AND "AS AVAILABLE". DELTA SMOKEYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES OR THE INFORMATION, CONTENTS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OUR SITES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELTA SMOKEYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DELTA SMOKEYS DOES NOT WARRANT THAT OUR SITES, THEIR SERVERS, OR COMMUNICATIONS SENT FROM DELTA SMOKEYS ARE FREE OF MALWARE. DELTA SMOKEYS ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR MALWARE THAT MAY INFECT YOUR DEVICE(S) DUE TO ACCESSING OUR SITES OR DOWNLOADING OF ANY MATERIALS FROM OUR SITES.

DELTA SMOKEYS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR SITES, MATERIALS ON OUR SITES, OR THE PRODUCTS OR SERVICES OFFERED BY DELTA SMOKEYS OR ON OUR SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DELTA SMOKEYS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. DELTA SMOKEYS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID DELTA SMOKEYS, IF ANY, IN THE PAST SIX MONTHS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DELTA SMOKEYS WILL NOT BE LIABLE FOR ANY DEFAMATORY, DISPARAGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF OUR SITES. IN THE EVENT OF ANY PROBLEM WITH OUR SITES, OR ANY MATERIAL OR CONTENT ON OUR SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR SITES.

FOR WARRANTIES ON PRODUCTS, PLEASE REFER TO PRODUCT PACKAGING. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, DELTA SMOKEYS MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.

1. Copyright and DMCA

The contents and compilation of our Sites are the property of Delta Smokeys or other respective owners that have granted Delta Smokeys the right and license to use such material and protected by United States and international copyright laws. All Rights Reserved. All software used on our Sites is the property of Delta Smokeys or its software suppliers and protected by United States and international copyright laws.

Delta Smokeys respects the intellectual property rights of others and will investigate notices of alleged copyright infringement related to our Sites. If you believe any material accessible on or from our Sites infringe your copyright, you may request removal of that material (or access to it) from our Sites by submitting written notification to our copyright agent designated below. We will respond to properly submitted notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). When a proper notice is received, Delta Smokeys will respond by either removing access to the material or by taking down the allegedly infringing material. Under the DMCA, Delta Smokeys is required to take reasonable steps to notify the user who posted the allegedly infringing content that Delta Smokeys has taken down the material and that user is allowed under the law to send a counter-notification. If Delta Smokeys receives a proper counter-notification, Delta Smokeys will restore the relevant material and notify you of such events and provide you a copy of the counter-notification.

All notices should be sent to our DMCA Designated Copyright Agent at either of the following addresses:

By Mail:

Delta Smokeys d/b/a Delta Smokeys 

Attn: Legal - Intellectual Property (DMCA Designated Copyright Agent)

Delta Smokeys
114 E. Mulberry St.
Collierville, TN 38017

888-566-1399

By Email:

help@deltasmokeys.com

1. Intellectual Property

All content included on the Sites such as text, graphics, logos, images, audio clips, video, data, music, and other material (collectively "Content") is owned or licensed property of Delta Smokeys, its suppliers or licensors. The Content is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Sites is the exclusive property of Delta Smokeys and is protected by U.S. copyright laws. Delta Smokeys, its suppliers and licensors, expressly reserve all intellectual property rights in all Content.

1. Claims; Applicable Law

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

These Terms of Use and any policy or Additional Terms referred to herein, and any allegations, disputes, claims, concerns, questions, disagreements, or controversies against Delta Smokeys or any Delta Smokeys Indemnitee related to these Terms of Use (or any policy or Additional Terms referred to herein) or to our Sites or your use thereof, or to any products or services on our Sites (collectively, "Claims") are governed in all respects by the laws of the State of Tennessee (but not by its choice of laws provisions) (the “Applicable Law”).

If any part of these Terms of Use (or any policy or Additional Terms referred to herein) is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use and any written policies referenced herein or posted on our Sites (including the Privacy Policy) form the entire agreement between Delta Smokeys and you relating to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

No waiver by either you or us of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 20.

1. Claims Resolution

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

WE ARE AVAILABLE BY PHONE AT 888-566-1399 OR BY EMAIL AT help@deltasmokeys.com TO ADDRESS ANY CLAIMS OR CONCERNS YOU MAY HAVE REGARDING YOUR USE OF OUR SITES. WE STRIVE TO RESOLVE MOST CLAIMS AND CONCERNS QUICKLY IN THIS MANNER. YOU AND WE AGREE TO ATTEMPT IN GOOD FAITH TO RESOLVE ANY CLAIM, CONCERN, QUESTION, OR DISAGREEMENT DIRECTLY THROUGH CONSULTATION AND GOOD FAITH NEGOTIATIONS, WHICH WILL BE A PRECONDITION TO EITHER YOU OR US INITIATING A LAWSUIT, EXCEPT IN SUCH CASE WHERE WE ARE SEEKING A TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF, OR OTHER APPROPRIATE RELIEF AS STATED BELOW. ANY MATTER AND/OR CLAIM RELATING IN ANY WAY TO YOUR VISIT TO OR INTERACTION WITH OUR SITES, INCLUDING COMPLIANCE WITH THESE TERMS OF USE, WHICH IS NOT SO RESOLVED WILL BE SUBMITTED TO STATE OR FEDERAL COURTS LOCATED IN THE STATE OF TENNESSEE.

BY ACCESSING AND USING DELTA SMOKEYS' SITES, YOU AGREE THAT JURISDICTION AND VENUE FOR ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY CLAIM WILL BE IN THE STATE OR FEDERAL COURTS LOCATED IN THE STATE OF TENNESSEE.

NOTWITHSTANDING ANY PROVISIONS IN THIS SECTION 21, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE DELTA SMOKEYS' RIGHTS, WE MAY SEEK A TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF, OR OTHER SIMILAR RELIEF IN THE STATE COURTS OF THE STATE OF TENNESSEE OR THE UNITED STATES DISTRICT COURT FOR THE STATE OF TENNESSEE, AND YOU CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN SUCH COURTS. YOU AND DELTA SMOKEYS BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.

1. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that all Claims must be resolved on an individual basis, and specifically that all Claims will be brought by you individually, and not on behalf of or part of any class (a group of claimants) or any consolidated or representative legal court. You also agree that you will not participate in any consolidated, class, or representative court (whether they exist today or occur in the future) relating to any Claim arising under these Terms of Use or in connection with our Sites.

You agree that the terms of this Section 22 will apply to any Claim you may wish to assert against Delta Smokeys or any Delta Smokeys Indemnitee.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 22.

23 . Limited Time to File Claims

Any Claim you may have must be made to Delta Smokeys within one (1) year after the event giving rise to the Claim. If a Claim is not made to Delta Smokeys within one (1) year, then you agree that you are not permitted to bring that Claim.

SEE SECTION 24 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 23.

1. Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence.

If you are a New Jersey resident or otherwise have rights under New Jersey's consumer protection laws, the terms of Sections 9, 11, 12, 16, 17, 18, 21, and 22 do not limit or waive your rights under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Delta Smokeys reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

Must be of legal age

You must be 21 years of age or older to purchase Cannabidiol products.