Effective August 1, 2014
Eliminator Vapes Terms of Offer
THIS WEBSITE IS INTENDED FOR THE USE BY ADULTS ONLY. IF YOU ARE UNDER THE AGE OF 21 YOUR VISITATION TO THIS SITE IS NOT WELCOME, AND WE ASK YOU WITH ALL SINCERITY AND SERIOUSNESS TO EXIT IMMEDIATELY. YOUR PRESENCE ON THIS SITE IS AN AGREEMENT FOR YOURSELF THAT YOU ARE OF A MINIMUM AGE, 21.
FURTHERMORE, IF YOU RESIDE IN THE STATE OF OREGON, YOU MAY NOT PURCHASE OUR PRODUCTS BY LAW. THIS IS NOT OUR RULING, HOWEVER AS A LAW-ABIDING CITIZEN, IT IS YOUR DUTY TO ADHERE TO YOUR GOVERNING RULES.
BY NO MEANS ARE ANY OF OUR PRODUCTS CONSIDERED, OR TO BE USED AS "CESSATION" OR "QUIT-SMOKING’ DEVICES. MANY PLEASANT ADJECTIVES CAN BE USED TO DESCRIBE THEIR EFFECT ON THOSE WHO FIND THEM ENJOYABLE, SUCH AS GRATIFYING, SATISFYING, THRILLING, AND DELICIOUS ALTERNATIVES TO TRADITIONAL TOBACCO SMOKING AS THEY PROVIDE (OPTIONAL) NICOTINE VIA A PERSONAL-USE ATOMIZING/ VAPORIZING DEVICE. PLEASE BE AWARE. NICOTINE IS A HIGHLY ADDICTIVE SUBSTANCE, AND THERE IS CONTROVERSY REGARDING ITS SAFETY. THERE ARE A GREAT VARIETY OF POSSIBLE SIDE EFFECTS, WHICH MAY INCLUDE, ALTHOUGH IN NO WAY LIMITED TO, HIGH BLOOD PRESSURE, NAUSEA, VOMITING, AND CANCER.
IN NO WAY, SHOULD ANYONE UNDER THE AGE OF 21 USE THESE PRODUCTS.
NO PERSON WHO IS KNOWN TO BE, OR MAY BE PREGNANT, OR THOSE WHO ARE BREASTFEEDING SHOULD USE THESE, OR ANY SUCH SIMILAR PRODUCTS.
INFORMATION AND ALL STATEMENTS IN RELATION TO THESE PRODUCTS HAVE NOT BE EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. ELECTRONIC CIGARETTE PRODUCTS, AND ALL RELATED TO VAPOR SMOKING SOLD BY SD ECIG CO. ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, PREVENT, OR ADDRESS ANY AILMENT, DISEASE, OR CONDITION. THEY ARE MEANT TO BE USED AT YOUR OWN DISCRETION, EXCLUSIVELY.
The statements found on this website, in addition to any of the materials, products, accessories, nicotine e-liquids, or devices distributed and/ or sold by www.EliminatorVapes.com have not been evaluated or inspected by the Food and Drug Administration (FDA). These products are, in no way, intended to assist smokers in their desire to halt or stop smoking. They are not cessation devices, or designed with the intention of aiding anyone in quitting smoking. They have not been designed or manufactured with the intention of diagnosing, treating, curing, or preventing any disease, ailment, or irk known to modern medicine. If you are, or think you may be pregnant, are currently nursing, taking medications, or have a history of heart conditions, we suggest consulting a physician or licensed medical professional before using any of our products. Choose safety, above all.
We want to be straightforward and clear: the price of all products can vary, and you can expect the prices to be clearly displayed with the product on our Website. You should understand that this is the amount you will be billed for at the time and date you place your order, and this should be reflected on your billing statement. Please understand that you are manifesting YOUR AGREEMENT to the ordering of any Products on our Website, as well as to charges made upon the clicking of any button that contains the words to confirm such an action, which may include "Submit" "Confirm My Order" "Confirm this Purchase" "Yes Please" "I Agree" "Rush My Order" or any such similar syntax or semantics, regardless of whether you have or have not read through these Terms or not.
Delivery Confirmation Policy
Any number of occurrences can go wrong between shipping and delivery, at your particular address. Because of this, you are acknowledging that you understand and agree that any delivery confirmation, including those that do not require a signature, provided by the shipping provider of your choice is sufficient proof of delivery, as the credit card holder who is responsible for this transaction.
Eliminator Vapes offers a 30 day warranty on select items. If you experience a manufacturer defect with your product during this warranty period, please contact us so that we may begin the process of issuing an RMA (Return Merchandise Authorization) number. Once you receive the RMA number, please ship the defective item to us within 30 days of the order received date to facilitate an exchange.
Eliminator Vapes 30-Day Warranty includes:Regulated Box Mods, Battery Chargers, and Tanks (non-rebuild able). All other items are to be considered FINAL SALE.
Upon inspection, if the product is deemed to be a manufacturer defect we will ship you a replacement item or issue a store credit for the exact amount you paid including taxes but excluding shipping to your customer account on this website.
The importance of obtaining and including an RMA number when processing returns and replacements is of great importance. Replacements can be obtained by contacting our Customer Service department at (858) 251-0039. Should you have a defective item, it is imperative that we receive it. All return packages must contain a Eliminator Vapes-issued RMA number written on the outside of the package, and we suggest packaging all return items safely and securely.
The Eliminator Vapes 30-Day Warranty is defined as the ‘serviceable life of the product in question.’ The definition of this, is the period which all relevant components are available. Should the product be deemed as irreparable, Eliminator Vapes will reserve the right to substitute the defective item with an equivalent, if available, or to fully retract the 30-Day Warranty should there be no replacement available.
This warranty is the only warranty to be fully authorized and endorsed, in any way, by Eliminator Vapes.
Eliminator Vapes will not be, under any circumstances, held liable in any manner for damages that may involve such circumstances pertaining to loss of enjoyment, loss of pleasure, loss of financial savings, or any other type of obscure, imaginary, incidental, or consequential damages that may arise from the use, or inability to use these products.
TERMS OF SERVICE
The TERMS OF SERVICE ('TOS') serves the intended purpose of a legal binding agreement made by, and between Eliminator Vapes ('we' or 'us') and you, personally and (if applicable), on the behalf of any entity for whom you are using this website (collectively, 'you'). This TERMS OF SERVICE (TOS) governs your usage of the www.eliminatorvapes.com web site ('Web Site') and all of the services offered on this Web Site ('Services'). This TOS is for your own personal benefit and understanding; it is in your best interest, therefore please read it carefully.
MAY IT BE UNDERSTOOD, THAT BY USING OR ACCESSING ANY PART OR PORTION OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AS A RESULT, AGREE TO BE BOUND BY THIS TERMS OF SERVICE, OR TOS. IF YOU ARE NOT IN AGREEMENT WITH BEING BOUND BY ITS CONTENTS, PLEASE DO NOT ACCESS, VIEW, OR USE THIS WEBSITE IN ANY MANNER.
PLEASE BE FULLY AWARE THAT INTERNET TECHNOLOGY, AS WELL AS THE APPLICABLE LAWS, DIRECTIVES, AND REGULATIONS ARE SUBJECT TO FREQUENT CHANGES BEYOND OUR CONTROL. IN ACCORDANCE, WE HEREBY RESERVE THE RIGHT TO MAKE ALTERATIONS AND CHANGES TO THIS TERMS OF SERVICE, OR TOS, AT ANY TIME WE DEEM NECESSARY. YOUR CONTINUED USAGE OF THIS WEBSITE CONSTITUTES APPROVAL TO ANY NEW, ALTERED, OR MODIFIED PROVISIONS OF THIS TOS THAT MAY, AS A RESULT, BE PUBLISHED ON THIS WEBSITE.
1. Terms of Using the Website.
(a) Eligibility. Other than the stated exceptions expressed below, all services of this Website are to be used by,exclusively those individuals who are able to form legitimate, legally-binding contracts under all applicable law. This goes without limitation, minors and those under the legally restricted smoking age, are strictly prohibited from completing purchases/ a purchase agreement with Eliminator Vapes, wherein the consumer purchases a minimum of one item from the products on the Eliminator Vapes Website.
(b) Compliance. Using this Website requires your compliance on all terms and conditions set forth by this TOS, including all policies stated below, all required applicable laws, as well as any and all rules and regulations that apply towards it.
(c) License and Restrictions. Upon reading and reviewing this TOS, you are hereby granted limited, non-exclusive right to use any content and/ or materials on this Website in a normal course of usage of the Website, in a manner subject according to the terms and conditions expressed within this Terms of Service. You are hereby not free to use any type of third party intellectual property without expressly written consent of this applicable third party, in any manner other than that which is permitted by law. This Website retains all ownership of its intellectual property rights, and in no way, may you obtain any rights by virtue of this Terms of Service, or any means otherwise, except as may be expressly set forth in this Terms of Service. You hold no such right to use, copy, display, perform, or create derivative works from, transmit, distribute, allow to be distributed, or sub-license the materials or the content on the Web Site, except as may be expressly set forth in this Terms of Service. You also may not attempt to reverse-engineer any technology used in providing the Services.
(d) Prohibited Conduct. When using the Eliminator Vapes Website and its Services, you are strictly prohibited from (i) infringing upon any patent, copyright, right of publicity, trademark, trade secret, or the rights of any other party; (ii) creating defamatory, abusive, harassing, stalking motions against any individual, or cause the disruption or interference with the security of or the usage of the Services of this Website, or any of the affiliated websites that may be linked to this Website; (iii) causing interference or damage to this Website or Services, which may include without limitation, the negative and harmful usage of viruses, cancelbots, Trojan horses, harmful code, flood pings, packet or IP spoofing, denial of attacks, forged routing or electronic mail address information or any similar abusive methods of technology used in a malignant manner; (iv) the attempt to use or misuse someone else’s user account, the impersonation of another identity, entity or person, the misrepresentation of your affiliation with another person or entity, and this includes, without the limitation of, this Website and/ or the creation of a false identity; (v) the attempt to obtain unauthorized access to this Website, or any portions of this Website that may be restricted or off-limits from general access; (vi) engaging in, whether it is in a direct or an indirect manner, the transmission and spreading of "spam mail," junk mail, chain letters, or any other variety of unsolicited solicitation/ material; (vii) collecting, whether through manual or electronic or automatic process, information that may regard another user(s) without their express consent, or any other information relating to this Website or the Services; (viii) using any variety of manipulation, such as meta tags, or other types of "hidden text" that have the ability to utilize the Eliminator Vapes name, trademarks, or exclusive product names; (ix) the actions of advertising, offering to sell, or selling of any goods or services, except those expressly permitted by the Website; (x) engaging in any variety of activities that may have the consequence of interfering with any third party’s ability of using or enjoying this Website or its Services; or (xi) the assistance of any third party that may potentially be engaging in any of these aforementioned activities that are prohibited by this Terms of Service (TOS).
(e) Other Users. In regards to other users, should you become aware of any variety of conduct that is, or may potentially be in violation of this Terms of Service, we strongly encourage, ask, and plead with you to contact our Customer Service department immediately and report it. We reserve the right, but do not hold any obligation to respond to such communications.
2. Your Content.
(a) License. Let it be understood between us and all other parties: it is your own personal free will that brings you to this Website, and it is this very same free will that leads you to leave content here. If/ when you choose to post, store, or transmit any type of content or information on, or to this Website, you hereby grant us a nonexclusive, perpetual, worldwide, royalty-free, sub-licensee, right and license to use, copy, display, perform, intentionally create derivative works from, transmit, distribute, allow to be distributed, and sub-license this type of content, in any format, in any type of media currently used/ known to be used, or hereinafter created, anywhere in the world, in any way we choose or see fit, as it may occur. You are hereby expressly, irrevocably waiving any claims and rights that may be made based on moral rights or any similar theories, if any actually, truly exist, or do so in the future.
(b) Objectionable Content. We advise you to be highly conscious of the content you choose to submit to this Website; above all, use common sense when leaving any content behind. The nature and disposition of user-generated content left on this Website is beyond our control. If you are on this Website, you acknowledge that you are an adult of legal age, and you solely, are responsible for your actions and interactions that may involve other users on this site, in regards to any and all of the content you generate and post upon it. Eliminator Vapes will not be held liable for any harm or damage that may occur as a result of the content you have created, or those which may have occurred, resulting from your interactions with other users of this Website. We reserve the right, though we are not obligated to, monitor the actions of any users, you as well as others who are present, and this extends into interactions, on the Website. We fully reserve the right to restrict access, restrict availability, and to take action towards controlling any material we or other users of this Website find objectionable, lewd, lascivious, obscene, filthy, harassing, excessively violent, or in an manner we deem offensive, without limitation, as it is in violation of this Terms of Service.
3. Accuracy of Information.
All of the content generated on this Website is done so by humans; not by robot, or cyborg, or by any other method of artificial intelligence. It is our absolute aim to to produce clear, concise content, free of errors with absolute accuracy, however let it be known that there is a margin for the possibility of errors occurring. Therefore, there may be errors that err along the lines of irregularities, including pricing errors, typographical errors, and other vague errors that can come up. We are assuming no responsibility for any such errors, nor the possibility of omissions, and we hereby reserve the right to: (i) revoke or retract any offer that has been published, or stated on the Website; (ii) edit and correct any of these inaccuracies, errors, or omissions; and (iii) make any necessary edits, revisions or changes to published prices, promotions, content, descriptions of product or specifications, or to any other variety of printed information on this Website.
The majority of purchases made in the USA are subject to sales tax; you should be accustomed to it. Expect to see it charged and added to your order total. Should you purchase any products that are for sale on the Eliminator Vapes Website ('Products'), you are explicitly, entirely responsible for paying it, as well as any other kind of applicable sales tax indicated on the Website.
We’ve got eyes and ears everywhere; if you’re interested in committing fraud around these parts, be warned; we’re watching. We fully reserve the right, though we are not obligated to do so, to actively report and prosecute actual and suspected cases of credit card fraud. If the need arises, it is within our discretion to require you, the customer, to provide additional authorization from you regarding your purchase, that may include a telephone confirmation of your order, with the possibility of requiring additional authorizing information as well. We also reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order we have suspicion may be fraudulent in nature. In the ordering process, we retain a select amount of information, which includes the date, time, IP address, in addition to other information that is used for the purpose of locating and identifying individuals who are, or may be committing fraud. In the event that any order through our Website is suspected of being fraudulent, we reserve the right, with no obligation, to present all records, regardless of the existence of subpoena, to all applicable law enforcement agencies, in addition to the credit card company for further investigation of fraud. We also reserve the right to cooperate with all authorities to prosecute offenders of fraud to the fullest maximum extent the law allows.
6. Intellectual Property Rights.
(a) Trademarks. Eliminator Vapes is a trade name, and all related design marks, as well as other trademarks on the Website are strictly owned by this company, exclusively. Custom graphics, page headers, scripts, buttons, icons, any and everything graphically designed, bearing our name, logo, or image are trademarks or trade dress we own exclusively. You may not use any such trademarks, trade dress, or trade names without our express written consent and permission.
7. Third Party Websites.
There is a good chance that www.eliminatorvapes.com may contain links to other, affiliated, related websites on the Internet, owned and operated by verified third parties. Please be aware that we have no control over any of the information, products, or services that are, or may be available on these third party sites. Our inclusion of affiliate links to such sites is not intended to imply our endorsement of these websites, nor any association with the owners/ operators of the websites. It is our intent to inform you that we hold absolutely no control over these websites and their related resources, and by being on this website, you are in agreement that we have no level of responsibility or liability for the availability or the operations of any linked external websites. We hold no responsibility or liability for the material located on, or available through these websites in regards to the protection of your data by any third parties. Please be aware, once you have left our Website, we are unable to guarantee that your information is protected or safe. Should you opt to participate in the promotions offered by those advertising on our Website, (and this includes the payment and delivery of these goods or services), any other relevant terms, conditions, warranties, or representations associated with these dealings and/ or promotions, any and all interactions are strictly between yourself and the applicable advertiser/ third party. By being on this Website, and agreeing to this TOS, you are in agreement that we are, in no way responsible, or whatsoever liable, in a direct or indirect manner, for any losses or damages that may be caused by the usage or reliance on any related material that is available on or through any linked site or its dealings or promotions.
8. Linking and Framing.
No portion of the Eliminator Vapes Website may be deep linked, and this includes Website frame, inline link, or display any similarity of our property, and this includes, without limitation, the Website. You are expressly prohibited from the usage of any of our logos or trademarks as part of a link without having received our expressly written permission.
It is your choice to leave comments and/ or feedback, ideas, suggestions, or any other type of disclosed submission on this Website, due to your usage of it. However, please be aware that any of these written communications becomes our property. When you choose to disclose, submit, or offer any suggestions via comments, you assign to us all worldwide right, title, and interest in all patent, copyright, trademark, and all other forms of intellectual property, as well as any other rights whatsoever as a result of such Comments, and you waiver any instance of claim that may be based on breach of implied contract, breach of confidentiality, unfair competition, moral right, and any other type of related legal theory, regardless of of how obscure. Done at our cost, you will be required to execute any necessary documents that may aid in effecting, recording, or perfecting any such assignments. This will entitle us to owning all rights, on an exclusive basis, as well as claim ownership of all titles, rights, interest, and there shall be no limitations in any manner of which we may use these Comments, whether in a commercial manner or otherwise. If you have any convictions or opposition to assigning any of these rights over the Comments you willingly, optionally make, please do not submit any Comments on this Website.
We are, and shall be under no obligations to: (i) to hold or maintain any Comments in confidence or from disclosure; (ii) to provide you with payment for, or to provide any third party any type of compensation for the Comments that have been made on our Website; (iii) to personally address or directly respond to any of these Comments. You are entirely, and shall remain solely responsible for the content of any Comments you make on the Eliminator Vapes Website.
As per these Terms, you are in agreement that you will defend, indemnify, and hold the Website and all of its subsidiaries, affiliates, their directors, members, agents, officers, co-branders, shareholders, and any other related partners, employees, Ad partners as harmless from any variety of liabilities, losses, actions, damages, claims, or demands, and this includes reasonable attorney’s fees, costs, and other expenses, made by any relevant third party that comes as a result of direct or indirect relation arising from: (a) content which you have provided to the Website or may have transmitted, or that which you may obtain through the Service, (b) your personal usage of the Service, (c) any connection you may have to the Service. (d) your violation of this Agreement (e) the (your) violation of another person's rights, or (f) your personal failure to perform any and all of your obligations here under. If you happen to be in a position of obligation that requires you to provide indemnification pursuant to this provision, we hold the absolute ability, in our sole and absolute discretion, to control the disposition of any Claim at your sole cost and expense. With no limitation of the foregoing, you may not settle, compromise, or in any other manner, dispose of any Claim without our express consent.
11. Disclaimers, Exclusions and Limitations.
(a) DISCLAIMER OF WARRANTIES. ELIMINATOR VAPES SUPPLIES THIS WEBSITE, PRODUCTS, AND ALL RELATED SERVICES ON AN ABSOLUTELY, STRICTLY ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE ABSOLUTELY, THOROUGHLY, AND FULLY DO NOT REPRESENT OR WARRANT THAT PRODUCTS, THIS WEBSITE, OUR SERVICES, ITS PARTICULAR USAGE, OR ANY OF THE INFORMATION CONTAINED WITHIN OR ON IT: (I) SHALL BE UNINTERRUPTED OR 100% SECURE AT ALL TIMES, (II) WILL BE COMPLETELY PERFECT; FREE OF ANY DEFECTS, ANY ERRORS, OR ANY INACCURACIES, (III) WILL EXPLICITLY OR PRECISELY MEET YOUR PERSONAL STANDARDS, REQUIREMENTS, OR EXPECTATIONS, OR (IV) WILL OPERATE IN ACCORDANCE TO WHAT YOU DEEM AS PERFECT IN THE CONFIGURATION OF OR WITH OTHER HARDWARE/ SOFTWARE YOU ARE CURRENTLY USING. WE MAKE NO CLAIMS OR WARRANTIES OTHER THAN THOSE WHICH HAVE BEEN EXPRESSED IN THIS HERE TERMS OF SERVICE (TOS), AND WE HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, PARTICULARLY THOSE WHICH INCLUDE WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PURPOSE SPECIFIED, MERCHANT-ABILITY, IN ADDITION TO NON-INFRINGEMENT.
(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. WE HEREBY INFORM YOU THAT THERE MAY BE FORWARD-LOOKING STATEMENTS ON THIS WEBSITE. THEY MAY REFLECT OUR CURRENT PROJECTIONS AND/ OR EXPECTATIONS REGARDING POSSIBLE/ INTENDED FUTURE EVENTS AND FUTURE BUSINESS DEVELOPMENTS. LET IT BE KNOWN THAT THESE FORWARD-LOOKING PROJECTIONS AND STATEMENTS INVOLVE A CERTAIN LEVEL OF RISK AND UNCERTAINTY. BECAUSE THEY ARE PROJECTIONS, AND LIFE HAS THE POSSIBILITY OF CHANGING BEYOND ACTUAL PLANS, ACTUAL DEVELOPMENTS OR RESULTS HAVE THE POSSIBILITY OF MATERIALIZING DIFFERENTLY FROM THOSE WHICH WERE ORIGINALLY PROJECTED DEPENDING ON A NUMBER OF DIFFERING FACTORS, THE MAJORITY OF WHICH ARE BEYOND OUR CONTROL.
(c) HEALTH-RELATED INFORMATION. WE PROVIDE MATERIAL INTENDED FOR STRICTLY INFORMATIONAL PURPOSES ON THIS WEBSITE. NO PORTION OF THIS CONTENT IS DESIGNED, INTENDED, OR MEANT TO SUBSTITUTE EXPERT ADVICE OF DOCTORS AND/ OR OTHER BOARD-LICENSED HEALTHCARE PROFESSIONALS. NONE OF THIS INFORMATION WE PROVIDE ON, OR AVAILABLE THROUGH THE WEBSITE IS INTENDED, OR MEANT TO DIAGNOSE, TREAT, ADDRESS, OR CURE ANY MEDICAL CONDITIONS, DISEASES, ADDICTIONS, OR AILMENTS. IT IS STRICTLY YOUR RESPONSIBILITY TO MINDFULLY, CAREFULLY, AND THOROUGHLY READ ALL TERMS OF SERVICE, PRODUCT INFORMATION AND MANUFACTURER'S INSTRUCTIONS PRIOR TO USAGE.
(d) PRODUCTS. ALL ELIMINATOR VAPES PRODUCTS THAT ARE SOLD THROUGH THE WEBSITE ARE SUBJECT EXCLUSIVELY TO THE APPLICABLE WARRANTIES PROVIDED BY THEIR RESPECTIVE MANUFACTURERS, SUPPLIERS, AND DISTRIBUTORS, IF ANY, WHICH HAVE BEEN PROVIDED IN THE PACKAGING OF THE PRODUCT. TO THE MAXIMUM EXTENT OF THE LAW WHICH IS PERMITTED, WE ARE HEREBY DISCLAIMING ANY AND ALL WARRANTIES OF ALL KINDS, WHETHER THEY MAY BE EXPRESSED OR THEY ARE IMPLIED, INCLUDING WITHOUT LIMITATION, ANY VARIETY OF IMPLIED WARRANTIES REGARDING MERCHANT-ABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE SPECIFIC. WITH NO INTENTION OF LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT AND/ OR FAILURE, CLAIMS THAT ARISE THAT ARE DUE TO NORMAL USAGE, MISUSE OF PRODUCTS, ABUSE OF PRODUCTS, NON-Direct VAPOR-APPROVED MODIFICATION, IMPROPER PRODUCT SELECTION, THE USER’S NONCOMPLIANCE WITH ANY CODES, OR ANY VARIETY OF OF MISAPPROPRIATION.
(e) EXCLUSION OF DAMAGES. ELIMINATOR VAPES WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY, RELATED OR NON-RELATED, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES WHICH MAY RELATE TO PROFITS LOST, DATA LOSS, OR GOODWILL) ARISING AS A RESULT, RELATING TO OR IN CONNECTION WITH USAGE OF THE WEBSITE OR OUR PRODUCTS, REGARDLESS OF CAUSE OF ACTION IN WHICH THEY MAY BE BASED, INCLUDING WHETHER OR NOT THE USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f) LIMITATION OF LIABILITY. IN NO EVENT SHALL WE AGGREGATE LIABILITY THAT MAY ARISE FROM, MAY RELATE TO, OR MAY HAVE A CONNECTION WITH THIS TERMS OF SERVICE (INCLUDING, WITHOUT LIMITATION, CLAIMS WHICH ARE RELATED TO THE WEBSITE, OR ITS PRODUCTS) EXCEEDING A SUM HIGHER THAN $100, OR THE AMOUNT WHICH YOU PAID FOR ELIMINATOR VAPES PRODUCTS.
12. Force Majeure.
A force majeure is an event that occurs and extends beyond the control of the Website. Should there come a time In which a force majeure has become inevitable, and the Website is deemed unable to provide the Products, you are acknowledging and understanding that ELIMINATOR VAPES will not breach any portion of its obligation towards You under these Terms of Service. FOR THE RECORD: THE WEBSITE SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, OR ANY OTHER METHOD OF LIABILITY FOR THE FAILURE TO PERFORM ANY OBLIGATIONS IN ACCORDANCE WITH THIS AGREEMENT TO THE EXTENT THAT ANY SUCH FAILURE OCCURS AS A RESULT OF A FORCE MAJEURE EVENT.
13. Domestic Usage; Exportation Restriction.
This Web Site is controlled from our offices located within the United States of America. We make certain that no representation of this Website or any of its content (which includes, without limitation, to any services or products that are available through or directly on this Website) are appropriate or openly available for usage in all other locations, anywhere. In regards to users who access this Website outside of the United States of America, this action is performed upon their own personal initiative, and they hereby possess all responsibility for complying with local laws, wherever they may be applicable. In addition, please be aware, that the export control laws of the USA at this time, prohibit exportation of certain technical data and software to certain territories. Please be aware, no portion of the content of this Website may be downloaded, as it violates United States law.
Should any disputes arise that come as a result of, or in relation to this Terms of Service (including information, performance, or any type of alleged breach) or your usage of the Website, they will be addressed and resolved exclusively under confidential binding arbitration to be held in San Diego, California, before and entirely in accordance with the Rules of the American Arbitration Association. The award of the arbitrator will be binding and there lies the possibility that it may be entered as a judgment in any court of competent jurisdiction. To the fullest extent that is permitted by applicable law, under this Terms of Service, no arbitration will be joined with any other arbitration involving additional parties that are subject to this Terms of Service, whether it be in relation to class arbitration proceedings or otherwise. Notwithstanding the foregoing, we reserve the right to seek injunctive, or any other equitable relief in state or federal court located in San Diego, California, to assist our purpose in enforcing this Terms of Service, or to prevent an infringement upon a third party’s rights. In the event we choose to seek equitable relief, each party irrevocably submits to personal jurisdiction of such court.
15. Waiver of Class Action Rights.
IN ENTERING INTO THIS TERMS OF SERVICE AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS YOU HAVE TO JOIN CLAIMS WITH THOSE OR OTHERS IN THE METHOD OF A CLASS ACTION SUIT OR ANY OTHER SIMILAR PROCEDURAL DEVICE. ANY CLAIMS WHICH MAY HAVE AROSE AS A RESULT OF, IN RELATION TO, OR IN CONNECTION WITH THIS TERMS OF SERVICE, MUST BE ASSERTED ON A STRICTLY INDIVIDUAL BASIS.
16. Limitation of Actions.
You are acknowledging as well as agreeing that, regardless of any statute or law that may state the contrary, any claim or cause of action you may have arising from, related to, or connected with your usage of this Website, must be filed strictly within a period of one (1) calendar year after such a claim or the cause of action arises, or it shall be barred forever.
17. Modification of Terms of Service.
Terms are subject to change. We reserve the right to edit, alter, modify, or change these Terms of Service at any given time, at our own discretion. Your continued usage of this Website will be conditioned upon the Terms of Service in force currently at the time of which you have used the Website. You retain the absolute freedom to verify the most current edition of the Terms of Service at this page, and we suggest you do so periodically.
If for any reason we believe you have breached any of the terms and conditions of this Terms of Service, we possess the right to terminate and/ or restrict your ability to access the Website . Upon termination, you will be strictly prohibited from using/ accessing this Website and we hold the right to, at our own leisure or discretion, cancel any outstanding Product Orders. If your access to the website is terminated, we also reserve the right to exercise any means we deem necessary in effort to prevent unauthorized access to the Website, and this may include, though it is not limited to, technological barriers, IP mapping, and additionally establish direct contact with your Internet Service Provider. This Terms of Service will serve indefinitely, unless it gets terminated, or should we decided to terminate it, regardless of whether any account you open is terminated by yourself or ELIMINATOR VAPES, or if you hold the right to access and use the Website.
This Terms of Service contains the entire written understanding and agreement between yourself and ELIMINATOR VAPES regarding all usage of this Website, and it supersedes all prior and contemporaneous agreements and any understandings between yourself and ELIMINATOR VAPES relating thereto.
20. Additional Terms.
This Terms of Service serves as binding upon each party hereto, as well as its successors and permitted assigns, and shall be governed by as well as construed in accordance with laws of the State of California with no regard for conflict of law principles. This Terms of Service and all of your rights and obligations under them, in no way may be assignable or transferable by you without the prior written consent of ELIMINATOR VAPES relating. No failure or delay by any party in exercising any right, power or privilege under this Terms of Service has the ability to operate as a waiver thereof, nor will any single or partial exercise of any privilege, right, or power preclude any other or further exercise thereof or the exercise of any other privilege, right, or power under this Terms of Service. You are considered to be an independent contractor, and therefore this Terms of Service holds no evidence of a partnership, agency, joint venture, employee-employer relationship is intended or established by. The invalidity or unenforceable of any provision of this Terms of Service will not affect the validity or enforce ability of any other provision of this Terms of Service, which shall all remain in full force and full effect.
ELIMINATOR VAPES reserves the right, at our sole discretion, to change, modify, add, or remove any portion of this Agreement, as well as any other policies and agreements that may relate to the Website at any time and in any such manner, with no prior notice to you. You are hereby bound by such revisions, and it is inherently your responsibility to periodically (or more frequently) visit this Terms of Service page in order to determine, examine, and understand the current Terms of Service to which you are then bound. This information is available to you at any given moment by clicking on the Terms and Conditions" link found at the bottom of all pages on this Website, and we urge you to always be aware of our Terms and Conditions.
In using this Website, you are indicating your full acknowledgement and acceptance of this Agreement. Your continued usage of the Website after changes have occurred indicate your absolute assent to being bound by this Agreement, as well as the ELIMINATOR VAPES Privacy Statement as they exist at that time.