Terms of service

TERMS OF SERVICE

 

OVERVIEW

This website is operated by Holladaze, LLC ("Holladaze"). Throughout the site, the terms “we”, “us,” and “our” refer to Holladaze. Holladaze 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 “Services” and agree to be bound by the following terms and conditions (collectively, the “Terms of Service” or “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 set forth in these Terms of Service, 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. 

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 or replace 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 by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. 

 

USE OF OUR SITE IS LIMITED TO PERSONS WHO ARE 21 YEARS OF AGE OR OLDER. IF YOU ARE YOUNGER THAN 21, YOU ARE NOT PERMITTED TO USE THIS SITE – NO EXCEPTIONS.

 

THE SMOKING PRODUCTS AVAILABLE FOR SALE ON OUR SITE ARE FOR USE BY ADULTS ONLY WITH TOBACCO PRODUCTS, ESSENTIAL OILS, AND HERBAL PREPARATIONS LEGAL UNDER APPLICABLE FEDERAL AND STATE LAW. YOUR ACCESS OF OUR WEBSITE, AND YOUR PURCHASE OF ANY SMOKING PRODUCT THEREFROM, IS A REPRESENTATION AND WARRANTY BY YOU THAT YOU ARE AT LEAST 21 YEARS OF AGE.  

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least twenty-one years of age.  Minors under the age of twenty-one may not access or use this site or purchase Services, even with your consent and even if they are your dependents.

 

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

 
You must not transmit to, on, or through the site any worms or viruses or any code of a malicious or destructive nature. 

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

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to restrict user access to some or all of the Website at any time, including restrictions on access affecting registered users, any user, or any group of users.  We also reserve the right to refuse Services to anyone for any reason at any time. 

You are responsible for:

 

-          Making all arrangements necessary for you to have access to the site.

-          Ensuring that all persons who access the site through your internet connection or device are aware of these Terms of Service and comply with them.

 

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 Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express advance written permission by us. 

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

SECTION 3 - 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. 

SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES 

We reserve the right to discontinue, withdraw, modify, or amend our site, and any Services, material, or functionality we provide on the site, or any part or content thereof, at any time in our sole discretion and without notice.  We will not be liable to you or to any third-party for any reason for any modification, price change, suspension, or discontinuance of the Services, or if all or any part of the site is unavailable at any time for any length of time.

Prices for our products are subject to change without notice, and we reserve the right to update or change prices at any time. As discussed further in Section 11, we reserve the right to correct any pricing errors that may appear anywhere on our website, including in order forms, including, without limitation, after an order is placed. In the event of an error in pricing that is discovered after you place your order, we will notify you of the new price and request that you acknowledge and agree to the price change before your order is shipped.

SECTION 5 - PRODUCTS OR SERVICES

 

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, sizes, and images of the products that appear in our store as part of the Services. We cannot guarantee that your computer monitor's display of any color or other attribute will be accurate. All descriptions of products and Services are subject to change at any time without notice in our sole discretion.

We reserve the right, but are not obligated, to limit the sales 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 at any time to limit the quantities of or discontinue any products or Services that we offer. We reserve the right to refuse any order you place with us. We may, at 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, or orders that use the same billing or shipping address.

 

If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address, or phone number provided by you at the time the order was placed. We will adjust the purchase price to reflect any changes made to your order. in the event any change results in an overpayment by you, we will issue a refund to your method of payment in the amount of the overpayment. If any change in your order, including by not limited to substitutions, results in an additional charge over the amount you already paid, we will process the additional charge against your original method of payment. You will receive a full refund for cancelled orders.

 

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

Any offer for any product or Services 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 be fit for the purposes you intend or that any errors in the Services will be corrected. Please see below our provisions on disclaimers of warranties (Section 13), indemnities (Section 14), and limitations of liability (Section 15) for further information.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website or in our online 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.  See also Section 10 regarding our use of your personal information.

SECTION 7 - OPTIONAL TOOLS 

We may provide you with access to third-party tools on the site that we do not monitor and over which we do not have or exercise any control or 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 provided on our site.

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

We may also, in the future, offer new Services or features through the website (including but not limited to the release of new third-party tools and resources). Such new features and Services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 

Certain content, products, and services available via our Services 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 of any third-party materials or websites accessed from links on our site, and we do not warrant and will not have any liability or responsibility for any such third-party materials or websites, nor for any other materials, products, or services of third parties in general.

 
We are not liable or responsible 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 terms of use and other policies and practices, and make sure you understand them before you engage in any transaction with the third party. Complaints, claims, concerns, or questions regarding third-party products, services, resources, content, or other materials should be directed to the third-party and not to us. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries), or if without request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether sent 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise inappropriate or objectionable or that violates any party’s intellectual property rights or these Terms of Service. 

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality (name, image, or likeness), 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 our website, the Services, or any related website operated by us. 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 the legality, appropriateness, and accuracy of their contents. We take no responsibility and assume no liability whatsoever for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 

You agree that all personal and other information you submit or provide to or through our site, whether to register or otherwise, including through your use of any interactive features on the site, is governed by our Privacy Policy [add link], and you consent to all actions we take with respect to your personal information consistent with our Privacy Policy.  If you choose, or are provided with, a user name, password, or any other item of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide access to the website, or any part of it, to any other person, including, particularly, persons under the age of 21, using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security related to our website or your use of it.  You also agree to ensure that you exit from your account at the end of each session for which the site requires you to log in.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS 

Occasionally there may be information on our site or in the Services 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 at any time and without prior notice (including after you have submitted your order and as provided in Section 4) to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on the website or any related website is inaccurate. 

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

SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in these Terms of Service, such as the restriction on use of the site only by persons aged 21 years or older, 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, state, or local regulations, rules, laws, or 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 or distributed in any way to affect the functionality or operation of the Services, the website, or 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 Services, this website, or any related website, other websites, or the internet. We reserve the right to terminate your use of the Services, the website, or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. YOUR USE OF OR INABILITY TO USE THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

 

NEITHER HOLLADAZE NOR ANY PERSON ASSOCIATED WITH US, INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND ITS AND THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INTERNS, CONSULTANTS, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY WITH HOLLADAZE, THE "COMPANY GROUP"), MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE AVAILABILITY, ACCURACY, OR RELIABILITY OF THE SERVICES, WEBSITE, ANY PART OR PORTION OF THE SERVICES OR WEBSITE, OR THE RESULTS OBTAINED THEREFROM.  WITHOUT LIMITING THE FOREGOING, NEITHER HOLLADAZE NOR ANYONE ASSOCIATED WITH HOLLADAZE (INCLUDING, WITHOUT LIMITATION, COMPANY GROUP) REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, MATERIALS, OR RESULTS OBTAINED FROM OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, TIMELY, SECURE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES (INCLUDING BUT NOT LIMITED TO PRODUCTS) OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

HOLLADAZE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES EXPRESSLY SET FORTH FOR PRODUCTS OFFERED ON THE WEBSITE AND WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

SECTION 14 - INDEMNIFICATION 

YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY GROUP FROM AND AGAINST ALL CLAIMS (DEFINED BELOW) BROUGHT BY THIRD PARTIES AND LOSSES ARISING OUT OF OR RELATING TO SUCH CLAIMS OR YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ALLEGATIONS, LIABILITIES, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, AND SUITS OF EVERY KIND AND CHARACTER (“CLAIMS”) AND ALL LOSSES, DAMAGES, AWARDS, JUDGMENTS, FINES, PENALTIES, EXPENSES, FEES AND COSTS (INCLUDING ATTORNEYS’ FEES, COURT COSTS, AND EXPENSES OF LITIGATION INCURRED AT THE TRIAL LEVEL OR ON APPEAL), AND OTHER DETRIMENTS (“LOSSES”) ARISING FROM OR RELATING TO YOUR COMMENTS, YOUR USE OF THE WEBSITE’S CONTENT, SERVICES, OR FUNCTIONALITY OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF SERVICE, OR YOUR USE OF INFORMATION OR PRODUCTS OBTAINED FROM THE WEBSITE. You agree to indemnify, defend and hold harmless HOLLADAZE 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. 

 

SECTION 15 - LIMITATION OF LIABILITY

 

IN NO EVENT WILL COMPANY GROUP BE LIABLE FOR CLAIMS OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR WEBSITES LINKED TO IT, OR ANY SERVICES (INCLUDING, BUT NOT LIMITED TO, PRODUCTS) OR MATERIALS OBTAINED THROUGH THE WEBSITE OR OTHER WEBSITES LINKED TO IT; OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, PRODUCTS), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES  (INCLUDING, BUT NOT LIMITED TO, PRODUCTS) OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES; WHICH CLAIMS OR LOSSES MAY INCLUDE, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, REPLACEMENT COSTS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, OR LOSS OF DATA AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER SUCH CLAIMS, LOSSES OR OTHER DAMAGES WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED TWO TIMES THE VALUE OF THE ORDER PLACED BY YOU FROM WHICH YOUR CLAIM ARISES OR TWO HUNDRED FIFTY DOLLARS ($250.00), WHICHEVER IS HIGHER.

 

THE FOREGOING LIMITATION AND DISCLAIMER OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 16 - 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, the unenforceable portion shall be deemed to be severed from these Terms of Service, AND such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 17 - TERMINATION 

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. Your and our respective obligations and liabilities incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. 

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 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 we may, alternatively or in conjunction with termination of this agreement, deny you access to our Services (or any part thereof). 

SECTION 18 – NO WAIVER; ENTIRE AGREEMENT 

The failure by 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 Services, including, without limitation, our Privacy Policy, Refund Policy, and Shipping Policy, constitutes the entire agreement and understanding between you and us and governs your use of the Services, 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. 

SECTION 19 - GOVERNING LAW 

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

SECTION 19 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time by accessing 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 Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes for all purposes.  If you disagree with any changes to our Terms of Service, your recourse is to stop using our website and the Service. 

SECTION 20 - CONTACT INFORMATION 

Questions about our Terms of Service should be sent to us at hello@holladaze.com. 

Our contact information is posted below: 

HOLLADAZE LLC 
10 Canebrake Blvd., Suite 110-88

Flowood, Mississippi 39232

hello@holladaze.com