South Florida's Premier Vape Store

General terms & conditions

                                                                 TERMS AND CONDITIONS


BY VISITING WWW.THEVAPEFACTOR.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.


OVERVIEW
The terms “we,” “us,” and “our” refer to THE VAPE FACTOR LLC. The term the “Site” refers to
www.TheVapeFactor.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and
any other users of the site.
The retail sale of products related to the vaping industry such as devices and accessories used for vaping aka mods,
atomizers and/or misc tools, premium brands of vaping e-liquid used for vaping (the “Service”).
Use of (WWW.TheVapeFactor.COM), including all materials presented herein and all online services
provided by (The Vape Factor LLC), is subject to the following Terms and Conditions. These Terms and
Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or
Service, you agree to these Terms and Conditions, without modification, and acknowledge reading
them.


USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and
authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from
using the Site. Information provided on the Site and in the Service related to [insert subject matter] and
other information are subject to change. THE VAPE FACTOR LLC makes no representation or
warranty that the information provided, regardless of its source (the “Content”), is accurate, complete,
reliable, current, or error-free. THE VAPE FACTOR LLC disclaims all liability for any inaccuracy,
error, or incompleteness in the Content.


ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your
name, email address, username and password, and other personal information. You agree that any
registration information you give to THE VAPE FACTOR LLC will always be accurate, correct, and up
to date. Youmust not impersonate someone else or provide account information or an email address
other than your own. Your account must not be used for any illegal or unauthorized purpose. You must
not, in the use of the Service, violate any laws in your jurisdiction.


LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for
all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site
and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of
others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights,
vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or
instructions, which encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any law.


REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to
refuse service to any order, person or entity, without the obligation to assign reason for doing so. No
order is deemed accepted by us until payment has been processed. We may at any time change or
discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous
responsibilities to you based on acceptance of your payment.


ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery.
In the event that there is an error in this email confirmation, it is your responsibility to inform us as
soon as possible.


CANCELLATIONS, REFUNDS & RETURNS
THE VAPE FACTOR LLC


PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear
as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or
error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to
refuse or cancel any order with an incorrect price listing.


MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other
materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right
without the express written permission of the owner of the copyright, trademark, or other proprietary
right, and the burden of determining that any Materials are not so protected rests entirely with you. You
shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other
proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by
you to the Site, you automatically represent or warrant that you have the authority to use and distribute
the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations,
or rights of third parties.


INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to THE VAPE FACTOR LLC.
You retain copyright and any other rights you may rightfully hold in any content that you submit
through the Site or Service. Content you submit to THE VAPE FACTOR LLC remains yours to the
extent that you have any legal claims therein. You agree to hold THE VAPE FACTOR LLC harmless
from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or
trademark misappropriation or infringement claimed against you. By posting material on the Site, you
grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business
development, and marketing purposes.

OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by THE VAPE FACTOR LLC, including
trademarks, copyrights, proprietary information, and other intellectual property. You may not modify,
publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display,
reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the
right to immediately remove you from the Service, without refund, if you are caught violating this
intellectual property policy.


CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately
upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or
Service by you after being notified means you accept these amendments. We reserve the right to update
any portion of our Site and Service, including these Terms and Conditions, at any time. We will
post the most recent versions to the Site and list the effective dates on the pages of our Terms and
Conditions.


LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY
OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE.
ADDITIONALLY, THE VAPE FACTOR LLCIS NOT LIABLE FOR DAMAGES IN CONNECTION
WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE,
ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF
REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III)
THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE,
GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH
LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF
LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE VAPE FACTOR LLC HAS BEEN
ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN
THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL THE VAPE FACTOR LLC’S CUMULATIVE
LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE
PURCHASED FROM THE VAPE FACTOR LLC, AND IF NO PURCHASE HAS BEEN MADE BY
YOU THE VAPE FACTOR LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED
$100.


THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and
agree that we are not responsible or liable for the availability, accuracy, content, or policies of third
party websites or resources. Links to such websites or resources do not imply any endorsement by or
affiliation with THE VAPE FACTOR LLC. You acknowledge sole responsibility for and assume all
risk arising from your use of any such websites or resources.


INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements,
liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action,
including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms
and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance,
without charge, as we may request in connection with any such defense, including, without limitation,
providing us with such information, documents, records, and reasonable access to you, as we deem
necessary. You shall not settle any third party claim or waive any defense without our prior written
consent.


EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for
convenience only and shall not affect the construction or interpretation of any of its provisions.


ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and THE VAPE FACTOR LLC
pertaining to the Site and Service and supersedes all prior and contemporaneous agreements,
representations, and understandings between us. No waiver of any of the provisions of this Agreement
by THE VAPE FACTOR LLCshall be deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding
unless executed in writing by THE VAPE FACTOR LLC.


NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and
properly addressed as follows:
The Vape Factor
4901 Volunteer Rd.
Unit #29
Southwest Ranches, FL 33331
Email: Derek@TheVapeFactor.com


GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of
FLORIDA as applied to contracts that are executed and performed entirely in FLORIDA. The
exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall
be THE UNITED STATES OF AMERICA BROWARD COUNTY, FLORIDA . The parties agree to
attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by
mediation, which shall be conducted under the then current mediation procedures of The CPR Institute
for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The
parties further agree that their respective good faith participation in mediation is a condition precedent
to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other
dispute resolution procedures.


RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with
any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to
any other relief to which it or they may be entitled.


SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of
competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in
full force and effect and shall in no way be affected, impaired, or invalidated.


ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These
Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you.
Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: February 5, 2015