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VaperMate Terms & Conditions

We provide these Terms and Conditions (“Agreement”) to you to make you fully aware of all of our company policies at Vapermate. By using this site, you agree to these Terms and Conditions and agree that they may be updated by Vapermate at any time and without notice. We encourage you to read through all the terms carefully before proceeding. It is in your best interest to print a copy of these Terms and Conditions for future reference.

YOU MUST BE OVER THE AGE OF 18 YEARS TO BUY AND/OR USE ANY VAPERMATE PRODUCT. Nicotine is a highly addictive substance derived from the tobacco plant. Our products do not treat, diagnose, or cure any disease, physical ailment, or condition. If you are allergic to nicotine or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a medical condition, consult your physician before using Vapermate nicotine products. Products, e-liquids, or devices sold or distributed by Vapermate have not been evaluated by the Food and Drug Administration (FDA). These products are not intended in any way to help users stop smoking. Vapermate devices are not intended to administer medicinal or illegal products of any kind and doing so voids the warranty. The manufacturer is not responsible for any damage or personal injury caused by inappropriate, incorrect, or irresponsible use of our products. We reserve the right to change specifications, product descriptions, product quality, pricing and application at any time without prior notice. By using this site, you agree not to misuse your account access or password. Only you may use your password and you agree to take all reasonable precautions to keep it private. If another person wishes to use Vapermate (“Vapermate”), they should establish their own account. Establishing an account is free, easy, and only takes a few seconds. You understand that it is in your best interest to keep your account information confidential because you are responsible for any transactions initiated using your account. We will make reasonable efforts to maintain the privacy and security of your information. You agree to notify Vapermate immediately if you become aware of unauthorized use of your account. By opening and maintaining an account with us, you are telling us that the information you have provided about yourself is accurate, current, and complete and that you will update your account information whenever this information changes. You agree that if your information is believed to be inaccurate, we have the right to suspend or terminate your account and at our sole discretion, refuse any further use of Vapermate. In the event Vapermate feels an account has been used in a fraudulent manner, we reserve the right to execute any and all legal remedies. We reserve the right, but are in no way obligated, to actively report and/or prosecute actual and suspected credit card fraud. Should there be a need to, it is at our discretion to require you to provide additional authorization from you such as telephone confirmation of your order, and possibly other information as well. We also reserve the right to cancel, delay, refuse the shipment of, or recall from the shipper any order we suspect is fraudulent. Should any order through our Website be suspected of fraud, we reserve the right, though we are not obligated, to present all records, with or without subpoena, to all necessary law enforcement agencies as well as to the credit card company for the investigation of fraud. We also reserve the right to cooperate with the authorities to prosecute offenders to the full extent of the law. If you place an order for merchandise on Vapermate, you agree to pay for the order by authorizing a corresponding charge to a valid credit card acceptable to us. We reserve the right to accept or decline your order at any time and for any reason. This is true even if you have received an order confirmation from us. We are not liable in any way if a financial institution which has issued a credit card to you refuses to honor the card for any reason. Even when information at Vapermate indicates that a product is available, it may not be. We do not guarantee product availability under any circumstances. Without liability and without prior notice, we reserve the right to change or discontinue any or all products or to cancel any order. There are many instances that are beyond our control when we ship to your shipping address. You agree that any delivery confirmation (including those that do not require a signature) provided by the shipping provider is deemed sufficient as proof of delivery to you as the credit card holder responsible for this transaction. You are always free to cancel or modify any future deliveries of Vapermate products by calling our Customer Service Department at 888-WOW-VAPE. We are available Monday through Friday from 9:00 a.m. to 5:30 p.m. EST. You will, however, be responsible for payment of any products that have either already been shipped to you, or have been delivered at the time of your call.

Warranty Vapermate provides a 30-day warranty that covers our electronic cigarette products and warrants that all of these products be in good working order when purchased directly through Vapermate. There may be longer warranty periods on certain products. Check individual product details for further information. Should any product fail to be in good working order during the warranty period, as determined by Vapermate, it will be replaced at no charge to the customer (excluding the shipping and handling charge) as long as the products have not been subjected to misuse, abuse, accidents, disaster, or any type of non-Vapermate authorized modification or repair.Replacements may be obtained by contacting Customer Service at 888-WOW-VAPE. For the defective product to be returned to us, you must include a Vapermate issued RMA (Return Material Authorization) written on the outside of the package, sent prepaid and properly packaged for safe shipment. Vapermate will then send a new replacement item to you with prepaid ground shipping.The Vapermate warranty is defined as the serviceable life of the product in question. This is defined as the period during which all components are available. Should the product be determined to be irreparable, Vapermate reserves the right to substitute the defective product with an equivalent if available, or to retract the warranty if there is no replacement available.The above warranty is the only warranty authorized, in any way, by Vapermate.Vapermate will in no way be held be held liable in any way for damages that may include circumstances including loss of pleasure, loss of enjoyment, loss of savings, or any other obscure, incidental, or consequential damages arising out of the use, or inability to use such products.

License and Restrictions You are hereby granted a limited, non-exclusive right to use any of the content and materials on this website in the normal course of your use of the website, subject to the terms and conditions of this Agreement. You are not free to use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The website will retain all ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth herein. You have no right to copy, use, perform, display, or create derivative works from this website. You may not transmit, distribute, have distributed, or sublicense materials or content available on the website, except as expressly set forth herein. You may not attempt to reverse engineer any of the technology used to provide the services.

Prohibited Conduct When using this Vapermate website, you are prohibited from (i) infringing any patent, copyright, right of publicity, trademark, trade secret, or any other right of any party; (ii) defaming, abusing, harassing, stalking an individual, or disrupting or interfering with the security or use of this website, or any of the websites linked to this website; (iii) interfering or damaging this website which include without limitation, the use of viruses, Trojan horses, cancel bots, flood pings, harmful code, packet or IP spoofing, denial of attacks, forged routing or electronic mail address information or similar methods of technology used in a malignant manner; (iv) attempting to use another person’s user account, impersonating another entity or person, misrepresentation of your affiliation with another entity or person, and this includes, without limitation, the website or the creation of a false identity; (v) attempting to obtain unauthorized access to this Website or portions of the website that are restricted from general access; (vi) engaging, whether in a direct or indirect manner, in the transmission of “spam,” junk mail, chain letters, or any other type of unsolicited solicitation or material; (vii) collecting, manually or through an electronic and/or automatic process, information regarding any other user(s) without their express consent, or other information relating to the website; (viii) using any meta tags, or any other “hidden text” that may utilize the Vapermate name, any trademarks, or product names; (ix) advertising, offering to sell, or the selling of any goods or services, except as it may be expressly permitted by the Website; (x) engaging in any activity that may interfere with any third party’s ability to use or enjoy the website; or (xi) assisting any third party that may be engaging in any of these activities prohibited by this Agreement. License When you choose to post, store, or transmit any content or information on or to the website, you are hereby granting us a non-exclusive, worldwide, perpetual, royalty free, sub-licensable, right and license to use, display, copy, perform, intentionally create derivative works from, transmit, distribute, have distributed, and sublicense such content in any form of media currently used or known or hereinafter created, anywhere in the world it may occur. You are hereby irrevocably waiving any claims that may be made based on moral rights or similar theories.

Objectionable Content You are solely responsible for your interactions with other users of the website and any of the content you create and post. Vapermate will not be held liable for any of the damage or harm that occurs as a result of any content you create, or those which may occur as a result of your interactions with other users of the website. We reserve the right, but are not in any way obligated, to monitor the actions of users; you as well as others, including interactions on the website. We reserve the right to restrict access, restrict availability or to take any action we deem necessary in controlling materials that we or other users of the Website consider to be objectionable.

Information Accuracy We exert all efforts in an attempt to ensure that all information provided on this website is accurate and complete; however, it is possible that this information may contain irregularities such as typographical errors, pricing errors, product information, and other inaccuracies. We may refuse or cancel any order for products listed with incorrect pricing or product information. This is true even if your credit card has been charged. However, if a credit charge has been made, and we elect to refuse or cancel the order, we will issue a credit to your credit card in the amount of the charge.

Sales Tax Most purchases are subject to sales tax, so you should expect to see it charged on your order. You are expressly responsible for paying any applicable sales tax on Vapermate purchases.

Copyright and Trademarks Our copyrighted material cannot be used without permission. All of the designs, logos, graphics, text, other files, and the selection and arrangement thereof are either owned exclusively by Vapermate, or are the property of our suppliers, licensors, or other companies. Vapermate is a trade name, and its related design marks and other trademarks on the Website are strictly owned by us. Custom graphics, page headers, button icons, scripts, and anything graphically designed with our name or image are trademarks we own. You may not use any of such trademarks or trade names without our express written permission.

Third Party Websites Vapermate may contain links to other websites which are owned and operated by third parties not connected to Vapermate. We do this solely as a convenience to you. Vapermate is not responsible for any of these sites or the contents you may find there. We do not endorse or guarantee the accuracy or completeness of content found on such sites. We are not responsible or liable for any material located or available on these websites for the protection of your data by third parties; once you leave our site we cannot guarantee the protection or safety of information elsewhere. Should you participate or have dealings with any third party sites or participate in promotions offered by advertisers on the website, and this includes the payment and delivery of these goods or services, and any other terms, conditions, warranties, or representations associated with these dealings and/or promotions, such interactions are between you and the applicable advertiser or third party. You are agreeing that we shall not be responsible or liable whatsoever, directly or indirectly, for any loss or damage caused by the usage or reliance on any such material available on or through any site or dealings or promotions.

Your Ideas and Suggestions are Welcome We would really like to hear from you. Comments or suggestions about Vapermate are welcome. You may choose to play a significant role in making Vapermate even better site. However, in order to allow a free exchange of ideas, Vapermate does not solicit or want to receive confidential or proprietary information. Therefore, any correspondence received from you is not considered confidential or proprietary and becomes the property of Vapermate without payment or compensation to you. We are free to use or not use your comments in any way we choose. By making comments to Vapermate, you assign to us all right, title and interest in copyrights and other intellectual property rights on a worldwide basis without charge. We are, and will be under, no obligation to (i) maintain any comments in confidence; (ii) pay you, or any third party, any type of compensation for comments made on our website; and (iii) address or respond to any comments. You are and shall remain solely responsible for the content of any comments you make.

Indemnification You agree that you will defend, indemnify, and hold the website, and its subsidiaries, affiliates and their directors, agents, members, officers, shareholders, co-branders, or other partners, employees, and ad partners harmless from any sort of liabilities, actions, losses, damages, demands, or claims, including reasonable attorneys’ fees, expenses and costs, made by any third party directly or indirectly, which relate or arise from (a) content you have provided to the website, (b) your usage of the service, (c) any connection you may have to the service. (d) the violation of this Agreement on your part, (e) the violation of the rights of another, or (f) your failure to perform your obligations hereunder. If you are in a position of obligation to provide indemnification pursuant to this provision, we hold the ability to, in our sole and absolute discretion, to control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not compromise, settle, or in any other sort of manner dispose of any claim without our express consent.

Disclaimer of Warranties Vapermate supplies the website, products, and services on a strictly “as is” and “as available” basis. We absolutely do not represent or warrant that the products, the website, services, its particular use, or any information contained on it: (i) will be uninterrupted or secure, (ii) will be entirely perfect; free of defects, errors, or inaccuracies, (iii) will precisely or explicitly meet your personal standards or requirements, or (iv) will operate perfectly in the configuration or with other hardware/software you are using. We make no warranties other than those which have been expressed in this Agreement, and hereby we disclaim any and all implied warranties, especially those which include without limitation, warranties of fitness for a specific purpose, merchant availability as well as non-infringement. Products sold are subject only to any applicable warranties of their respective manufacturers, suppliers, and distributors, if any, provided in the packaging of the product. To the fullest extent of the law which is permissible, we hereby disclaim any and all warranties of any kind, whether they are expresses or implied, including without limitation, any type of implied warranties of merchantability, non-infringement, or fitness for a specific purpose. Without limiting the generality of the foregoing, we hereby expressly disclaim any and all liability for product defect or failure, claims that are due to normal use, misuse, abuse, non-Vapermate modification, improper product selection, noncompliance with any codes, or any type of misappropriation.

Health Related Information Vapermate products are not intended to diagnose, treat, cure, or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use them at your own risk. Under no circumstances will Vapermate be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on any product on this site.

Force Majeure In the event of a force majeure deeming the website unable to provide the products, you acknowledge and understand that Vapermate will not be breaching any portion of its obligations towards you under this Agreement. A force majeure event is one that occurs and extends beyond the control of the website. Vapermate shall have no liability to you, whether it is in contract, warranty, tort, negligence, or any other method of liability for failure to perform any obligations in accordance with this agreement to the extent that any such failure is a result of a force majeure event.

Applicable Law This website is controlled from offices within the United States of America. We make absolutely no representation that this website or any of its content (which includes without limitation, any services or products available through or on this Website) is appropriate or openly available for use in other locations. If you access Vapermate from outside the United States, you are doing so at your own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this site. Any legal action brought against Vapermate shall be governed by the laws of the State of Ohio.

Arbitration Any disputes that may arise as a result of, or should relate to this Agreement (including formation, performance, or any alleged breach) or use of the website, will be resolved exclusively under confidential binding arbitration held in or around Cleveland, Ohio before and entirely in accordance with the rules of the American Arbitration Association. The award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction. We hold the right to seek injunctive, or any other equitable relief in state or federal court located in or near Cleveland, Ohio to enforce this Agreement or to prevent an infringement of a third party’s rights. In the event we seek equitable relief, each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into this Agreement, you hereby irrevocably waive any rights you may have to join claims with those of others in the form of a class action or any similar procedural device. Any claims which may arise as a result of, relating to, or in connection with this Agreement must be asserted individually. You acknowledge as well as agree that, regardless of any statute or law to the contrary, any claim or cause of action you have arising from, in relation to, or in connection with your usage of the Website, must be filed within a period of one calendar year after such claim or the cause of the action arises, or it shall be forever be barred.

Modification of Agreement We reserve the right to modify, alter, or change these terms at any time at our own discretion, and your continued usage of Vapermate will be conditioned upon this Agreement in force at the time you have used the website. You retain the freedom to check the most current version of this Agreement to note any changes that may have been made.

Termination We may terminate or suspend your access of this site, all or in part, without notice, for any conduct which, in our sole discretion, is disruptive to Vapermate or is in violation of any law or this Agreement. Following termination, you will be strictly prohibited from using this website and we may, at our sole discretion, cancel any outstanding product orders. Should your access to this website be terminated, we reserve the right to exercise any means which we deem necessary to prevent unauthorized access to Vapermate.

Integration This Agreement contains the entire understanding between yourself and Vapermate regarding all usage of this website, and it supersedes all prior and contemporaneous agreements and any understandings between yourself and Vapermate relating thereto.

Additional Terms This Agreement will be binding upon each party hereto as well as its successors and permitted assigns, and it shall be governed by and construed in accordance with the laws of the State of Ohio without regard for conflict of law principles. This Agreement and all of your rights and obligations under them, in no way may be assignable or transferrable by you without the prior written consent of Vapermate. No failure or delay by any party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any privilege, right, or power preclude any other or further exercise thereof or the exercise of any other privilege, right, or power under this Agreement. You are considered an independent contractor, and therefore no partnership, agency, joint venture, employee-employer relationship is intended or established by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect.

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