Conditions of Use

*Conditions of Use*


BEFORE CONTINUING, PLEASE READ THE CONDITIONS OF USE BELOW. ANY INDIVIDUAL OR ENTITY WHO USES THIS SITE MUST AGREE TO THE CONDITIONS OF USE AND THE TERMS THEREIN AS WELL AS ANY OTHER APPLICABLE LAWS BEYOND THOSE LISTED. PLEASE DISCONTINUE ANY FURTHER USE OF THIS WEBSITE IF YOU DO NOT AGREE TO THE BELOW TERMS. USE OF THIS WEBSITE BINDS THE USER TO THE TERMS AND CONDITIONS WRITTEN HERE.


Any use of the terms "we, our, us, and company" refers to The Vaporium and its members, directors, officers, and employees. Any use of the terms "you, your, and user" refers to you, the consumer.

 

*Returns*

All sales are final. However exceptions are made on a case-by-case basis, if you have any questions about a potential return please see the contact us page and title the e-mail RMA Request. If you qualify for an RMA you will be e-mailed detailed instructions. The following category of items under no circumstances qualify for an RMA request: e-Juice, Drip Tips, Coils, Gauge wire, and some batteries. Restocking fee's may apply.


*A WARNING FROM THE VAPORIUM* 
Nicotine is an addictive substance. It’s a fact. That is why we HIGHLY recommend that any non-smoker do not begin using any substance containing nicotine, including the ones listed within this website. Our products should not be used by women who are pregnant, who could become pregnant, individuals under the age of 18, and anyone advised by their physician not to use nicotine products. Please keep our products away from animals and children. Our products are not recognized by the FDA as a smoking cessation product. If you have any health related questions about the use of any of our products that we sell on this website, please see your personal healthcare physician. Here at The Vaporium we want to assist you with making informed decisions and, while we do our due diligence to make sure the information we provide is as accurate as possible, we have not performed any clinical trials or toxicology tests on the third-party vaporizers we sell here and therefore cannot contest directly to the safety of their use. This website should not be your sole source of information. Use at your own discretion and risk.


*RESTRICTION OF AGE*
Only individuals who are 18 years or older should use this website. If you are under 18, you must exit the website now and are not authorized to purchase our products. If there is a higher minimum age for purchasing nicotine products in your state, you must be of at least the applicable age to further use this website or purchase our products.


All content included in this site, including but not limited to photos, graphics, product details or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Vaporium. The collective works that are licensed to The Vaporium.


*WEBSITE DISCLAIMER*
Warranties are only applied to applicable batteries (See production description) there is 90 day manufacture warranty on most of our batteries. To the fullest extent permissible pursuant to applicable law The Vaporium disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not guarantee that functions within our website are error-free, that these function will remain uninterrupted, that this site or the site server will remain free of viruses or other harmful components, and that defects contained within the website will be corrected. The Vaporium cannot be held liable for any use or misuse of the site. The Vaporium does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

*LIMITATION OF LIABILITY*

Advice from your health care practitioner will receive precedence over any information provided within this site; information contained within these pages are provided for educational purposes alone. This information should not act as a replacement for any advice provided by your doctor or primary health care physician. The Vaporium shall not be held liable, under any circumstances, for any damages from the use of, or the inability to use, the information and products received from this site, whether these damages be direct, indirect, incidental, special, or consequential. This limitation of liability remains applicable even if The Vaporium has been made aware of the possibility of such damages. We cannot, and will not, be held liable for any loss of health or personal injury in conjunction with the use or misuse of our products. By using our products, or any third party product sold on this website, you agree your use of these products is at your sole discretion and risk; furthermore, our maximum liability in any event will be equal to the purchase price of the product you buy. Some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but will apply to the maximum extent permitted by your state.


*TRADEMARKS*
All trademarks, service marks and trade names of The Vaporium used in the site are trademarks or registered trademarks of The Vaporium.


*PAYMENT*
You agree to pay for all products purchased through this site under your account by any person by one of the following methods: credit card. In addition, if The Vaporium incurs any penalties due to inability to collect a payment under your account, you agree to pay the penalty amount in full.


*PARTICIPATION DISCLAIMER*
The Vaporium will not be held responsible for content on the website that is posted or created by its users. By accessing this site, you acknowledge that The Vaporium is under no obligation to filter, censor, or eliminate any content posted by the user community. Furthermore, by providing you with the ability to view and distribute user-generated content you acknowledge that The Vaporium is simply acting as a passive conduit for such distribution. However, The Vaporium 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 The Vaporium in its sole discretion.


*REVISIONS TO TERMS AND CONDITIONS*

At any time The Vaporium reserves the right to make changes to these conditions of use. It is the user’s responsibility to remain updated on any changes and to fully comprehend the terms to which you agree by using our site. The Vaporium is not required to update you of any changes that are made to our conditions of use.


These conditions of use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These conditions of use, or any part of them, may be terminated by The Vaporium 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.


*NOTICE*
The Vaporium may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to The Vaporium.


*TYPOGRAPHICAL ERRORS*
If a Vaporium product, or any third party product that is offered on our website, is mistakenly listed at an incorrect price, The Vaporium reserves the right to refuse or cancel any orders placed for the product listed; this right is reserved regardless of the payment and/or order status. If your account has already been charged for the purchase and your order is cancelled, The Vaporium shall issue a credit to your account in the amount of the incorrect price. This also applies to coupons which are incorrectly calculated in the shopping cart. We reserve the right to correct the mistake and adjust it so the correct value is issued.


*MISCELLANEOUS*
Your use of this site shall be governed in all respects by the laws of the state of Washington, USA, 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 The Vaporium products) shall be in the state or federal courts located in Washington. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Vaporium products) must be commenced within one (1) year after the claim or cause of action arises. The Vaporium 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. The Vaporium may assign its rights and duties under this Agreement to any party at any time without notice to you.


*INDEMNIFICATION*
You agree to indemnify, defend, and hold harmless The Vaporium, its officers, directors, employees, agents, licensers 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.


*USE OF SITE*
By using this site you agree to keep all content that distributed through the site in compliance with your local, state, and federal laws; in addition harassment in any manner or form on this site is strictly forbidden. This condition covers distribution methods such as, but not limited to, chat, e-mail, and forum posts. Impersonation of others is strictly prohibited; this condition extends to all users as well as The Vaporium employees, hosts, representatives, and anyone who is affiliate with The Vaporium. Any content that may be deemed abusive, illegal or libelous, defamatory, obscene, threatening, or invasive of privacy or publicity rights may not be uploaded to this website. 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.


*THIRD-PARTY LINKS*
The Vaporium may link to sites operated by third parties and cannot be held liable for content, privacy and data collection practices associated with these websites; we simply provide you with the links to these sites for convenience. You access these websites at your own risk.