Terms and Condition
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TheVapery. The collective work includes works that are licensed to TheVapery. Copyright 2011, TheVapery ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TheVapery or purchasing TheVapery products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TheVapery or to purchase TheVapery products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TheVapery. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
“You” or “Your” means you as a participant in or as a user of www.TheVapery. “We” or “Our” or “Us” means TheVapery. “Our site” means TheVapery. All information transmitted, printed or otherwise submitted to TheVapery via this website shall be deemed to be the property of TheVapery and TheVapery shall be free to use such information for any lawful purpose as detailed herein.
Information / Data Collection
We automatically collect and/or track the following: Web page http headers (home server domain names, IP address, type of client computer, and type of Web browser) Information knowingly provided by you through on-line forms, registration forms, surveys, and/or other entries, such as email addresses, personal, financial or demographic information Information, user specific or aggregate, on what pages our visitors access E-mail addresses of visitors that communicate with TheVapery via e-mail.
Use of Information / Data Collected
We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our company and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online. By using this site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry Information collected by us may be added to our databases and used for future e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online.
Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider’s name, and the date, time, and content of your messages. In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. We may use personal information to provide the services you’ve requested, including services that display customized content and advertising.
You may remove your information from our database. If you remove your information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to info@TheVapery or by sending “STOP”, “END”, “QUIT” to the SMS text message you have received.
Third-party Data / Information Disclosure
If you choose to provide personal information, it will be used for the following purposes:
Consideration of your application for a TheVapery LLC account as required by law; and for marketing products and services which we determine, in our sole judgment, that you might find of interest. We reserve the right to share, rent, sell, or otherwise disclose data we collect to third parties. Any third party we share, rent, sell, or otherwise disclose data to will be carefully prescreened by us, determined by us to be reputable, and will use the personal data for marketing products and services which we determine, in our sole judgment, that you might find of interest.
Your Opt-Out Rights
You may opt-out of receiving communications from us and or our partners by not submitting your information. We also allow you to remove your information from our marketing lists. If you remove your information from our marketing lists it will no longer be used by us to send promotional correspondence to you. You can remove your information by sending your request in writing via email to info@TheVapery.
We Do Not Intend to Collect Data from Children
The information and services provided to us or our affiliates, sponsors, and advertisers are not intended to be viewed by children (under 18 years old). No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside TheVapery, nor is any part of TheVapery web site is designed to attract anyone under the age of 18. Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.
All trademarks, service marks and trade names of TheVapery used in the site are trademarks or registered trademarks of TheVapery LLC.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, unless otherwise noted. TheVapery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TheVapery does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
TheVapery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TheVapery has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a TheVapery product is mistakenly listed at an incorrect price, TheVapery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TheVapery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TheVapery shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TheVapery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
TheVapery may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TheVapery.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TheVapery products) shall be in the state or federal courts located in Riverside County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TheVapery products) must be commenced within one (1) year after the claim or cause of action arises. TheVapery’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TheVapery may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TheVapery or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
TheVapery does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TheVapery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TheVapery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TheVapery in its sole discretion.
You agree to indemnify, defend, and hold harmless TheVapery, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, TheVapery may link to sites operated by third parties. However, even if the third party is affiliated with TheVapery, TheVapery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TheVapery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TheVapery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
These 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 products at your own risk. Under no circumstances will TheVapery 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 use of, or reliance on any product on this site. Our products are intended for ADULTS only. Our Products are not to be used by anyone under the legal smoking age of the state they reside in. Other Groups that should consult a physician before use Included (but are not limited to): Those who suffer from heart disease or high blood pressure. Pregnant, nursing, or those thinking of becoming pregnant. Those allergic to nicotine or other PG or VG based products.
Lithium Ion Battery Warning
CAUTION: when working with Li-ion cells, they are very sensitive to charging characteristics and may explode if mishandled. User should have enough knowledge on Lithium-Ion rechargeable batteries in charging, discharging, and assembly before use. Put the batteries in fire-proof container. Never leave batteries unattended when charging or while in use. Do not put batteries on wood surface or carpet when charging. Make sure to charge in Fire-Proof container. We are not responsible for damage of any modification to the batteries in form or shape. We are not responsible for any damage caused by misuse or mishandling of theses Li-Ion batteries.
Product Image Disclaimer
Product image for illustration purposes only.
Cookies are pieces of information that are stored on a user’s computer when the user accesses a Web site. Cookies do not collect personal identifying information about the user. There are two types of cookies that may be used at the TheVapery website: a persistent cookie and a session cookie. A persistent cookie gets entered by your Web browser into the “Cookie” folder on your computer and remains in this “Cookie” folder after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site.
A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut off your computer.
Email Address: firstname.lastname@example.org
TheVapery understands consumers’ concerns over the use of their personal information. We hope this information will relieve any concerns your company may have regarding our email policies.
TheVapery and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy to send unsolicited email. We obtain email addresses and personal information from third parties that follow the same set of policies.
TheVapery marketing email messages sent include the following information about the origin of the emails and include instructions on how recipients can unsubscribe from receiving future email messages:
This email is not sent unsolicited
Offers are sent to subscribers ONLY
From time to time, TheVapery will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case the third party websites have represented and warranted to us, among other things,
• that the data was collected voluntarily from individuals on website registrations and co-registrations
• that the sellers have a right, under any applicable privacy statements, to transfer the data to us that TheVapery has the right to send marketing offers to the individuals.
We hope this information satisfies any questions or concerns you may have regarding the email practices of TheVapery. If you have additional questions or wish to discuss this matter further, please contact us at email@example.com