Terms And Conditions
TERMS AND CONDITIONS OF , LLC
- YOUR USE OF FUMIZER.COM (“Site”), CREATING AN ACCOUNT OR MAKING A PURCHASE ON THIS SITE, CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS, as they may be amended by , LLC (“Company” or “”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms and Conditions have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use of the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. You further acknowledge and agree that you are of legal age to purchase or consume any of Company’s products, merchandise or to participate in any of the ’s promotions or other offers on this Site or otherwise.
- USAGE BY LEGAL AGE ONLY. This Site is intended for your use only if you are of legal age to consume the products referenced, identified or sold on this Site. If you are not of legal age, you should leave the Site immediately. By use of this Site, creating an account on this Site or making a purchase, you represent to Company that your are over the age of eighteen (18) or are of the legal age to consume the products referenced on this Site, including products that contain nicotine and nicotine related items.
- MATERIAL SUBMITTED BY USER. You agree and acknowledge that any communication or material submitted or transmitted by you to this Site is not confidential. You represent and warrant that you have the authority and permission to transmit any material or communication to this Site. You also represent and warrant that such material does not infringe on any intellectual property rights or privacy rights of any person or entity.
- PURCHASES. You agree, represent and warrant that by making a purchase of any product on this Site, you are of legal age to purchase and use nicotine or nicotine related products in your state, legal jurisdiction or country.
- WARNING. Any product you purchase from this Site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
- NO WARRANTIES. MAKES NO WARRANTIES AS TO THE MATERIALS ON THIS SITE. HEREBY DISCLAIMS ALL WARRANTIES. DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATION THAT THE CONTENT, SERVICES OR PRODUCT OFFERED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR JURISIDICTION.
- INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO YOU BY COMPANY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by or by any third party.
- TRADEMARK. Any name, logo, trademark or service mark, including , is owned or licensed by and may not be used by you without the prior written consent of .
- COPYRIGHT. All contents of this Site are proprietary to and Copyright © 2015 , LLC 7308 Laurel Canyon Blvd., North Hollywood, CA 91605. All rights reserved. You may not reproduce, post on any other site, modify, distribute or transmit any portion of this Site without the express written consent of .
- GOVERNING LAW. These Terms and Conditions shall be construed in accordance with and governed by California law. You agree that any dispute between you and , related to your use of this Site, products purchased from this site or any other matter arising out of this Site, shall be submitted to binding arbitration in Los Angeles County, California under the American Arbitration Association and such decision shall be binding and can be entered as a judgment in any court of competent jurisdiction.
- SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms and Conditions to the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms and Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.