DIRECTVAPOR Terms & Conditions
Last Modified & Effective Date: May 25, 2018
DirectVapor E-Cigarette - Terms of Offer
Welcome to DirectVapor.com - In visiting this website, you agree to accept the following terms and conditions of DirectVapor Inc. (hereafter referred to as “DirectVapor”). Please read each section carefully. To fully understand the conditions and business practices of DirectVapor and your guidelines for conducting business with us, please review our Privacy Notice.
If we make any changes to these terms and conditions we will notify you by posting a notice on this site. By placing any subsequent orders, you will be accepting the changed terms and conditions.
DirectVapor electronic cigarette products are intended for use exclusively by adult smokers and in no way ever intended for use by pregnant women or those who have nicotine sensitivities. Nicotine, as it is commonly known, is a highly addictive substance and may possess unknown health dangers. DirectVapor electronic cigarettes are not intended for use as smoking cessation devices; they are merely alternatives for those who wish to use smoke-free, tobacco-free devices that provide utmost pleasure.
SURGEON GENERAL'S WARNING:
Smoking is Known to Cause Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy.
Warning: CONTAINS LIQUID NICOTINE - KEEP OUT OF REACH OF CHILDREN. YOU MUST BE OVER 18 YEARS OF AGE AND OF THE LEGAL AGE IN YOUR JURISDICTION TO BUY AND OR USE ANY DirectVapor® 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 heart-condition, diabetes, high blood pressure or asthma, consult your physician before using DirectVapor nicotine products. Just like traditional tobacco cigarettes, DirectVapor Electronic Cigarettes are not approved by the American FDA. California residents: WARNING: Use of this product can expose you to (a) chemicals, including nicotine, known to the State of California to cause birth defects or other reproductive harm, and (b) chemicals, including formaldehyde and acetaldehyde, known to the State of California to cause cancer. DirectVapor 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 anytime without prior written or oral notice.
Nicotine liquid is harmful when it comes in direct contact with the skin. Should this occur, the area of skin should be washed immediately upon contact with soap and water. Should the nicotine liquid get swallowed or placed in the mouth at all, immediately seek medical attention due to the risk of nicotine poisoning. Stay smart; stay safe!
DirectVapor Inc. offers DirectVapor e-liquids in an assortment of flavors and nicotine concentrations packed in 10ML & 30ML. Please note that bottles are made available to consumers located in the European Union before and after May 20, 2016 only: i) via authorized wholesalers and retailers located in European Union countries who intend to ultimately resale the product to consumers located in the European Union and directly where relevant; ii) under specific terms and conditions of sale established by DirectVapor Inc., which are subject to change from time to time; iii) to the extent of the inventory in stock; and iv) to the extent sale and import is lawful in relevant EU countries under Articles 20, 30(b), 2(40) of Directive 2014/40/EU and other relevant law.
DirectVapor - Terms of Offer
Statements made on this site, or any of the materials, products, e-liquids, or devices distributed or sold by www.DirectVapor.com have not been evaluated by the Food and Drug Administration. These products are not intended in any way to help users to stop smoking. They are not stop smoking devices, cessation devices, or made to assist in quitting smoking. They have not been made with the intention to diagnose, treat, cure, or prevent any disease known to modern medicine. If you are pregnant, nursing, taking medications, or have a history of heart conditions, we highly suggest you go with the intelligent course of action and consult a physician or official medical professional before using any of our products.
Industry News Powered by DirectVapor provides timely reporting and analysis of the vapor industry's most current news, events, and innovations. All stories aim to be objectively journalistic in nature and do not specifically promote DirectVapor products or services.
The DirectVapor Blog is a separate resource on the subjects of vaping and electronic cigarettes that may contain promotional materials or references. Content contained therein may include (but is not limited to) how-to articles, vape tips/tricks, seasonal product updates, opinion pieces, and general information. Any opinions published belong to the individual authors and do not reflect the viewpoints or policies of DirectVapor and its employees.
Information published on DirectVapor.com is NOT medical advice nor should it be used in lieu of any advice provided by a licensed medical professional or health care provider. Likewise, this website does not provide legal counsel or legal advice.
All content is for informational use only by adults of legal vaping age. While the timeliness and accuracy of all information found on this website is routinely checked, its accuracy or completeness cannot be guaranteed. DirectVapor does not accept any legal responsibility or liability for any of the content contained on this website.
*Home Delivery Program
If you enroll in the Home Delivery Program, you will be billed accordingly to the amount of refills you have requested when you signed up, plus shipping and handling to receive a fresh supply of DirectVapor's e-liquid and/or cartridge refills for as long as you choose to stay a member of the DirectVapor Home Delivery. The credit card you provided when you set up your membership will be automatically billed for these charges, as stated when you signed up. To cancel future shipments in the Home Delivery, you must call 1-855-93-VAPOR at least 1 business day prior to the date that your next monthly delivery will ship. Our customer service center is open Mon-Fri: 8am - 10pm EST.
The price of our products may vary and you can expect that they will be disclosed adjacent to the Product on the Website. You can expect that your credit card will be billed for this amount on the date your order is placed, and it will appear as a separate transaction on your billing statement. Please understand that you manifest YOUR AGREEMENT to ordering any of our products as well as to this immediate charge by clicking any button containing the words of confirmation including 'Submit' ‘Confirm my Order' ‘Confirm This Purchase' 'Yes Please', 'I Agree', 'Rush My Order', or similar syntax, whether You have read these terms or not.
Most purchases are subject to sales tax; expect to see it charged on your order total. Should you purchase any products available on the DirectVapor Website, you are explicitly responsible for paying any of the applicable sales tax indicated on the Website.
We reserve the right, to actively report and/ or prosecute actual and suspected credit card fraud. Should there be a need to, it is in 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 form the shipper any order we suspect is fraudulent. During the ordering process, we capture certain information, and this includes date, time, IP address, and other information that is used to locate and identify individuals who are committing fraud. Should any order through our Website be suspected of fraud, we reserve the right, though we undertake no obligation, 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 fullest extent of the law.
The Delivery Confirmation Policy
You agree that any delivery confirmation (and that includes those that which do not warrant a signature) provided by the shipping provider you have selected is deemed sufficient as proof of delivery to you as the credit card holder responsible for this transaction.
Cancellation of Future Deliveries of DirectVapor Products
You are always free to cancel or modify any future deliveries of DirectVapor refill products. In order to do so, You must call our Customer Service Department at 1-855-93-VAPOR and we are available Mon-Fri: 8am – 10pm 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.
The Return Policy
No getting around it; all items must be returned within a period of 30 days of order or billing.
Shipping and handling charges as well as other additional charges are non-refundable.
We strictly DO NOT accept CODs or third party billing for merchandise which has been returned.
Should you receive any products that have arrived to you upon delivery bearing extensive damage, you must call a Customer Case Representative immediately at 1-855-93-VAPOR.
In order to be considered for reimbursement, you must do the following:
Call our Customer Service Department at 1-855-93-VAPOR and we are available Mon-Fri: 8am – 10pm EST, within a period of 30 days from the purchase (product issues not declared during this 30-day window are not entitled to a refund).
For safety reasons, we cannot accept any returns on bottled e-liquids. We also cannot accept returns on opened cartridges, cartomizers or tanks.
Once you have received your Return Merchandise Authorization (RMA) number, you can send the merchandise back to us (postmarked within that 30-day time period, of course). This RMA number is necessary, and it must be clearly written on the outside of the package. Our shipping department will NOT, under any circumstances, accept packages that do not have an RMA number on them. Furthermore, the cost of return shipping is your responsibility.
Returns should be sent to:
DirectVapor Returns Department
14300 Commerce Way
Miami Lakes, FL 33016
We do not, and will not accept returns, or issue refunds for packages which are marked “return to sender” or “refused.” If you return a package, we highly suggest you get poof of the shipment, for records and, well, proof should anything go wrong.
Upon the receipt of your returned product, being that it does include the valid RMA number, a refund will then be issued to the credit card used to make the purchase.
Once a return is received by our shipping department, it takes generally between 5-10 business days for the processing of refunds. Once a return is processed, it is possible for it take up to one billing cycle for this return to be posted to your account, depending on your financial institution.
As stated prior, shipping and handling charges are non-refundable.
Most DirectVapor items come with a 90- day warranty. If you experience an issue with your product while it's under warranty, please contact us to receive an RMA (Return Merchandise Authorization). Upon receiving the RMA number, ship back ONLY the item that is defective within 20 days to facilitate an exchange.
PLEASE NOTE: Return shipping is not pre-paid and can be returned either by USPS first class mail or by flat rate priority padded envelope. Once the item is inspected and deemed to be a manufacturing defect the shipping cost will be refunded to your account.
Warranty Does Not Include E-liquids, Clearomizers, Cartomizers, Atomizer Heads, Tanks or Drip Tips. Warranty covers manufacturing defects ONLY and will not cover issues related to abuse, misuse or normal wear and tear including dust, humidity or heat.
Replacements may be obtained by contacting Customer Service at 1-855-93-VAPOR. It is required for the defective product to be returned to us, and must include a DirectVapor-issued RMA (Return Material Authorization) written on the outside of the package, sent prepaid and properly packaged for safe shipment. DirectVapor will then send a new replacement item to you with prepaid ground shipping.
The DirectVapor 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, DirectVapor 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 DirectVapor.
In no way, under any circumstances, will DirectVapor 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.
BY USING OR ACCESSING ANY PART OF THIS WEBSITE, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE NOT IN AGREEMENT WITH BEING BOUND, SIMPLY DO NOT ACCESS OR USE THIS WEBSITE.
PLEASE BE AWARE THAT INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS ARE SUBJECT TO FREQUENT CHANGES. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISIONS OF THIS AGREEMENT THAT MAY BE PUBLISHED ON THIS WEBSITE.
Terms of Using the Web Site.
(a) Eligibility. With the exceptions expressed below, Services are to be used only by, and Membership is limited to, only those individuals who can form legitimate, legally binding contracts under applicable law. This goes without limitation, as minors are strictly prohibited from becoming DirectVapor Members and, except as specifically stated below, using our fee-based Services. DirectVapor Membership is defined by engaging in and completing a purchase agreement with DirectVapor wherein you, the consumer purchase one of the products found on the Web Site.
(b) Compliance. Simply put; you must comply with all terms and conditions of this Agreement, all of the policies referenced below, and all of the necessary applicable laws, regulations and rules when you use the Web Site.
(c) 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 for your own non-commercial purposes, subject to the terms and conditions of this Agreement. You are not free to use any third party intellectual property without the expressly written permission of the applicable third party, except as permitted by law. DirectVapor and its licensors 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 in this Agreement. You have no right to copy, use, perform, display, or create derivative works from, transmit, distribute, have distributed, or sublicense from materials or content available on the Web Site, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the Services.
(d) Prohibited Conduct. When using this DirectVapor Website and Services, 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 and individual, or disrupt or interfere with the security or use of the Services, this Website, or any of the websites linked to this Website; (iii) interfering or damaging this Website or Services 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 or the Services; (viii) using any meta tags, or any other “hidden text” that may utilize the DirectVapor 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 Services; or (xi) assisting any third party that may be engaging in any of these activities prohibited by this Agreement.
(e) Electric Communications. Anytime you send DirectVapor an e-mail, or log in to our website at DirectVapor.com, you are communicating with us in an electric format. This gives DirectVapor, the permission to communicate back to you in the same electric format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by DirectVapor satisfies all legal notification requirements.
(f) Other Users. If for some reason, you become aware of any conduct that is in violation of this Agreement, we strongly encourage you to contact our Customer Service department immediately. We reserve the right, but hold no obligation to respond to such communications.
(a) 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, in any form of media currently used/ 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, if any truly exist.
(b) Objectionable Content. As an adult, legally able to use this Website, you are solely responsible for you interactions with other users of the site and any of the content you create and post. DirectVapor 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 obligated in any way, 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 lewd, lascivious, obscene, filthy, excessively violent, harassing, or in any way otherwise objectionable (and this includes without limitation, because it violates this Agreement).
Accuracy of Information.
We 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, and other inaccuracies or errors. We assume no responsibility for these errors and omissions, and we reserve the right to: (i) revoke any offer that has been states on the Website; (ii) correct any of these inaccuracies, errors, or omissions; and (iii) makes any necessary revisions or changes to prices, content, promotions, descriptions of product or specifications, or any other type of information on the Website.
All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and International copyright laws. No portion of the information on this website may be copied or reproduced in any form, or by any means, without prior written permission from DirectVapor. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any DirectVapor publication for any public, private, or commercial purpose.
Intellectual Property Rights.
(a) Copyright. Our Copyrighted material cannot be used without permission. All of the design, logos, graphics, text, other files, and the selection and arrangement thereof are either owned exclusively by us (Copyrighted) or are the property of our suppliers, licensors, or other companies.
(b) Trademarks. DirectVapor is a trade name, and it's 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 or trade dress we own. You may not use any of such trademarks, trade dress, or trade names without our express written permission.
Third Party Websites.
DirectVapor.com may contain links to other websites on the Internet owned and operated by third parties. We have no control of the information, services, or products available on these third party sites. The inclusion of links to these sites is not meant to imply our endorsement of the website, or any association with the website owners/ operators. Because we maintain no control over such websites and resources, you are in agreement that we are not responsible or liable in any way for the availability or the operations of these external websites. We are not responsible or liable for any material located on 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 in way, participations 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 associates with these dealings and/or promotions, such interactions are between you and the applicable advertiser/ third party. You are agreeing that we shall not be responsible or whatsoever liable, directly or indirectly, for any loss or damages caused by the usage or reliance on any such material available on or through any site or dealings or promotions.
Linking and Framing.
You may not deep link to portions of the DirectVapor Website, frame, inline link, or similarly display any of our property, which includes without limitation, the Website. You are prohibited from using any of our logos or trademarks as part of a link without our express written permission.
Should you choose to comment or leave feedback, suggestions, ideas, or other disclosed submissions you submit or offer to us in connection with your use of the Website becomes our property. Such disclosure, submissions, or offering of suggestions or comments constitutes an assignment to us of all worldwide right, title, and interest in all patent, copyright, trademark and all other forms of intellectual property and all other rights whatsoever in and to the Comments and a waiver of any such claim based on moral right, unfair competition, breach of implied contract, breach of confidentiality, and any other type of legal theory (obscure or otherwise). At our cost, you will execute any documents to affect, record, or perfect such assignment. Therefore, we will own exclusively all rights, titles, and interest, and we shall not be limited in any way towards the manner which we use these Comments; commercial or otherwise. If you are opposed to assigning us any such rights over Comments you make, you should not submit any Comments on the Website.
We are, and will be under no obligations to: (i) to maintain any Comments in confidence; (ii) to pay you, or any third party any type of compensation of Comments made on our Website;(iii) to address or respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree that you will defend, indemnify, and hold DirectVapor 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 or transmit, or may obtain through the Service, (b) you 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 incur an obligation to provide indemnification pursuant to this provision, we hold the ability to, in our sole and absolute discretion, 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 expressed consent.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a) DISCLAIMER OF WARRANTIES. DirectVapor 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, IT'S 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 NOT 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, MERCHANTABILITY AS WELL AS NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. WE WISH TO INFORM YOU THAT THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT CAN REFLECT OUR CURRENT EXPECTATIONS REGARDING ANY FUTURE EVENTS AND FUTURE BUSINESS DEVELOPMENT. BE IT KNOWN THAT FORWARD-LOOKING STATEMENTS DO INVOLVE A CERTAIN AMOUNT OF RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS HAVE THE POSSIBILITY OF DIFFERING MATERIALLY FROM THOSE WHICH WERE PROJECTED AND IT ALL DEPENDS ON A NUMBER OF VARIABLE FACTORS, MANY OF WHICH ARE OUTSIDE OF OUR CONTROL.
(c) HEALTH-RELATED INFORMATION. ON THE WEBSITE WE PROVIDE MATERIAL FOR INFORMATIONAL PURPOSES STRICTLY. NONE OF THIS CONTENT IS MEANT TO SUBSTITURE THE EXPERT ADVICE OF DOCTORS OR OTHER HEALTH CARE PROFESSIONALS. NONE OF THE INFORMATION ON, OR AVAILABLE THROUGH THIS WEBSITE IS INTENDED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITIONS. IT IS YOUR REPSONSIBILITY TO CAREFULLY READ THIS AGREEMENT, PRODUCT INFORMATION AND INSTRUCTION PRIOR TO USE.
(d) PRODUCTS. ALL DirectVapor PRODUCTS SOLD ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR REPSECTIVE MANUFACTURERS, SUPPLIERS, AND DISTRIBUTERS, IF ANY, PROVIDED IN THE PACKAGING OF THE PRODUCT. TO THE FULLEST EXTENT OF THE LAW WHICH IS PERMISSABLE, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER THEY ARE EXPRESSED 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 DEFECR OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL USE, MISUSE, ABUSE, NON-DirectVapor MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR ANY TYPE OF OF MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. DirectVapor WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT ANY LIMITATION, DAMAGES WHICH MAY RELATE TO LOST PROFITS, LOSS OF DATA, OR GOODWILL) ARISINF FROM, RELATING TO OR IN CONNECTION WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION IN WHICH THEY ARE BASED, INCLUDING IF THE USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT SHALL WE AGGREGATE LIABILITY THAT ARISES FROM, RELATES TO, OR MAY HAVE A CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, CLAIMS WHICH RELATE TO THE WEBSITE, OR THE PRODUCTS) EXCEED A SUM GREATER THAN $100 OR THE AMOUNT YOU PAID FOR DirectVapor PRODUCTS.
In the event of a force majeure, deeming the Website unable to provide the Products, you acknowledge and understand that DirectVapor will not be breaching any portion of its obligation towards You under this Agreement. A force majeure event is one that occurs and extends beyond the control of DirectVapor. FOR THE RECORD: THE WEBSITE SHALL HAVE NO LIABILITY TO YOU, WHETHER IT BE 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.
Domestic Usage; Exportation Restriction.
This Web Site 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) are appropriate or openly available for use in other locations. For users accessing the Website outside of the United States of America, this action is done on their own personal initiative and they hold all responsibility for complying with local laws, wherever applicable. In addition, the export control laws of the United States prohibit the exportation of certain technical data and software to certain territories. No portion of the content from this Website may be downloaded as it violates United States law.
WAIVER OF CLASS ACTION RIGHTS.
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.
Limitation of Actions.
You acknowledge as well as agree that, regardless of any statute or law of 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 action arises, or it shall be forever be barred.
We possess the right to terminate your access to the Website if for any reason we believe you have breached any of the terms and conditions of this Agreement. Following termination, you will be strictly prohibited from using this Website and we may, at our own 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 the Website, and this includes though it is not limited to, technological barriers, IP mapping, and additionally direct contact with your Internet Service Provider. This Agreement will serve indefinitely unless and should we decided to terminate it, regardless of whether any account you open is terminated by yourself or DirectVapor, or if you hold the right to access and use the Website.
This Agreement contains the entire understanding between yourself and DirectVapor regarding all usage of this Website, and it supersedes all prior and contemporaneous agreements and any understandings between yourself and DirectVapor relating thereto.
By visiting DirectVapor.com, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DirectVapor or its affiliates.
Any dispute relating in any way to your visit to DirectVapor.com or to products you purchase through DirectVapor.com shall be submitted to confidential arbitration in the State of Florida, except that, to the extent you have in any manner violated or threatened to violate DirectVapor's intellectual property rights, DirectVapor may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator`s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.