COMMUNICATIONS WITH CUSTOMERS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us using this Site are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using this Site.
INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, contained on this Site are owned, controlled or licensed by or to Vapor42, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Vapor42’s Content may not be used in connection with any product or service that is not Vapor42’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Vapor42. All other trademarks not owned by Vapor42 that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Vapor42. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
You are granted a limited, non-sublicensable right to access this Site and print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of this Site or any Content; 3) systematically collect and use any Content or data from this Site, including using data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of this Site or any Content; or 5) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site, or any text or the layout/design of any page of this Site).
Any unauthorized use of this Site or any Content terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of vapor42.com, so long as the link does not portray Vapor42, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Vapor42 logo or other proprietary graphic or trademark as part of the link without express written permission.
SITE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed on vapor42.com. However, we do not warrant that product descriptions, pricing information, or other content on this Site are accurate, complete, reliable, current, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product listed on this Site at any time without notice. If upon receipt of a product offered by Vapor42 you find that it is not as described on the Site, your sole remedy is to return it in unused condition.
We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Site, including any items ordered through the Member Rewards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Vapor42 ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Vapor42 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THIS SITE AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE AT YOUR SOLE RISK.
Vapor42 DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SITE (INCLUDING PRIZES AVAILABLE THROUGH THE MEMBER REWARDS) ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.
You understand that Vapor42 cannot and does not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, MEMBER REWARDS, OR REWARDS PROGRAM, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS ON LIABILITY
IN NO EVENT WILL Vapor42, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, THE MEMBER REWARDS, THE REWARDS PROGRAM, ANY WEBSITES LINKED TO THIS SITE, ANY CONTENT OF THIS SITE, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THIS SITE, OR ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE MEMBER REWARDS OR REWARDS PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In any manner that violates any applicable federal, state, local and international law or regulation;
To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of this Site;
In any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including their ability to engage in real time activities through this Site;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by us, may harm Vapor42 or users of this Site, or may expose Vapor42 or users of this Site to liability.
ADDITIONAL PROHIBITED USES
You further agree not to:
Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including to monitor or copy any of the material on this Site;
Use any manual process to monitor or copy any of the Content on this Site for any unauthorized purpose without Vapor42’s prior written consent;
Use any device, software or routine that interferes with the proper working of this Site;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of this Site, the server on which any part of this Site is stored or any server, computer, or database connected to this Site;
Attack this Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of this Site.