TERMS & CONDITIONS
This policy applies to the vapenubula.com website, and all related content, mobile applications, and associated services. These Terms of Service inform you of your rights and obligations when using the Website and/or when purchasing any of our products (“Products”) (“Terms of Service” or “Terms”). Your use of this Website and/or your purchase of any Products constitutes your agreement to the following Terms of Service. If you do not agree to these Terms of Service you may not use the Website or purchase Products from the Website.
We reserve the right, to from time to time modify, limit, change, discontinue, or replace the website and these Terms of Service at any time. In the event we modify, limit, change, or replace the website or these Terms of Service, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
We limit purchase of Products via the Website to individuals that are 21 years of age. You agree that you are 21 years of age. It is your responsibility to be in compliance with the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. We do not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.
- ELIGIBILITY AND SAFETY
Any use of the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.
No tobacco-based or nicotine e-liquid product should be considered safe. If you have any health concerns, consult your physician. Inhalation of e-vapor may aggravate pre-existing respiratory or heart conditions. Ingestion of nicotine, at any level, may cause other conditions. If you do not currently use nicotine containing products, we recommend that you do not start. CALIFORNIA PROPOSITION 65 WARNING: This product contains chemicals known to the state of California to cause cancer and birth defects or other reproductive harm. WARNING: Contains nicotine, which is an addictive chemical and can be poisonous. Avoid contact with skin and eyes. Do not drink. Keep out of reach of children and pets. In case of accidental contact, seek medical help.
You agree to pay for all purchase orders you place through the Website.
Except where noted otherwise, the prices displayed for our products represent the full retail price listed on the product itself. All prices are quoted and payable in US dollars, regardless of where an order is placed or shipped.
Your purchases may also be subject to sales tax, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by us at the time of your purchase.
If dispute the amount or validity of payments made to us through this Website, you must notify us in writing, within two days of payment, of any such dispute to the email address listed below. Failure to notify us of any dispute within two days of payment will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by us in the event of failure to make payment.
- PRODUCT RESALE PROHIBITED
You agree not to sell, resell, distribute or make available to others, or otherwise use for any commercial purposes any portion of Products or services purchased from this Website or otherwise obtained from us without prior written permission of an authorized representative of Vape Nebula. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses any Products or services for commercial purposes without prior written permission may be subject to civil action and/or criminal penalty.
- ELECTRONIC COMMUNICATIONS
Customers and visitors can forward comments to us at firstname.lastname@example.org. You agree that you will not transmit content to us that is illegal, obscene, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You agree that you will not use a false e-mail address, impersonate a third party person or entity, or otherwise mislead us as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms of Service.
Any material or communication transmitted by you to this Website will not be treated as confidential. By submitting any content to us through the Website, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to us may be used in any manner, without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms of Service and for the maximum period permitted under applicable law.
By providing your email address and subscribing to communications, you are representing you are of legal age to receive such communications and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations. All offers are Void Where Prohibited. Our products materials are not intended to imply that the products have been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
- THIRD PARTY LINKS
This Website may contain links to third-party websites. If you decide to access third-party websites, you do so at your own risk.
- TRADEMARKS AND COPYRIGHT
This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of us and our affiliates or licensors. This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under applicable copyright, trademark and other laws of the United States and other countries.
- WEBSITE MATERIAL
All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the “Materials”), are the property of and owned by us or our licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transmitting, broadcasting, distributing, licensing, selling, or creating derivative works of, in whole or in part, the Materials.
The Website and related content is provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an “as is” and on an “as available” basis. We make all reasonable efforts to ensure that the content of the Website is updated and corrected, however, we do not guarantee the accuracy of any content. The material contained on this Website may contain errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
You agree that your use of any Products and/or services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions.
You agree to indemnify, defend, and hold us harmless and our subsidiaries, agents, licensors, managers, and other affiliated companies, and our employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted by you; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website facilitated by you.
- GOVERNING LAW AND CLASS ACTION /JURY TRIAL WAIVER
These Terms of Service will be governed by and interpreted under the laws of the State of Florida, USA, without regard to its principles of conflict of laws. Exclusive venue for any dispute that arises out of or relates to these Terms of Service or your use of the Website will be the state or federal courts of Broward County, Florida. You agree not to bring an action in any other venue and you expressly agree to waive all objections to these venues. You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Broward County, Florida. You agree that any cause of action you have that arises out of or relates to these Terms of Service or your use of the Website must be brought by you within one year after the cause of action accrues. Otherwise any such action by you against us is permanently barred.
Governing Law. You agree that: (i) the Website and Products and services shall be deemed solely based in Florida; and (ii) the Website and services shall be deemed passive ones that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Broward County, Florida. These Terms shall be governed by the substantive laws of the State of Florida, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act. You agree to submit to the personal jurisdiction of the federal and state courts located in Broward County, Florida for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Broward County, Florida is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. For any dispute with us, you agree to first contact us via email and attempt to resolve the dispute with us. In the event that we have not been able to resolve a dispute with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS. The arbitration will be conducted in Broward County, Florida, unless we agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Website or Products or services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you are waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- RELEASE AND WAIVER OF CLAIMS
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims that you have or may have in the future against us, or any of our distributors, resulting from use of the Website and Products and services; and (ii) to release us or any of our distributors from any and all liability from any loss, damage, injury or expense that you or any users of this Website and any Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on our part, in the design or manufacture of the Website or of any Products or services. By using the Website, Products and services, you assume all risks whether known or unknown.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
- DISCLAIMERS OF WARRANTY
OUR PRODUCTS AND SERVICES, AND THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FOREGOING IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR OUR PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH ANY OF OUR PRODUCTS OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, US , OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT OUR PRODUCTS AND SERVICES, AND THIS WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS OR SERVICES, OR THIS WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NEITHER US NOR ANY OF OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) PURCHASE AND/OR USE OF ANY PRODUCTS OR SERVICES; 2) USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE; 3) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THIS WEBSITE; OR 4) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF MESSAGES YOU SEND US; IN EACH CASE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Severability: A finding that any term or provision of these Terms of Service is invalid or unenforceable will be removed from these Terms of Service and will not affect the validity or enforceability of the remaining Terms of Service.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by us of any breach of this Agreement is effective unless in writing.
You agree that these Terms of Service and other policies which are incorporated by reference, constitute the entire agreement between you and us with respect to the Website and your relationship with us and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms of Service. All notices required under these Terms of Service shall be made in writing by email to: email@example.com.