Terms & Conditions
Updated August 19, 2011
Please read the following general website Terms and Conditions (these “T&Cs” or “Agreement”) carefully before accessing the www.vaporfection.com website (the “Site”), before registering with or opening a membership account on the Site (“Account”), making a purchase on the Site, or using the various Services or Products we provide, whether online or offline, and as defined below, so that you are aware of your legal rights and obligations with respect to the Site or Vaporfection International, Inc. , Vaporfection Vaporizers, Inc., and any affiliates, parents, agents, and subsidiaries thereof (individually and collectively, “we,” “us,” “our” or “VAPORFECTION”). All warranty claims must be accompanied by proof of purchase. Mail-in rebate claims are only valid if filled out entirely, a proof of purchase is included, and the customer paid full Manufacturer’s Suggested Retail Price (MSRP).
Please note: Vaporfection can only be responsible for the Vaporfection products which it sells directly through vaporfection.com and indirectly through it’s Master Distributors and their authorized Retailers. Vaporfection is not responsible for other unauthorized companies falsely claiming to sell Vaporfection products (ie: viVape, miVape, etc.). You may contact Vaporfection and/or one of the Master Distributors listed on vaporfection.com for verification, if you have any questions.
IMPORTANT INFORMATION TO NOTE:
YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18, AS THE SITE IS NOT INTENDED FOR CHILDREN 18 YEARS OF AGE OR UNDER. IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE AND/OR THE SERVICES OR TO CREATE AN ACCOUNT.
ANY CONTROVERSY, CLAIM, DEMAND, OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN PALM BEACH COUNTY, FLORIDA EXCEPT AS OTHERWISE DESCRIBED HEREIN.
BY CREATING AN ACCOUNT AT THE SITE, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.
USER/VISITOR/CUSTOMER ACCESS TO THE SITE AND PRODUCTS IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
PLEASE EXIT THIS SITE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM, ARE NOT OVER THE AGE OF 18, OR ARE IN A COUNTRY WHERE USE OF THIS SITE IS NOT PERMITTED.
1. Description of the Site: The Site directly promotes and permits its Users to purchase electric vaporizers, spare parts, promotional products, and merchandise (“Products”). The Site enables its Users to purchase, rent, or license (as applicable) Products, under certain terms and conditions as set forth in the T&Cs. The Site may also allow Users to network, socialize, and communicate with other users based on mutual or expressed interests in various Products. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as “Services.” Users of the Site may, where and if available, submit any photograph(s), video(s), image(s), text, rating, opinions, and/or comment(s) or other content to the Site (“Submission(s)”).
We reserve the right to add, change, modify, suspend or discontinue any portion of the Site or the Service(s) offered at any time. We may also impose limits on certain Services or features and/or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.
2. The Site: These T&Cs apply to all Users of the Site. The Site includes proprietary and third-party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video, and/or other digital formats offered via the Site.
3. Registration: In order to have access to certain features of the Site, you may be required to create an Account. You may never use someone else’s Account. When creating an Account with the Site, you agree to provide accurate, current, and complete information about yourself (“Registration Data”) as prompted by our registration form. Registration Data may include your email address, user name, password, shipping address, billing address, and credit card information. You also represent that we may rely on your Registration Data as accurate, current, and complete. You agree to maintain and update your Registration Data to keep it accurate, current, and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive, and/or incomplete Registration Data.
4. Username and Password: As part of the registration process, you will be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive, or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid at any time both during and after registration.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD, AND ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL, OR RESELL YOUR USERNAME AND/OR PASSWORD, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR USERNAME AND PASSWORD, TO ANY THIRD PARTY.
If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us of same by emailing us at email@example.com.
6. Term/Termination: We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a User’s access to the Site or our Services, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the email address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to the provisions of these T&Cs shall survive any termination or the cancellation of Account. Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request, during the time period needed for us to reasonably act to comply with your request, and thereafter.
7. Quantity: We reserve the right to set quantity-per-order limits on any and all items sold on this Site. We may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.
8. Use of Content on Site: Every effort is taken to ensure that all information provided by us on the Site is accurate at the time of publication, though there may be errors. The final say on what is provided by us is accurate is in our sole discretion. Please note that we may display an image of only one of the sizes of a product, as images for all sizes may not be available. Users may submit or post personal reviews and rankings on Products listed on the Site. The information listed, uploaded, posted, or made available by Users of the Site are those of the respective Users and not of VAPORFECTION, and should not necessarily be relied upon. Such Users are solely responsible for the accuracy, completeness, or usefulness of such content. VAPORFECTION does not guarantee the accuracy, completeness, or usefulness of any information made available by Users on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness, or reliability of any opinion, advice, or statement made on the Site. The Users understand and agree that VAPORFECTION will not be responsible for, and Users hereby agree to hold VAPORFECTION harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Users of the Site. You may access such information solely:
· For your general entertainment, information, and personal use; and
· As intended through the normal functionality of the Site.
9. Users’ Submissions and Comments: This section governs the Submission of any photograph(s), audio, video(s), image(s), text, and/or comment(s) or other content to the Site. As Users of the Site you may make Submissions. Customers agree that whether published or not, VAPORFECTION does not guarantee the confidentiality of their Submissions. VAPORFECTION does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms (“Content Terms”). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant, and agree that:
a) You are eighteen (18) years of age or older and possess the necessary capacity to consent to enter into these T&Cs;
c) The Submissions do not contain obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities, and/or contraband;
d) You have full rights to use and dispose of any rights including, without limitation, any and all copyrights associated with the Submissions;
e) No other party has any rights, including intellectual property rights, to the Submissions;
g) VAPORFECTION may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
h) You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied;
i) VAPORFECTION may include or add editorial copy and/or other writings or graphics with the Submissions;
j) You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
k) Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
10. Online Conduct: You are solely responsible for the Submissions and/or other information that you publish, transmit, and/or post on the Site, including the Registration Data. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
a) post, or attempt to post, any text, audio, photographs, videos, or other images containing anything offensive, illegal, and/or confidential information;
b) impersonate any person or entity;
c) “stalk” or otherwise harass any person via the Site;
d) engage in advertising to, or solicitation of, other Customers and/or users to buy or sell any products or services through the Site (except as explicitly permitted to Affiliates);
e) transmit any chain letters, spam, or junk e-mail to other Users;
f) express or imply, without our specific, prior, written consent that any statements you make are endorsed by VAPORFECTION;
g) harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
i) post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of VAPORFECTION or the owner of such proprietary rights;
j) to access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means VAPORFECTION may designate;
k) remove any copyright, trademark, or other proprietary rights notices contained on the Site;
l) interfere with or disrupt the Site, or the servers and/or networks connected to the Site;
m) post, email, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
n) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
o) “frame” or “mirror” any part of the Site, without our specific, prior written authorization;
p) use metatags, code or other devices containing any reference to VAPORFECTION or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
q) to use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of VAPORFECTION. Prohibited commercial uses include any of the following actions taken without VAPORFECTION’s express consent: (i) sale of access to the Site or its related Services on another website (except as explicitly permitted to Affiliates); and/or (ii) use of the Site or its related Services, for the primary purpose of gaining advertisements or subscription revenue.
VAPORFECTION reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in VAPORFECTION’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to the terms of these T&Cs. VAPORFECTION reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct. However, in any event, VAPORFECTION assumes no responsibility for the conduct of Users of the Site.
11. License Grant: As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.
12. Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services, or other materials viewed at, on, or through the Site and Services. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials.
13. Digital Millennium Copyright Act:
a) If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VAPORFECTION’s designated Copyright Agent to receive notifications of claimed infringement is:
c/o Vaporfection International, Inc.
1200 North Federal Highway, Suite 200
Boca Raton, Florida 33432
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
b) Counter-Notice. If you believe that your Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
· Your name, address, telephone number, and email address;
· a statement that you consent to the jurisdiction of the federal court in Palm Beach County, Florida; and
· a statement that you will accept service of process from the person who provided notification of the alleged infringement.
15. Indemnification: You agree to indemnify, defend, and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third-party and arising out of, (i) your use or misuse of the Site or the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these T&Cs or any policies, rules, or guidelines referenced herein.
16. Warranties: You expressly agree that access and/or use of the Site and/or Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited to, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems, or other limitations.
We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services, whether online or offline, shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third-party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, User communications; 2) the conduct of any User, whether online or offline; 3) any computer virus or other malicious, destructive, or corrupting code, agent, program, or macros; or 4) any infringement of another’s rights, including intellectual property rights.
You agree that VAPORFECTION is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising therefrom including, without limitation, any and all criminal and/or civil liability.
VAPORFECTION shall not be liable to you for any Services, goods, and/or information available from third parties, even if obtained at or through the Site and/or Services, whether online or offline. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your account and to discontinue use of the Site, Services, and Products.
You agree that VAPORFECTION shall not be held responsible for the misuse of the Products or the misuse of any oil or botanical. You, the purchaser and/or user of this device, are responsible for your own use of the Products.
17. Third-Party Websites: The Site may contain links to other websites owned and operated by VAPORFECTION, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third-party websites not owned or controlled by VAPORFECTION. VAPORFECTION has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site. By using the Site, you expressly relieve VAPORFECTION from any and all liability arising from your use of any third-party website. Furthermore, VAPORFECTION does not endorse, and is not responsible nor liable for, any content, advertising, services, products, and/or other materials at or available through such third-party websites or resources, or for any damages and/or losses arising therefrom.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will be bound by the terms and conditions, privacy policies, and rules and regulations of any VAPORFECTION or third-party website you access through the Site.
18. Conditions for Purchase and Use of Products: Any and all Purchases are Final. Any and all language on the Site notwithstanding, and except as where specifically provided in the warranty for the Products, no returns shall be accepted nor any credits/refunds shall be issued for any Purchase made for Products or Services.
The lawful and proper use of any Product is a required condition of sale. Some people may experience an allergic reaction or other side effects of aromatherapy vapors. Please consult your physician prior to using a vaporizer, or if you experience any adverse effects. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.
The Products, specifically vaporizers, are designed, manufactured, sold, and intended to be used for aromatherapy, therapy, and naturopathy with legal herbs and oils only. This statement has not been evaluated by the FDA. The Products are not medical devices. The Products are not intended to diagnose, treat, cure, or prevent any disease.
Since many plants, botanicals and oils are toxic or poisonous, only legal, safe, known, identifiable, and commercially developed and marketed essential oils or botanicals should be used in any Product obtained, either directly or indirectly, from the Site.
Keep these devices and all aromatherapy products out of the reach of children.
19. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders, and/or warrants without prior notice to you.
20. Dispute Resolution: If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and we agree to resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum – This Agreement shall be treated as though it were executed and performed in Palm Beach county, Florida and shall be governed in all respects by the laws of the State of Florida without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a court located in Palm Beach county, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option section below. You agree to submit to the personal jurisdiction of the courts located within Palm Beach county, Florida for the purpose of litigating all such Claims or disputes.
The Parties shall first attempt to resolve any dispute arising out of this Agreement at non-binding mediation in the county of Palm Beach, Florida and with a mediator chosen by and agreed to by the Parties involved in the dispute, with each party to split evenly the costs of the mediation and to bear its own attorneys’ fees and costs, unless otherwise agreed to in a writing signed by the Parties. If the mediation is unsuccessful such Palm Beach county, Florida, with the non-prevailing party to bear the fees and costs of the litigation, unless otherwise agreed to in a writing signed by the Parties.
21. Legal Warning: Any attempt by any individual, whether a user or Customers or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
22. Contact Us:
Vaporfection International, Inc.
1200 North Federal Highway, Suite 200
Boca Raton, Florida 33432