VAPORBEAST WEBSITE TERMS OF USE

Effective Date: October 4, 2023

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE

Welcome to the VAPORBEAST site (the “Site”), which consists of www.vaporbeast.com and any web page or subpages thereof. The Site is owned, operated, and administered by VaporBeast, LLC (“Vapor Beast”) and/or its affiliates or contractors. The purpose of this Site is to provide you with information about certain of VaporBeast’s products and services. Please review the following Terms of Use (the “Terms”), which govern your use of this Site. Please note that your access to and use of the Site constitutes your agreement to follow and be bound by these Terms (the “Agreement”). If you do not agree to these Terms, please do not access or use the Site. Because VaporBeast may revise these Terms at any time, at its sole discretion, you should visit this page periodically to review the then-current terms of your access to and use of this Site. Should you have any questions concerning any of our policies, please contact us here.

PRIVACY POLICY

Please also review the Privacy Policy, which is incorporated into these Terms by reference.

RESTRICTION OF MINORS

This Site is intended only for consumers 21 years of age or older (“Adults”). By accessing or using this Site, you represent and warrant that you are at least 21 years of age. VaporBeast’s policy is to not market, sell, advertise, or promote its products to youth. Because we take this policy very seriously, you will be denied access to and use of the Site if we suspect or determine that you are not an Adult. We ask that you report here any occurrences of minors accessing or using this Site of which you become aware.

LEGAL INFORMATION

Unless otherwise noted, all designs and content featured on the Site, including navigational buttons and images, artwork, graphics, photography, text, icons, images, html code, brands, the overall appearance of the Site, and the like, are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by VaporBeast. The Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests in and to this Site and its contents are reserved by VaporBeast. Except for the right of authorized retail or other business customers to purchase goods from the Site, the contents of the Site are intended solely for your personal, non-commercial use. Any use of our Site and its content for purposes other than personal, non-commercial use is prohibited, unless you first obtain the express prior written permission of VaporBeast to do otherwise. You shall not reproduce, publish, display, modify, sell, or distribute any of the materials and content on the Site. Should you choose to download, copy, or forward any of the Site’s contents via email or otherwise for your personal, non-commercial use, you acknowledge and agree that no right, title, or interest in those contents will be transferred to you. You acknowledge and agree that you, and not VaporBeast, are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services required to access and use this Site, and for paying all charges therefore.

USE RESTRICTIONS

You shall comply with all applicable laws and regulations when accessing and using this Site. If you become aware of any unlawful, offensive, or objectionable materials on the Site, please promptly notify us here. You may not use or link to this Site in any manner that would disparage or bring into disrepute VaporBeast and/or any of its representatives, agents, employees, officers, directors, owners, members, affiliates, or any related entities or individuals.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content thereof VaporBeast does not control. Therefore, any concerns regarding any such service or resource, or any link thereof, should be directed to the particular outside service or resource, and not to VaporBeast.

CORRESPONDENCE

You agree that VaporBeast may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of VaporBeast’s products or services, or for such other business purpose(s) as VaporBeast deems appropriate.

Although we will make every effort to respond quickly to applicable messages from you, VaporBeast is under no obligation to respond to all pieces of correspondence received through the Site or otherwise, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding VaporBeast, our products, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via the Site or otherwise. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through the Site shall become and remain the property of VaporBeast. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual property rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas, or comments unless we first obtain your permission to do so or are otherwise required by law to do so.

SWEEPSTAKES, PROMOTIONS, AND SURVEYS

We may offer sweepstakes, promotions, and surveys on the Site with which you may interact. You are not required to do so, and may elect to not participate in the same. Should you choose to participate in any such sweepstakes or surveys, you acknowledge and agree that VaporBeast may use information you provide for business purposes, such as providing you with targeted advertisements regarding VaporBeast’s products and services.

EMAIL DISCLAIMER

This product is being distributed in U.S. interstate commerce in accordance with the 2018 Agricultural Improvement Act applicable to hemp-derived products. The product(s) accompanying this order are being sold to you at your request. BUYER ASSUMES ALL RESPONSIBILITY FOR COMPLIANCE WITH STATE OR LOCAL LAWS, ORDINANCES, TAX OBLIGATIONS, OR LICENSING REGULATIONS OR PROHIBITIONS. Seller is encouraged to seek legal advice if unsure as to the status of state or local laws relating to further distribution or retail sale of these products.

BUYER ASSUMES ALL RISK. SELLER MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These products are sold exclusively for adult use as a recreational product. These products are not intended by Seller for use in the diagnosis, cure, mitigation, treatment or prevention of any disease or medical condition. These products are not intended by Seller to affect the structure or function in the body (whether human or animal). Seller makes no claims regarding any therapeutic benefits associated with use of these products. Buyer understands that these products are manufactured by an independent third party (or parties) and Buyer agrees that Seller is not responsible for any marketing, advertising, promotion or labeling of any third-party products, including any express or implied claims allegedly made by any third-party manufacturer of such products.

Following New Jersey Flavor Ban, flavored vaping products including e-liquids and flavored CBD are no longer available for sale in New Jersey. Non-flavored and Tobacco flavored e-liquids, CBD; and vaping hardware are still available to purchase on our site. CBD CURRENTLY NOT AVAILABLE IN THE FOLLOWING STATES: Iowa, Louisiana, South Dakota, and West Virginia.

When recharging devices, use only the charger provided. Use of unauthorized chargers (including car chargers or car charger adapters) may lead to overheating and possible burning of items in contact with the device. VaporBeast is not responsible for battery and charger explosions, fires or malfunctions due to the use of unauthorized chargers or product misuse or abuse.

California Prop 56 tax on your products has not been paid for vapor products purchased through this website. Consumers, retailers and distributors in California are responsible for paying the tax directly to the state.

VaporBeast Inc. offers VaporBeast e-liquids in an assortment of flavors and nicotine concentrations. Please note that bottles are made available to consumers located in the European Union before and after May 20, 2016 only: i) via authorized wholesalers and retailers located in European Union countries who intend to ultimately resale the product to consumers located in the European Union and directly where relevant; ii) under specific terms and conditions of sale established by VaporBeast Inc., which are subject to change from time to time; iii) to the extent of the inventory in stock; and iv) to the extent sale and import is lawful in relevant EU countries under Articles 20, 30(b), 2(40) of Directive 2014/40/EU and other relevant law. All items purchased from VaporBeast are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

To unsubscribe from emails, click the unsubscribe link in the email, or mail your request to unsubscribe to2801 SW 149th Ave Ste 295, Miramar FL 33027, c/o Unsubscribe

COLORS

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor and other factors, we cannot guarantee that your monitor’s display of any color will be accurate.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE, AS WELL AS ALL INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE, BY YOUR ACCESS TO OR USE OF THE SITE, THAT YOUR ACCESS TO AND USE OF THE SITE ARE DONE AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF OUR SITE, AND THAT VAPORBEAST SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS TO OR USE OF THIS SITE.

LIMITATION OF LIABILITY

NEITHER VAPORBEAST NOR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, OR RELATED ENTITIES OR INDIVIDUALS SHALL BE LIABLE FOR ANY CLAIMS, CAUSES OF ACTION, LAWSUITS, PROCEEDINGS, LIABILITIES, COSTS, LOSSES, EXPENSES, DAMAGES, FINES, FEES, OR PENALTIES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACCESS TO OR USE OF THIS SITE OR ITS CONTENT OR ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE. VAPORBEAST SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER. VAPORBEAST SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR THE UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE OR ITS CONTENT IS TO STOP ACCESSING AND USING THIS SITE.

INACCURACY DISCLAIMER

From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may, for example, relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

OTHER BUSINESSES

This Site features VaporBeast products and well as the products of other businesses. VaporBeast may also provide links to the sites of affiliated companies and certain other businesses. VaporBeast is not responsible for examining or evaluating, and we do not warrant the offerings of, any other businesses or individuals or the content of their websites. VaporBeast does not assume any responsibility or liability for actions, products, or content of the foregoing or any other third party. You should carefully review the terms of service and privacy policies of any parties other than VaporBeast.

SECURITY POLICY

VaporBeast has the utmost concern about the security of any information transmitted to this Site. However, VaporBeast cannot absolutely guarantee the impregnability of any email or other transmissions or communications or assure the confidentiality of information transmitted or communicated on, to, or through the Site. Therefore, except as may be otherwise required by law, you acknowledge and assume all risks associated with any information (including personal and financial information) or other content you may provide on, to, or through this Site or to VaporBeast or any other party through this Site, and VaporBeast disclaims any liability for damages or losses which you may incur as a result of such information or other content provided by or on your behalf.

INDEMNIFICATION

You agree to indemnify, defend, and hold VaporBeast and its members, officers, directors, owners, employees, agents, representatives, affiliates, and related entities and individuals (the “Indemnified Parties”) harmless from and against any and all damages, losses, costs (including court costs), expenses, judgments, fines, fees (including reasonable attorneys’ fees), penalties, and other liabilities the Indemnified Parties may incur as a result of any claims, causes of actions, lawsuits, or proceedings arising from or related to any of the following: (a) your access to or use of, your inability to access or use, or your activities connected with, this Site or its contents; (b) your violation of these Terms or the law; (c) any allegation that your conduct, or any information or materials you make available on, to, or through this Site, infringe upon or otherwise violate the rights of another, whether those rights are contractual, legal, equitable, or otherwise (including intellectual property rights, privacy rights, and rights of publicity); or (d) your violation of any rights of any visitor to this Site or any other third party.

GOVERNING LAW

You acknowledge and agree that this Agreement is entered into in the Commonwealth of Kentucky and that the Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Kentucky without regard to its or any other jurisdiction’s conflict of laws rules or principles. By accessing or using this Site, you agree and hereby submit to personal jurisdiction and venue within the Circuit Court of Jefferson County, Kentucky and the United States District Court for the Western District of Kentucky, as applicable, with respect to all matters regarding or arising from the access to or use of this Site. All legal issues arising from or related to the access to or use of this Site, including, but not limited to, access to or use of the information, content, products, or services offered by VaporBeast, shall be governed by the laws of the Commonwealth of Kentucky without regard to its or any other jurisdiction’s conflict of laws rules or principles. Any legal suit, action, or proceeding arising out of or related to any of the foregoing shall be instituted in the federal courts of the United States or the courts of the Commonwealth of Kentucky, that are located in the city of Louisville and County of Jefferson, and you irrevocably submit and consent to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. You agree not to, and waive the right to, object to or otherwise challenge any such action brought in such courts on the grounds of lack of personal jurisdiction, improper venue, or inconvenient forum.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and VaporBeast regarding this Site and your access to and use thereof, and supersede all prior and contemporaneous understandings and agreements with respect to such subject matter.

CONTACT

You may contact VaporBeast by sending an email here, or by mailing written correspondence to:

Creative Distribution Solutions
ATTN: Customer Service Department 

2801 SW 149th Ave Ste 295
Miramar FL 33027