How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.


Do we use "cookies"?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.


Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include www.esmokeyshack.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.


Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).


Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on May 3, 2003.


Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.


Online Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.


Your consent

By using our site, you consent to our privacy policy

 

1.         Terms of Use and Sale. By viewing this website you agree to be bound by the following Terms of Use and Sale (“Terms”). You have no right to use this website and cannot claim any damage as a result of your use of this website or your inability to use this website. By purchasing goods sold by or through Shack Enterprises, LLC, you have agreed to the following Terms.

 

2.         Copyrighted Information. The contents of the Shack Enterprises, LLC web site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Shack Enterprises, LLC and Shack Enterprises, LLC's name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring e-msokeyshack.com services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Shack Enterprises, LLC icons, site address, or other means to hyperlink other Internet sites with any page in the Shack Enterprises, LLC web site, and Shack Enterprises, LLC assumes no responsibility for any other party's site hyperlinked to the Shack Enterprises, LLC site or in which any part of the Shack Enterprises, LLC site has been hyperlinked.   These probations may only be waived by Shack Enterprises, LLC and its owners(s).

 

3.         Intellectual Property Rights of Others. We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on Shack Enterprises, LLC. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Shack Enterprises, LLC

P.O. Box 511
Madison Heights, VA 24572

 

The notification must include ALL of the following:

a. A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;

b. a description of the copyrighted work you claim has been infringed;

c. a description of where the material you claim is infringing is located on the site;

d. your name, address, telephone number, email address and all other information reasonably sufficient to permit Shack Enterprises, LLC to contact you;

e. 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

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that content has been taken down improperly from Shack Enterprises, LLC or that access to material on Shack Enterprises, LLC was improperly disabled, you may send a counter-notification to the Shack Enterprises, LLC agent identified above. Such counter-notification must contain the following information:

a. Your physical or electronic signature, or that of an authorized representative;

b. a description of the material that you claim has been improperly removed or to which you believe access has been improperly disabled and the location at which the material appeared before it was removed or access was disabled;

c. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

d. your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which Shack Enterprises, LLC may be found, and (ii) you will accept service of process from the claimant who provided Shack Enterprises, LLC’s designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.

 

4.         Material You Submit. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

 

5.         Privacy Statement. Shack Enterprises, LLC does not collect personally identifiable information about individuals who visit our site except when the information is specifically provided on a voluntary basis.  Personally identifiable information on individual users and buyers will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user or buyer. The user or buyer can notify Shack Enterprises, LLC whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from Shack Enterprises, LLC and/or any third parties. Further, notwithstanding any opt-out of promotional information by the user or buyer, Shack Enterprises, LLC reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

 

Shack Enterprises, LLC may perform statistical analyses of user or buyer behavior and characteristics in order to measure interest in and use of our site. We may also inform advertisers of such information as well as the number of users or buyers that have been exposed to or clicked on their advertising banners. Only aggregated data from these analyses will be provided to third parties.  

 

6.         Credit Card Purchases. Information provided for your purchase (including billing name, billing address, telephone number, fax number, and travel details of the reservation) will not be shared or sold to anyone outside of Shack Enterprises, LLC nor to any third party. Payment information (credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments. We use 128-bit Verisign secure certificates to protect your billing information. The Verisign secure certificate encrypts information and keeps the data private and confidential between your machine and Shack Enterprises, LLC. This technology makes it safe to transmit your credit card number over the Internet.

 

7.         DISCLAIMER.  

 

a.         USE.   YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SHACK ENTERPRISES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHACK ENTERPRISES, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SHACK ENTERPRISES, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

b.         GOODS.         SHACK ENTERPRISES, LLC MAKES NO WARRANTY THAT GOODS SOLD ON AND THROUGH ITS WEBSITE SHALL BE MERCHANTABLE. THERE ARE NO WARRANTIES OF FITNESS FOR A PARTICULAR PUPOSE. SHACK ENTERPRISES, LLC MAKES NO EXPRESS WARRANTIES OF ANY KIND WITH RESPECT TO THE GOODS SOLD ON OR THROUGH ITS SITE. THE POSTING OF ANY PICTURE OR DESCRIPTION OF THE GOODS ON THIS SITE SERVES MERELY TO INDICATE THE TYPE OF GOODS THAT WILL BE TENDERED TO THE BUYER. THESE PICTURES OR DESCRIPTIONS CREATE NO WARRANTY THAT THE GOODS WILL CONFORM TO THE PICTURE OR DESCRIPTION.

 

ELECTRONIC CIGARETTES ARE NOT REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. USE OF THIS PRODUCT IS AT YOUR OWN RISK. NICOTINE IS AN ADDICTIVE SUBSTANCE. LIKE ALL SMOKING PRODUCTS, THERE ARE ALWAYS HEALTH-RELATED RISKS INVOLVED IN THE USE OF PRODUCTS SOLD ON THIS WEBSITE. ULTIMATELY, ELECTRONIC CIGARETTES ARE DESIGNED TO BE USED WITH ZERO NICOTINE CARTRIDGES TO MINIMIZE THESE RISKS. DO NOT USE THIS PRODUCT IF YOU UNDER THE AGE OF 18, IF YOU ARE SENSITIVE TO NICOTINE, OR IF YOU ARE PREGNANT OR NURSING. SHACK ENTERPRISES, LLC SHALL NOT LIABLE FOR MISUSE AND/OR ABUSE OF THIS PRODUCT.

 

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

 

a.         USE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SHACK ENTERPRISES, LLC NOR ANY THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR YOUR PURCHASE OR USE OF PRODUCTS PURCHASED VIA THIS WEBSITE.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

b.         GOODS. BUYER AGREES WITH RESPECT TO THE PURCHASE OF GOODS SOLD THROUGH THIS WEBSITE OR ADVERTISED OR LISTED HEREON, SELLER’S LIABILITY SHALL BE LIMITED TO REPAIRING OR REPLACING THE NON-CONFORMING GOODS, AND THAT SUCH REPAIR OR REPLACEMENT SHALL RELEASE SHACK ENTERPRISES, LLC AND ITS OWNER(S) FROM ALL OTHER DAMAGES. THE OBLIGATION TO REPAIR OR REPLACE THE GOODS SHALL TERMINATE 14 DAYS AFTER THE DELIVERY OF THE GOODS TO BUYER.  SHACK ENTERPRISES, LLC’S AND ITS OWNER(S) LIABILITY TO BUYER SHALL, IN NO EVENT, INCLUDE ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, REVENUE, OR PROFIT EVEN IF SELLER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHACK ENTERPRISES, LLC’S  AND ITS OWNER(S) LIABILITY TO BUYER SHALL, IN NO EVENT, EXCEED THE AMOUNTS PAID BY BUYER TO SHACK ENTERPRISES, LLC UNDER THESE TERMS. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

9.         Risk of Loss. All risk of loss or damage of the goods shall be borne by the buyer from the time of buyer’s selection, excepting any loss or damage resulting from any intentional or grossly negligent acts or omissions by Shack Enterprises, LLC or its employees.

 

10.       Indemnity. Users and/or buyers expressly agree to indemnify and save Shack Enterprises, LLC, its agents, officers, directors, members and employees harmless from and against any and all claims, loss, damages, injury, liability and costs, including but not limited to reasonable attorneys’ fees and court costs, however caused, resulting from, arising out of, or in any way connected with the use of Shack Enterprises, LLC site or the purchase and/or use of any of the goods purchased from Shack Enterprises, LLC, or by any fraud, negligence or alleged negligence on the part of any of Shack Enterprises, LLC, its agents, officers, directors, members, employees, contractors, or subcontractors.

 

11.       Right to Amend Terms. Shack Enterprises, LLC reserves the right to make changes and improvements to its website and products at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this site following the posting of changes to these Terms or other policies means you accept the changes.

 

12.       Jurisdiction. Shack Enterprises, LLC is a limited liability corporation located and registered in the Commonwealth of Virginia in the United States of America, and this site is operated in the United States. The laws of the Commonwealth of Virginia govern these Terms, and you irrevocably consent to the jurisdiction and venue of the courts located in the City of Lynchburg, in the Commonwealth of Virginia for any action to enforce these Terms. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

13.       Miscellaneous. If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms constitute the entire agreement and understanding between you and Shack Enterprises, LLC with respect to use of the site and purchase of any goods from or through this site, superseding all prior or contemporaneous communications. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the website or the purchase of any goods from or through this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.