VAPEN MERCH WEBSITE

TERMS OF USE

Effective Date: 12/23/2020
Last Updated: 9/15/2022

Terms of Use

These terms constitute a binding agreement (“Terms”) between you and Vapen, LLC and its subsidiaries and affiliates (“Vapen,” “we,” “us,” or “our”), that govern your access to and use of https://vapenmerch.com (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read the Terms carefully before you start to use the Website.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. BY CONSENTING TO THEM, YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND VAPEN BY MANDATORY INDIVIDUAL ARBITRATION. YOU ALSO AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

By accessing the Website, you acknowledge that you have read these Terms, our Privacy Policy (incorporated by reference), and agree to be bound by them. If you disagree with any of these Terms or the Privacy Policy, please immediately cease all access to or use of the Website.

Changes to the Terms

We may revise and update these Terms of Use from time to time in our sole and absolute discretion without notice or the duty to notify you. All changes are effective and will govern all access to and use of the Website on the date such modifications are made and posted (as displayed on the top of this page). It will be your responsibility to check this page from time to time and familiarize yourself with any changes, as they are binding on you. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

Online Orders

When placing an order on our Website, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

Payment Terms

All applicable prices are set forth alongside the goods and services offered on the Website. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Shipping

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

Returns

If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

Representations & Warranties; Disclaimers; Limitations on Liability

Buyer’s Representations & Warranties

You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Website for solely your own use, and not for resale or export.

Manufacturer’s Warranty and Vapen’s Disclaimers

We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Website in any way. The availability on our Website of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

Liability Cap

UNDER NO CIRCUMSTANCES WILL VAPEN’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are exclusively owned by Vapen, its licensors, or other providers of such material. All rights reserved.

The materials on our Website are protected by United States. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Any attempt by you to download, store, or transmit any of the materials on our Website for any purpose not expressly authorized under these Terms is strictly prohibited without our consent. If we have not given you written permission, you may not display, duplicate, modify, distribute, sell, license, display, reverse-engineer, or create derivative works of the materials on our Website.

You acknowledge that no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Vapen. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may be fully prosecuted to the extent permissible by law.

Copyright

All materials and contents are Copyright 2022, Vapen Merch, 777 E. Missouri Avenue #200, Phoenix, Arizona 85014. All rights reserved.

Trademarks

Vapen’s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vapen or its affiliates and licensors. You may not use such marks without the prior written permission of Vapen. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

No License

These Terms do not grant you a license to use any materials on the Website, whether owned by us or by any third-party, including copyrighted materials, trademarks, service marks, or logos.

Prohibited Acts

In addition to these Terms, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including applicable rules governing online conduct.

You may only access and use the Website for lawful purposes and your right of access is subject to your compliance with all applicable law.

When accessing or using this Website, you will not:

  • Use the Website for unlawful purposes.
  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
  • Upload, input, upload, or otherwise transmit any viruses, worms, ransomware, adware, Trojan horses, malware, or any other harmful computer code or programming software that are designed to disable, damage, impair, interfere with, or disrupt the functionality of the Website or any computers, hardware, software, system, data, or networks.
  • Attempt to gain unauthorized to or surreptitiously intercept any data or information on the Website, or any computers, databases, programming, servers, or networks connected to the Website.
  • Commit fraud or falsify data in connection with your use of the Website.
  • Access, use, or copy any portion of the Website or its materials using indexing agents, spiders, bots, web crawlers, screen page scrapers, Denial of Service (DoS), traffic generators, or other similar automated devices or mechanisms.
  • Engage in data mining, data gathering, or other extraction activities to retrieve data from any materials on the Website for any purpose without Vapen’s prior written consent.
  • Engage in conduct that infringes upon, misappropriates, dilutes, reverse engineers, or otherwise exploits any of the intellectual property associated with the Website and its contents or materials.
  • Use materials on the Website for purposes of damaging or acting maliciously against the goodwill, business interests, or reputation of Vapen and its subsidiaries or affiliates.
  • Send unsolicited bulk messages or unsolicited commercial messages.

Vapen reserves the right to terminate your access to and use of the Website in its sole and absolute discretion without notification or compensation to you. We will also take appropriate legal action for any illegal or unauthorized use in violation of these Terms. 

Indemnification

You agree to and will indemnify, defend, and hold harmless Vapen, its subsidiaries, affiliates,  and their respective directors, officers, owners, employees, contractors, representatives, consultants, and agents (collectively, the “Vapen Parties”) from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorney’s fees) that arise out of or in connection with your access to the Website, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity. You also grant us the exclusive right to assume the defense and control of any matter subject to indemnification by you. We will notify you of any such claim, loss, liability, or demand, but our failure to does not waive or otherwise eliminate our rights to indemnification from you. 

Website Contents

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

Vapen takes personal privacy very seriously. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express, written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Links from Website

If the Website contains links to other sites and resources provided by third parties, these links are only provided for your convenience. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Governing Law and Arbitration

These Terms are governed by and interpreted in accordance with the laws of the State of Arizona, without reference rules regarding conflicts of law. 

Except for disputes brought in small claims court, or disputes that cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration on an individual basis in Maricopa County, Arizona, in Phoenix, pursuant to the rules of American Arbitration Association, before one arbitrator selected in accordance with such rules.

NO ARBITRATION PROCEEDING MAY BE CONSOLIDATED OR JOINED WITH ANY OTHER PROCEEDING. BY CONSENTING TO ARBITRATION, YOU UNDERSTAND AND VOLUNTARILY WAIVE YOUR RIGHT AND OPPORTUNITY TO LITIGATE DISPUTES WITH ANY OF THE VAPEN PARTIES IN A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

The parties to the arbitration shall equally share in the costs for the arbitration, with each party to bear its own attorney ’s” fees and costs. Any final award or judgment may be filed and enforced in any court of competent jurisdictions.

Notwithstanding the foregoing, nothing in these Terms prohibit Vapen from, without waiving the right or obligation to arbitrate, immediately seeking injunctive relief or a temporary restraining order against you in a court of competent jurisdiction in the event of any actual, alleged, or threatened violation of Vapen’s intellectual property or other proprietary rights without posting of a bond, proof of damages, or other similar requirements.

If a court of competent jurisdiction finds that this arbitration provision is unenforceable or does not apply to a given dispute, you agree and hereby accept the Superior Courts of Arizona, Maricopa County, in Phoenix as the exclusive jurisdiction and venue over such dispute. You also agree to waive the right to a jury trial in any such dispute.

This arbitration provision will survive the termination of these Terms.

Class Action Waiver

All dispute resolution proceedings, whether in arbitration in court, will be exclusively conducted on an individual basis and not in a class or representative action, multi-district litigation, consolidated action, or private attorney general action.

BY CONSENTING TO THESE TERMS, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS.

Limitation to File a Dispute

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MAY BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Users Outside of the United States

If you choose to access or use the Website in areas outside of the United States, you do so at your own risk and you are responsible for complying with all applicable laws, regulations, and requirements of the applicable jurisdiction. We make no representations, express or implied, regarding the appropriateness or availability of the use for use in locations other than the United States.

Waiver and Severability

No waiver of any provision of these Terms by Vapen will be effective unless in writing and signed by Vapen. A waiver by Vapen of any Terms should not be construed as a further or continuing waiver of such term or condition or a waiver of any other term or condition. A failure of Vapen to enforce a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent for purposes of rendering it enforceable, and all other remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms and Privacy Policy constitute the sole and entire agreement between you and Vapen regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

Contact Information

For questions and concerns regarding these terms, please contact us at:

Vapen, LLC

Hours: 8:00 am to 5:00 pm (MST), Monday through Friday

(602) 288-7228
info@vapenmerch.com