Terms of agreement

INTRODUCTION

VAPINGJUNK.COM.com hereinafter referred to as “VAPINGJUNK.COM” or “Website” or “Site” may vary these Terms at any time. If VAPINGJUNK.COM.com varies these Terms, it will provide notice by publishing the varied Terms on the Site. You accept that by doing this, VAPINGJUNK.COM.com has provided you with sufficient notice of the variation to its Terms

These terms of use are entered into by and between you and VAPINGJUNK.COM.com. The following terms and conditions govern your access to and use of VAPINGJUNK.COM, including any content, functionality and services offered on or through VAPINGJUNK.COM.

Please read the Terms of Use carefully before you start to use VAPINGJUNK.COM. By accessing and/or using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein, together with any additional terms and conditions that govern certain products and services made available to you via the Site (“Additional Terms and Conditions”) and that you accept and agree to comply with and be bound by the same. This Website is offered and available to users who are at least 19 years of age or legal smoking age in your local state or country.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use VAPINGJUNK.COM.

FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS

By gaining access to some certain content, features and functionality on the Sites, You acknowledge that these Terms of Use will not apply to your use of any such Third Party Content which may be owned and operated by third parties (collectively, “Third Party Providers”), Notwithstanding anything to the contrary in these Terms of Use, we may indicate on the Sites that certain Third Party Content is subject to separate terms and conditions.

This Product

The products offered on this Website are not meant for use by persons under 19 or the legal smoking age, nonsmokers, woman breastfeeding, pregnant woman or persons suffering from heart disease, diabetes, kidney problem, high blood pressure, or on medication for depression or asthma. The product contains nicotine. And it’s not intended for people allergic to nicotine, propylene glycol, or any combination of inhalants. And if you must use this, kindly consult your physician before using any products. Stop usage and consult your physician if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhea, weakness or rapid heartbeat.

This product should be kept out of the reach of children and pets as ingestion of certain pieces can present a choking hazard. Nicotine can be toxic if inhaled or ingested in large doses, and may cause irritation to eyes and skin if exposed. Wash immediately with soap and water upon contact. You should please note that nicotine is highly addictive and habit forming.

Accessing VAPINGJUNK.COM and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on VAPINGJUNK.COM, in our sole discretion without notice. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. We will not be liable if for any reason all or any part of VAPINGJUNK.COM is unavailable at any time or for any period. From time to time, we may restrict access to some parts of VAPINGJUNK.COM, or the entire Website.

To access VAPINGJUNK.COM or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of VAPINGJUNK.COM that all the information you provide on VAPINGJUNK.COM is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on VAPINGJUNK.COM, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

USE OF CONTENT

The Sites including, without limitation, the selection, content, text, data, design, graphics, logos, icons, images, photography, video, audio, downloads, interfaces, code, software, systems, processes, products, features, and “look and feel” and arrangement of the same together with all trademarks, service marks, and trade names displayed, distributed, or otherwise made available via the Site, are the exclusive property of VAPINGJUNK.COM or its licensors. You may use the content solely for your noncommercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print, or reproduce from the Site unless you obtain the prior written consent of VAPINGJUNK.COM.

You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of VAPINGJUNK.COM. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. VAPINGJUNK.COM reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which VAPINGJUNK.COM may be entitled at law or in equity.

Used Vape Content

When you list content on VAPINGJUNK.COM, you agree to abide by the terms and conditions, and grant VAPINGJUNK.COM non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable rights to exercise the publicity, trademark, copyright, and database rights you have in the content, now and into the future.

Used Vape Liability

VAPINGJUNK.COM cannot be held responsible for the content, actions, inactions, or items of other users on VAPINGJUNK.COM. VAPINGJUNK.COM is not responsible for the listing of items on its platform and is not involved in the actual transaction between sellers and buyers. VAPINGJUNK.COM does not guarantee the safety, quality, or legality of any items advertised or listed on VAPINGJUNK.COM, the accuracy or truth of user’s listings, the ability of buyers to pay for transactions, or whether a seller or buyer will be able to complete a transaction.

VAPINGJUNK.COM doesn’t transfer legal ownership of items from the buyer to the seller, and nothing in this agreement shall modify the governing provisions of the state, territory or country under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with the governing provisions of the state, territory or country where both parties reside. VAPINGJUNK.COM cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by factors which are outside of our control. VAPINGJUNK.COM.com will always attempt to provide users with access wherever possible in a timely manner. However, VAPINGJUNK.COM cannot be held responsible for actions or events outside of its control.

Accordingly, to the extent legally permitted, VAPINGJUNK.COM excludes all implied warranties, terms, and conditions. VAPINGJUNK.COM is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of its sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Used Vape Release

If you have a dispute with one or more users, you release VAPINGJUNK.COM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By listing your products or services on VAPINGJUNK.COM, you release VAPINGJUNK.COM (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with VAPINGJUNK.COM, and agree to abide by our terms and conditions.

Used Vape E-Juice Release and Disclaimer

All e-juice, e-liquid, vape juice are listed on VAPINGJUNK.COM at the discretion of users. VAPINGJUNK.COM is not responsible for the condition of these products, and can in no way be held responsible for, or be held liable for the contents of the items listed. VAPINGJUNK.COM does not recommend the listing of, or purchase of and opened, used, or unsealed e-liquid, e-juice, or vape juice. If you purchase e-liquid, e-juice, or vape juice on VAPINGJUNK.COM you do so at your own risk and agree to disavow VAPINGJUNK.COM of any responsibility or liability.

TRADEMARKS

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

PROHIBITED ACTIVITIES

The usage of any of “deep link,” “page-scrape,” “robot,” “spider” and or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites through any means not purposely made available through the Sites is highly prohibited and could lead to your termination of the use of the site. It’s also prohibited to alter transmission data, or attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to VAPINGJUNK.COM’s server, or to any of the services offered on or through the Sites, by hacking, password “mining,” or other illegitimate means.

You may use VAPINGJUNK.COM only for lawful purposes and in accordance with these Terms of Use.

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Standards set out below in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate VAPINGJUNK.COM’s brand, VAPINGJUNK.COM employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of VAPINGJUNK.COM, or which, as determined by us, may harm VAPINGJUNK.COM or users of VAPINGJUNK.COM or expose them to liability.

GUIDELINES FOR SUPPLIER LISTING PRODUCTS

The Supplier shall be entitled to list his/her product upon his/her registration/authorization on the site having followed the basic guidelines

The Supplier shall be entitled to list their product in various categories related to the product they sell.

The Supplier, who posts announcements with regard to sale of his/her product shall place information about them in accordance with these Rules and provide precise and complete information about the product as well as about the terms and conditions of sale of them. When the Supplier places information about products, he/she hereby confirms being legally authorized to sell vapes in which they are sold, as well as that he/she has obtained all necessary approvals.

The Supplier warrants that product he/she sells corresponds with quality norms established by legislation of the authority, and are free of any claims.

The Supplier warrants that products he/she listed, provided that any special permits are needed for sale of them, will be sold in accordance with the requirements of states, which special authorities will be empowered to supervise such Supplier’s activity.

The supplier agrees that sales are 100% between the supplier and sellers. VAPINGJUNK.COM only serves as platform and will not be responsible for any claims that may arise during transactions.

Website Control:

We have the right in our sole discretion to.

· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of VAPINGJUNK.COM or the public or could create liability for VAPINGJUNK.COM.

· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of VAPINGJUNK.COM.

· Terminate or suspend your access to all or part of VAPINGJUNK.COM for any reason, including without limitation, any violation of these Terms of Use.

However, we do not undertake to review all material before it is posted on VAPINGJUNK.COM, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

USER CONTRIBUTION

VAPINGJUNK.COM may contain message boards, chat rooms, or profiles, forums, event section and other interactive features that allow users to post, submit, publish, display or transmit to other users or other person’s content or materials on or through VAPINGJUNK.COM.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on VAPINGJUNK.COM, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose and without compensation.

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not VAPINGJUNK.COM, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of VAPINGJUNK.COM.

TRADEMARKS AND COPYRIGHTS

All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Sites (collectively, the “Marks”) are the property of the VAPINGJUNK.COM or its licensors, content providers or other third parties. VAPINGJUNK.COM retains all intellectual property rights subsisting in any of the Contents and services provided to you by VAPINGJUNK.COM.

DISCLAIMERS

YOUR USE OF THIS WEBSITE, ITS SERVICES AND CONTENTS ON THIS WEBSITE (JOINTLY “SERVICES”) IS AT YOUR OWN RISK AND ALL SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. VAPINGJUNK.COM DOES NOT REPRESENT OR WARRANT THAT VAPINGJUNK.COM, THE CONTENTS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT VAPINGJUNK.COM OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. VAPINGJUNK.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY VAPINGJUNK.COM. TO THE FULLEST EXTENT ALLOWED BY THE LAW, VAPINGJUNK.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

PRODUCT PRICING

Except otherwise stated, the prices displayed for products represent the full retail price listed on the product itself. We cannot confirm the price of an item until you complete an online order form. Please note that this policy only applies to products sold on VAPINGJUNK.COM.

ONLINE PURCHASES

All purchases through our site or other transactions for the sale of goods formed through VAPINGJUNK.COM or as a result of visits made by you are governed by our sales terms which are hereby incorporated into these Terms of Use.

LINKS FROM VAPINGJUNK.COM

If VAPINGJUNK.COM contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL VAPINGJUNK.COM OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOSS OF LIFE, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE VAPINGJUNK.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER VAPINGJUNK.COM NOR ANY OF ITS SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE VAPINGJUNK.COM IS TO DISCONTINUE YOUR USE OF THE SITES.

IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS OF USE MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to defend, indemnify and hold VAPINGJUNK.COM and its affiliates, service providers, licensors and their respective officers, directors, employees and agents (the “Indemnified Parties” harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials, any User Content you post, store or otherwise transmit on or through this Website, or your use of or inability to use this Website.

If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on the part of VAPINGJUNK.COM.

ARBITRATION

At the sole discretion of VAPINGJUNK.COM, it may require you to submit any disputes arising from the use of these Terms of Use or VAPINGJUNK.COM, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the Court of International Arbitration.

JURISDICTION AND APPLICABLE LAW

The use of VAPINGJUNK.COM and any agreements entered into through VAPINGJUNK.COM are to be governed by and construed in accordance with the laws of the province of Ontario Caanada. We both submit to the jurisdiction of the courts of Province of Ontario to settle any dispute arising out of or in connection with the use of VAPINGJUNK.COM or any agreement made through VAPINGJUNK.COM.

TERMINATION

We may terminate your registration and/or deny you access to VAPINGJUNK.COM or any part of it (including any goods or information available on or through VAPINGJUNK.COM at any time in our absolute discretion and without any explanation or notification.

WAIVER AND SEVERABILITY

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

VAPINGJUNK.COM does not set forth any waiver in these Terms of Use which shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

VAPINGJUNK.COM does not in any way gives waiver under the infringement of any term or condition set forth in these Terms of Use.

Entire Agreement

The Terms of Use, our Privacy Policy and the Terms of Sale constitute the sole and entire agreement between you and VAPINGJUNK.COM. No action of VAPINGJUNK.COM, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of VAPINGJUNK.COM is authorized to waive it orally.

CHANGES TO THESE TERMS OF USE

VAPINGJUNK.COM reserves the rights to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Notice will be provided when we make changes to these Terms of Use. Revised terms will take effect five days after publication of the notice on the Sites and will apply only on a going-forward basis. Your continued use of the Sites after that point signifies that you accept the changes.