BY ACCESSING OR USING THE SITE, USING THE SERVICES OR PURCHASING PRODUCTS ON THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE AND SERVICES IMMEDIATELY.
- Acceptance of Terms.
Please check these Terms periodically for changes. If you do not agree to the Terms, please do not use the Site. By using the Site, you acknowledge that you have read, understood and agree to these Terms. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes.
- Account Registration; Credentials & Passwords.
- Account Information. Customers may create an account to access the Services and purchase products on the Site. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration, sign-in, or account registration page (“Account Information”) and maintain and promptly update the Account Information as necessary. If you provide any information that is untrue, inaccurate, not current or incomplete, or PurePuff has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PurePuff may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- Passwords and Security. You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify PurePuff of any disclosure to, or use of, any such usernames or passwords by any other individual. PurePuff will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
You must be of legal smoking age (21 years of age or older for U.S. customers) in the jurisdiction where you reside to purchase electronic cigarette and vape products and accessories from the Site. Falsifying your age for the purpose of purchasing products from the Site and purchasing items on behalf of a minor, is illegal and is punishable by law.
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
By purchasing products on the Site, you acknowledge and agree that you are of legal smoking age in the jurisdiction that you reside (21+ in the U.S. under Federal Law).
We reserve the right to request for additional identification in order to verify your age. We also reserve the right to deny and cancel your order if we are unable to verify your age.
- Product Warnings
Please carefully review and use your products in accordance with the manufacturer’s instructions and safety rules. Batteries can explode or burn if used or stored improperly. Always store batteries in a case, your device, or a charger- never carry batteries in your pocket. Never use damaged batteries. Batteries should be properly charged and regularly checked regularly for proper use and maintenance.
Please be aware that e-liquid products contain the following common ingredients, which may cause an allergic reaction to a small percentage of users: Propylene Glycol, Vegetable Glycerin, Nicotine, and Food/Beverage Flavorings. In order to avoid personal injury, do not purchase or use any product that contains any known ingredients that you may be sensitive to. Use all products at your own risk.
California Proposition 65 – WARNING: Products sold on the Site may contain nicotine, which is a highly addictive substance. Nicotine is known to the State of California to cause birth defects or other reproductive harm. For more information, go to Proposition 65 Warnings Website. Please consult your physician before use. E-Juice on our site may contain Propylene Glycol and/or Vegetable Glycerin, Nicotine and Flavorings. Our products may be poisonous if orally ingested. Products sold on the Site have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. For their protection, please keep all products sold on the Site out of reach of children and pets.
PurePuff shall not be liable for any damages that result from your use of products purchased on the Site, including, but not limited to, chargers, atomizers, mechanical mods, batteries, tobacco products, or any other electronics that are used in conjunction with these products.
- Product Pricing and Availability.
Prices and fees for products are found on the Site. We reserve the right to change our prices at any time, without notice to you. 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 and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. 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 to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service 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 that any errors in the Service will be corrected.
Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site and Services for your non-commercial personal use, and only as expressly permitted in these Terms. You shall not use or permit use of the Site or Services for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor of PurePuff, you may not access or use the PurePuff Services without PurePuff’s explicit, advance, written consent, and then only for the purposes authorized in writing. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site or Services; (2) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with PurePuff’s exercise of its intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site or Services for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site and Services, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
- PurePuff Content.
You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “PurePuff Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and PurePuff, PurePuff is the owner of PurePuff Content. You may not reproduce, distribute, republish or retransmit any PurePuff Content or materials posted at the Site except as expressly permitted herein. Except as expressly authorized by PurePuff herein, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or PurePuff Content. Systematic retrieval of data or other PurePuff Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from PurePuff is prohibited.
- Site User Information.
When you post content on the Site or provide information to PurePuff, such as reviews or survey feedback, it belongs to you; however, you grant permission to PurePuff to use that content in connection with our Site. Accordingly, you grant PurePuff a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such content in connection with our Site and Services. You represent and warrant that you have all the necessary rights to grant PurePuff the foregoing license for all content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty.
- Third Party Sites/Information.
The Site may provide links to, or information gathered from, other sites on the Internet. PurePuff makes no representations whatsoever about these sites or this information. Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply PurePuff’s endorsement of any such sites or any association between PurePuff and these other sites’ operators. These sites are not under the control of PurePuff, and you acknowledge that PurePuff, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that PurePuff, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.
- Posting Guidelines.
PurePuff may host message boards, chats, and other public forums on the Site and PurePuff’s social media accounts. Message boards, chats and other public forums are intended to serve as discussion centers for Customers and subscribers of the Site. These are public forums and any information that you post on the Site may be seen by anyone on the Internet. You agree not to post any defamatory, abusive, profane, threatening, offensive, or illegal materials or information. You also agree not to post statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning. You also agree not to post any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner. Customers shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such user’s submission or post. In addition, you grant PurePuff and Customers of the Site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such posted information or materials.
- User Warranties.
User hereby represents and warrants to PurePuff that: (a) you have all requisite rights and authority to use the PurePuff Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the PurePuff Services associated with your Account; (c) you are solely responsible for maintaining the confidentiality of your Account name(s) and password(s); (d) you agree to immediately notify PurePuff of any unauthorized use of your Account of which you become aware; (e) you agree that PurePuff will not be liable for any losses incurred as a result of a third party’s use of your Account, regardless of whether such use is with or without your knowledge and consent; (f) you will use the PurePuff Services for lawful purposes only and subject to these Terms; (g) any information, including documents, that you submit, upload, or send to PurePuff is true, accurate, and correct; and (h) you will not attempt to gain unauthorized access to the Site or the PurePuff Services, other accounts, computer systems, or networks under the control or responsibility of PurePuff through hacking, cracking, password mining, or any other unauthorized means.
- PurePuff Disclaimer of Warranties.
The products sold on the Site are manufactured by third-parties. We make no representations or warranties with respect to such products. THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PUREPUFF, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, SERVICES, OR PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT, SITE OR PRODUCTS ARE FREE OF DEFECTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER CUSTOMERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
Under no circumstances shall PurePuff, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if PurePuff has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Site, the Services, or the products; (ii) your reliance on advice, information, or other content on the Site; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Site; or (vi) any injury, damage or loss resulting from use of the products or Services. Subject to the foregoing exclusions, PurePuff, its affiliates and its licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by PurePuff for the products or service giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if PurePuff has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages PurePuff’s liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify and hold PurePuff and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from (a) your access to and use of the Site, Services, and products; or (b) violation of these Terms by you. PurePuff reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PurePuff in asserting any available defenses.
- International Use.
PurePuff makes no representation that the Site is appropriate or available for use in locations outside the United States, and accessing them from territories where the content or materials on the Site are illegal is prohibited. If you access the Site from locations outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Copyright Policy.
PurePuff respects the intellectual property rights of others and expects visitors to its Site to do the same. PurePuff will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to PurePuff using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
PurePuff reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. PurePuff may also terminate a User’s account if the user is determined to be a repeat infringer. PurePuff’s designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at firstname.lastname@example.org.
- Mandatory Arbitration, Waiver of Class Actions; Choice of Law.
- Scope. This Section 18 is intended to be interpreted broadly and governs any and all disputes between PurePuff and Customers, including but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior; and claims that may arise after the termination of these Terms (“Claims”). The only disputes excluded from this broad prohibition are the litigation of certain intellectual property disputes as provided below.
- Pre-Arbitration Procedure. We hope that we can resolve any disputes with you without resorting to arbitration. If you have an issue or a complaint, you agree to contact us at email@example.com before taking formal action in accordance with paragraph 18.3. In your contact, please provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). PurePuff agrees to use reasonable efforts to address your issue or complaint.
- Binding Arbitration. If, after engaging in good faith negotiations, we cannot reach an agreed-upon solution with you within sixty (60) days, then either party may initiate binding arbitration as the sole means to resolve Claims (except as provided below) subject to these Terms set forth below. You agree that any and all Claims shall be resolved by binding arbitration in accordance with the Consumer Arbitration Rules, as applicable, of the American Arbitration Association (“AAA”), having an address at 220 Davidson Avenue, 1st Floor, Somerset, New Jersey, 08873, or its successor. Information about AAA, including its rules and procedures, can be found at www.adr.org. If AAA, or its successor, is unable to arbitrate a particular Claim, then that Claim shall be resolved by binding arbitration pursuant to the rules and procedures of an equivalent organization as mutually agreed by the parties. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate and the Terms, including but not limited to, any claim that all or any part of this agreement or the Terms is unenforceable. All fees awarded by AAA, or its successor, shall be paid in accordance with the fee schedule under the Consumer Arbitration Rules, as applicable. All fees awarded by any other equivalent organization as mutually agreed by the parties shall be paid in accordance with the rules and procedures of the equivalent organization. Arbitration awards may be enforced in any court of competent jurisdiction. The provisions of this paragraph shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and shall survive settlement. EXCEPT AS MAY BE PROVIDED IN AAA’S CONSUMER DUE PROCESS PROTOCOL THAT ALLOWS CONSUMERS TO FILE CERTAIN CLAIMS IN SMALL CLAIMS COURT, YOU AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO A TRIAL IN COURT, EITHER WITH OR WITHOUT A JURY.
- Class Action Waiver. You and PurePuff expressly waive the right to file a class action or seek relief on a class basis. YOU AND PUREPUFF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Intellectual Property Exclusion. Notwithstanding the parties’ decision to resolve all disputes through arbitration, PurePuff may bring enforcement actions, validity determinations, requests for emergent relief, including temporary restraining orders or preliminary injunctions, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights in the Site.
- Survival. This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Site.
- Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its conflict of laws principles. Any action or proceeding by PurePuff to enforce these Terms under Section 18.5 shall be brought in a state or federal court located in New Jersey. User irrevocably submits to the exclusive jurisdiction of such courts and waives the defense of inconvenient forum to the maintenance of any such action.
- Modifications to Site and Services.
PurePuff reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or services offered through the Site, including the Services, with or without notice. You agree that PurePuff shall not be liable to your or to any third party for any modification, suspension or discontinuance of the Site or some or all of the services offered through it.
- Severability and Integration.
- Contact Information.
If have any questions or should you need any additional information about issues relating to the Site, please contact us at firstname.lastname@example.org.