Last updated February 16, 2021
1. GENERAL STATEMENT ON ACCEPTANCE OF TERMS
These Subscription Terms & Conditions (hereinafter, the “Terms”) are a legally binding agreement made between you, or (if applicable) the corporate entity you represent (“you” or “your”) and MMKK Ventures, LLC (d/b/a Smoke Cargo) and its applicable affiliate that owns or operates the applicable websites or provides the applicable services that you may be accessing or using (“Company“, “we”, “us”, or “our”) (each, individually, a “Party” and collectively, the “Parties”).
Your acceptance of the Terms is an express condition of, and governs your access to and use of the Company’s (a) websites, portals, mobile applications, channels, and software, including but not limited to www.smokecargo.com, social media pages and channels (collectively, the “Sites”); (b) any services, features, media, functions, content, tools, and links contained or offered in the Sites (collectively, the “Services“); and (c) if applicable, mobile applications (“Apps”). You agree that by accessing the Sites, you have read, understood, and agreed to be bound by these Terms. If you do not accept and agree to these Terms, you may not use the Sites or Services, you may not create an account or user profile, if applicable, and must discontinue use immediately.
2. Registration, Membership, and Product Sales
As a registered User of the Company, you agree to receive emails promoting any special offer(s), including third-party offers. The Company may, from time to time, send you a newsletter. You may opt-out from receiving special promotions or our newsletter by emailing [email protected] or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
3. Subscription Delivery
As a Subscription member, the Company will ship you a package with a different selection of items on a regularly scheduled basis according to your Subscription term, that may consist of a selection from rolling papers, wraps, rolling accessories, glass pipes, or other smoking-related items (collectively, “Products”). With each renewal of your subscription, the selection of Products may change. Accordingly, the Company cannot guarantee that certain Products available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED WITH EACH RENEWAL ORDER.
4. Billing and Payment
The price of the Service, Subscriptions, and/or Products is payable in full before delivery. We currently accept the following credit cards: Visa, MasterCard, American Express, or Discover (please check our Shipping & Return Policy). You will automatically be charged according to your Subscription period and term for your ongoing Subscription (each, a “Subscription Period”). If you have committed to a Subscription Period lasting longer than one month (e.g., a three-month plan), you will automatically be charged each month during the applicable Subscription Period, even if you have canceled your Subscription prior to the end of that Subscription Period. Further, unless you cancel your Subscription prior to the end of your then-current Subscription Period, at the end of that Subscription Period, your Subscription will automatically renew for an additional subscription period of the same amount of time.
For your convenience and continuous Subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing Subscription, you authorize us to continue billing the credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.
We use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant the Company the right to store and process your information with the third party payment service, which it may change from time to time; you agree that the Company will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service. You acknowledge that we may change the third-party payment processors and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Billing and Payment are also subject to our Terms & Conditions.
5. Shipping and Risk Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order for customers in the contiguous 48 states. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify the Company within ten (10) days of the date of receiving your purchase, if you believe all or part of your order is missing or damaged.
Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
6. Returns, Exchanges, and Refund Policy
The Company does its best to process and ship orders quickly. Please note that once an order is placed, the Company may not be able to modify your shipping method.
If a product is defective, you may return it within ten (10) days of receipt and we will send you a new item or issue a refund once we receive the item and prove it defective. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the website. All refunds are subject to our shipping, return and exchange policies stated on our Shipping & Returns page. Refunds are at the sole discretion of the Company.
The Company is not responsible for any shipping issues from User errors during checkout for packages that are lost/stolen during transit. If the package was lost/stolen, you are responsible to contact the shipping carrier and file a claim within thirty (30) days of the said delivery date. If the address is wrong and already shipped out, you will need to contact the shipping carrier to have the package sent back to us, and then we will reship it out when you provide the correct address.
7. Local Taxes
You may be charged local sales tax or VAT, if applicable.
8. International Access
These Sites may be accessed from countries other than the United States. This Site and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such Products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
9. Subscription Cancellations
We work hard to make your Subscription satisfying; however, you may cancel your ongoing Subscription by emailing us at [email protected]. You must cancel your Subscription before the end of your then-current Subscription Period.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
All cancellation requests received after the first day of the Subscription Period will apply to the following Subscription Period.
10. Subscription Termination by the Company
The Company may terminate any User’s Subscription or access to our Sites or Services, including access to any online discussion forum or chat room, if any, in our sole discretion, for any reason and at any time, without prior notice. It is our policy to terminate Users who violate these Terms, as deemed appropriate at our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Site or Services.
11. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
12. Dispute Resolution
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The Parties agree that these Terms shall be governed in accordance with the laws of the State of Arizona, United States of America. The Parties agree that any controversy, claim or dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate (except at the option of either Party for any application for injunctive relief) shall be finally settled by arbitration in Maricopa County, Arizona under the rules of the American Arbitration Association (“AAA”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org, before one arbitrator and judgment upon the award rendered may be entered in any court having jurisdiction, except where otherwise required by the applicable AAA rules or applicable law. The arbitration provisions of these Terms shall be interpreted according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the U.S. District Court for the District of Arizona. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY. The Parties may mutually agree upon any procedure for appointing the arbitrator and shall inform the AAA administrator as to such procedure; however, if within forty five (45) days after the commencement of arbitration, the Parties have not mutually agreed on a procedure for appointing the arbitrator or have not mutually agreed on the designation of the arbitrator, the AAA administrator shall unilaterally appoint and designate the presiding arbitrator. If a Party fails to file a statement of defense within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, or if a Party, duly notified, fails to appear at a hearing without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration. Additionally, if a Party, duly invited to produce evidence or take any other steps in the proceedings fails to do so within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed to make the award based on the evidence before it.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing Party. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Maricopa County, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (“UCITA”) are excluded from these Terms.
In no event shall any Dispute brought by either Party related in any way to the Sites or Services be commenced more than three (3) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Class Action Waiver
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
13. Choice of Law; Venue
The laws of the state of Arizona, excluding Arizona’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any of the Sites or Services. All claims arising out of or relating to these Terms or any of the Sites or Services will be litigated exclusively in the federal or state courts of Maricopa County, Arizona, and you and the Company consent to personal jurisdiction in those courts.
To the extent you are located in the United States, if any provisions of these Terms are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and the Company. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and the Company.
15. Entire Agreement; Assignment; Joint Ventures
16. Contact Us
ATTN: Legal Department
4602 E. Elwood St. #12
Phoenix, AZ 85040
Phone: +1 (888) 420-0721