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TERMS OF USE FOR THE SAFERSMOKE WEB SITE
TERMS OF USE AND LEGAL RESTRICTIONSPLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU
DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE. ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these
terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I
agree”. The Company reserves the right to terminate a User’s use of this site at any time without notice
and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian
wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should
email the Company with his or her explicit permission and acceptance of full legal responsibility for the
minor to do so. If you are not yet 18 or are accessing this site from any country where material on this
site is prohibited or illegal, please leave now as you do not have permission to access this site.
SATISFACTION GUARANTEE
If you're not completely satisfied with our product, please return it for an exchange ONLY to any other
products within (even if used) within 30 days of your original purchase date (less shipping & handling) -
NO REFUND!
12-MONTH DEVICE LIMITED WARRANTY
THE SAFERSMOKE warrants to the original purchaser of the Electronic Cigarette, that it will be free from
defects in materials and workmanship for a period of ONE YEAR (12 months) from the date of original
purchase. During the warranty period, THE SAFERSMOKE will, at its discretion, repair or replace (with a new
or reconditioned unit) components that are defective. Exclusions to this warranty shall not apply to
defects resulting from misuse, improper or inadequate maintenance or unauthorized modification. This
Limited Warranty gives the original purchaser specific limited rights, in addition to those rights under
applicable local law.
TO REPLACE YOUR PRODUCT, PLEASE FOLLOW THE INSTRUCTION BELOW:
Pack the items to be returned securely (Shipping charges to THE SAFERSMOKE are your
responsibility). Please enclose your original bill of sale, your name, address, telephone numbers, email address and reason for
returning the item.
RESTRICTIONS ON USE OF MATERIALS
The copyright in all material provided on this Site (referred to herein as "Site") is held by THE
SAFERSMOKE (referred to herein as "THE SAFERSMOKE "). Except as stated herein, no material from the Site or
any web site owned, operated, licensed or controlled by THE SAFERSMOKE , may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, and other laws.
APPLICABLE LAWS
This Site is controlled and operated by THE SAFERSMOKE from its offices in Pennsylvania. THE SAFERSMOKE
makes no representation that materials on this Site are appropriate or available for use outside of the
United States. Those who choose to access this Site from other locations do so on their own initiative and
are responsible for compliance with applicable local laws.
LINKING
You may be able to access other websites through our site. When you do so you are doing so subject to their
policies regarding privacy and data collection and you should read those sites’ privacy policies to make
sure you agree to them before using such sites. When you choose to shop at such sites, you should read
their privacy policies to make sure you agree to them before making purchases.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this
site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain
information or material that is illegal, unreasonable or that some people may find inappropriate or
offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the
Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is
not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the
contents or any transmissions received through such sites. The inclusion of such a link or frame does not
imply endorsement of this site by the Company, its advertisers or licensors, any association with its
operators and is provided solely for your convenience. You agree that the Company and its licensors have no
liability whatsoever from such third party sites and your usage of them.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with the terms and conditions in this Agreement and
as permitted via instructions on this site. You agree not to make any false or fraudulent statements in
your use of or to gain access to this site. You acknowledge and agree that all content and services
available on this site are property of the Company and its advertisers and licensors and are protected by
copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights
and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by
the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made
using your name and credit card through this Site, not to challenge any such charges and to pay for all
collections and/or attorney’s fees resulting from any non-payment.
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this
site. Systematic retrieval of data or other content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without written permission from the Company is
prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this
Agreement is prohibited.
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to
prevent access to this site through your Username and Password by anyone other than yourself, including but
not limited to, keeping such information strictly confidential, notifying the Company immediately if you
discover loss or access to such information by another party not under your control and supervision, and by
using a Username and Password not easily guessed by a third party.You agree that you shall not try to
reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this site. You understand that such actions
are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue
such penalties to the full extent of the law to protect its rights and the rights of its other.
USER TRANSMISSIONS
Any material, information, idea or other communication you transmit to or post on this Site by any means
will be treated as non-confidential and non-proprietary, and may be disseminated or used by THE SAFERSMOKE
and/or its designees for any purpose whatsoever including, but not limited to developing and manufacturing
products ("Communications"). THE SAFERSMOKE will have no obligations with respect to the Communications.
THE SAFERSMOKE and its designees will be free to copy, disclose, distribute, incorporate and otherwise use
the Communications and all data, images, sounds, text, and other things embodied therein for any and all
commercial and non-commercial purposes. You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or
profane material, or any other material that could give rise to any civil or criminal liability under the
law.
Except with regard to personal information, all information that you post on this site or communicate to
the Company through this site (collectively “Submissions”) shall forever be the property of the Company.
You agree to the submission rules found here as part of this Agreement if provided on the site by the
Company. The Company shall not treat any submission as confidential and shall not incur any liability as a
result of any similarities that may appear in future Company services or products. Without limitation, the
Company shall have exclusive ownership of all present and future existing rights to any Submission of every
kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its
legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that
your Submission does not infringe the rights of any third party.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS
SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE
ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES
THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU
BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE
OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR
ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY,
ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and
other affiliated companies, and their employees, contractors, officers, agents and directors from all
liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any
services, information or products from this site, or any violation of this Agreement. The Company reserves
the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you shall cooperate with the Company in asserting any available
defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which
alleges that User has used this site for any purpose that violates any local, state, federal or law of
other nations, including but not limited to the posting of information that may violate third party rights,
that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that
may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or
employees. In such event, Company may disclose the User’s identity and contact information, if requested by
a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall
not be liable for damages or results thereof and User agrees not to bring any action or claim against
Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the
State of Pennsylvania, U.S. of America. It can be accessed from all 50 states as well as from other
countries around the world to the extent permitted by site. As each of these places has laws that may
differ from Pennsylvania, by accessing this site, both you and the Company agree that the statues and laws
of the Pennsylvania shall apply to any actions or claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws principles thereof. The Company makes no
representation that materials on this site are appropriate or available for use in other locations, and
accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be
governed by the United Nations Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts
such Rules. This Agreement constitutes the entire agreement between the parties related to the subject
matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the
parties and shall not be changed except by written agreement signed by an officer of the Company. If any
provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions
hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in
full force and effect as if such unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended so as to best accomplish the objectives of such
unenforceable provision within the limits of applicable law. User shall not assign or transfer this
Agreement and any such transfer shall be void.
SITE SUBMISSION RULES
By using features of this site that allow you to post or otherwise transmit information to or through this
site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content -- including text, communications, video, software,
images, sounds, data, or other information -- that: is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, obscene, sexually explicit or
graphic, or otherwise in violation of this site’s rules or policies; victimizes, harasses, degrades, or
intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability; infringes any patent, trade mark, service mark, trade secret,
copyright, moral right, right of publicity, privacy or other proprietary right of any party; constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or
any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or impersonates any person or entity, including
any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such
information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic
e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical
contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site.
However, this site and its agents have the right, at their sole discretion, to remove any content that, in
this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in
removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice
which alleges that you have used this site in violation of these Rules and/or for any purpose that violates
any local, state, federal or law of other nations, including but not limited to the posting of information
that may violate third party rights, that may defame a third party, that may be obscene or pornographic,
that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its
agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site
may disclose your identity and contact information, if requested by a government or law enforcement body or
as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages
or results thereof, and you agree not to bring any action or claim against the owner of this site for such
disclosure. This site reserves the right to revise these Site Submission Rules at its discretion, so check
back from time to time to be sure you are complying with the current version.
REVISIONS AND MODIFICATIONS OF TERMS OF USE
THE SAFERSMOKE may revise these Terms of Use at any time. By using this Site, you agree to be bound by any
such revisions. Accordingly, you should periodically visit this page to determine the current Terms of Use
to which you are bound. Certain Terms of Use may be modified and superseded by expressly designated legal
notices or terms located on particular pages on this Site.
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