Terms and Conditions

 

TERMS AND CONDITIONS  Last Updated: February 28 2017

 

Ownership Of Site; Legal Information And Notices

These Terms and Conditions of Use (“the Terms of Use”) apply to The Picky Vaper Inc. website located at www.thepickyvaper.com, and all associated sites linked to by www.thepickyvaper.com, its subsidiaries and affiliates, including sites around the world (collectively as “the Site”).  The Site is a property of (“www.thepickyvaper.com”) and its licensors. 

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT PROCEED TO USE THE SITE.ER

www.thepickyvaper.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  As long as you comply with these Terms of Use, www.thepickyvaper.com grants you a personal non-exclusive, non-transferable, limited privilege to enter and use the Site.

Restrictions

By using this website, you certify to The Picky Vaper Inc. that you are of legal age or age of majority in your province, or are at least 19 years old.  Our products may not be purchased or used by persons under the age of 19.  By purchasing from us you declare that you are over the age of 19 on the date of purchase.  Further, each customer is responsible for ensuring that the purchase and use of these products is legal in customer's community, locality, region or nation of residence.  Furthermore, The Picky Vaper Inc. will comply with all local and provincial laws where applicable, including those areas that require individuals to be 21 and older to purchase e-cigarette products

Important! Please note the information and products on this website are not intended to diagnose, treat, cure, or prevent any disease or addiction including addiction to tobacco or cigarettes. The e-cigarettes and related vaping products found on this website are for recreational use and users use it simply as an alternative to smoking tobacco cigarettes. The content found on this website is intended for information purposes only and should not be considered a substitute for professional medical care from your physician, and other medical experts. Information and statements regarding these products have not been evaluated by Health Canada. Please read carefully through all product description, keeping in mind that we all as individuals are different, therefore actual results of vaping and e cigarettes may vary among user to user. The use of references to articles and statements made by any experts on e-cigs, vaping, e juice, guides, suggestions does not mean that these organizations and/or experts in any way endorse www.thepickyvaper.com products, unless stated so. Opinions expressed are those of the reviewer(s) and users, many of whom may have requested us to change their name for privacy. Results not typical for any and all claims. The use of statements by consumers who have used www.thepickyvaper.com products are real, but displayed to you for illustrative purposes only, and may not reflect what every consumer may experience when using the products.

Content

All text, graphics, user interfaces, visual interfaces, photographs, ideas, videos, blogs, logos, contests, sounds, music, artwork, and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site and owned, controlled or licensed by or to thepickyvaper.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without www.thepickyvaper.com’s expressed prior written consent.

You may use information on www.thepickyvaper.com products purposely and expressly made available by www.thepickyvaper.com for downloading from the Site, provided that you; (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. 

Your Use Of This Site

You may not use any “deep-link, “page-scrape”, “robot”, “spider”, or automatic device, program or   algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or   monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or any information through any means not purposely made available through the Site www.thepickyvaper.com reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks, connected to the Site or thepickyvaper.com server, or to any other services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of www.thepickyvaper.com, including any  account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for the Site.

You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to www.thepickyvaper.com on or through the Site or any service offered on or through the Site.  You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.  You may not use the Site or any other Content that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity which infringes the rights of www.thepickyvaper.com or others.

Purchases:

WARNING: www.thepickyvaper.com products and accessories are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or pre-existing condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Product may be poisonous if orally ingested. Thepickyvaper.com. products are not a smoking cessation product and have not been tested or guaranteed as such. www.thepickyvaper.com products have not been evaluated by Health Canada nor are they intended to treat, prevent or cure any disease or condition. All of the products sold by www.thepickyvaper.com are NOT drug paraphernalia, and are NOT designed to be used with dry herbs, oils, or any other type of recreational drug. We will not be responsible for any misuse of this product. Products are to be kept out of reach of children and pets.

www.thepickyvaper.com products can only be purchased by a buyer who has an account. New account application and approval of account requires that a buyer confirms to have read and agreed to www.thepickyvaper.com terms and conditions, other policies and wholesaler agreements. www.thepickyvaper.com reserves the exclusive right to refuse sales to anyone.

The buyer acknowledges that www.thepickyvaper.com products have not been approved or tested to meet any health claims, and the buyer will not use any such claims, including claims involving efficacy as a smoking cessation product and/or nicotine replacement therapy, carcinogen levels, or any other claim judged by www.thepickyvaper.com as a health claim.

Account approval grants to the buyer privileges and rights to be a reseller of thepickyvaper.com products solely at the websites and store locations listed in the New Account Information Sheet completed by the Buyer.

The buyer websites and/or store locations must be operating within Canada. The Buyer agrees to deliver www.thepickyvaper.com product to the final customer untampered and unadulterated with all safety measures (i.e. shrink bands and child safety caps) intact. The Buyer shall have no rights of exclusivity in any way. thepickvaper.com and buyers shall operate as independent contractors hereunder, and, notwithstanding anything to the contrary contained in their agreement, the parties will have no legal relationship as partners, joint ventures or otherwise.

No Product shall be resold directly or indirectly by or through any on-line auction or marketplace such as eBay, Amazon or similar sites without the express written approval of thepickyvaper.com.

The Buyer agrees not to use any logo, image, graphic or representation related to www.thepickvaper.com except for such files and documents provided by www.thepickyvaper.com with the express intent of use as marketing materials

The buyer must include warning on any marketing material, or, in the case of e-commerce, easily accessible and noticeable on any domain associated with www.thepickyvaper.com products, about the potential harmful effects of Nicotine even when www.thepickyvaper.com product is used as intended, the toxicity and harmfulness of ingesting the www.thepickyvaper.com product orally, that the www.thepickyvaper.com product is intended only for adult smokers of legal age and the www.the pickyvaper.com product should be kept out of reach of children and pets.

The buyer marketing, web content, or other public communications may not advertise www.thepickyvaper.com product, or related products, as smoking cessation devices or treatments. These products are for recreational use by committed adult smokers only.

The buyer marketing, web content, or other public communications may not make any unsubstantiated claims as to the health, safety or efficacy of our products, or similar products, unless peer-reviewed scientific data is available for the claim in question.

The buyer marketing, web content, or other public communications may not be judged to be targeting children or consumers under the legal smoking age.

Additional terms and conditions may apply to purchases of goods and services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference.  You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient age level to use or participate in such service or feature.  If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or specific service.

www.thepickyvaper.com obligations, if any, with regard to its products or services, are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be constructed to alter such agreements.

www.thepickyvaper.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time without notice.  The materials on the Site with respect to products and services may be out of date and www.thepickyvaper.com makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords, And Security

Certain features or services on or through the Site may require you to open an account (including setting up a www.thepickyvaper.com ID and password).  You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.  You agree to notify www.thepickyvaper.com immediately of any unauthorized use of your account or password, or any other breach of security.  You may be held liable for losses incurred by www.thepickyvaper.com or any other user or visitor to the Site due to someone else using your ID, password or account as a result of you failing to keep your account information secure and confidential.

www.thepickyvaper.com privacy policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference.  Additionally, by using this site, you acknowledge and agree that internet transmissions are never completely private and secure.  You understand that any message of information that you send the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links To Other Sites And To The www.thepickyvaper.com Site

The Site may contain links to other independent third-party websites (“Linked Sites”).  These linked sites are provided solely as a convenience to our visitors.  Such Linked Sites are not under thepickyvaper.com control, and www.thepickyvaper.com is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimer

Thepickyvaper.com does not promise that this site or any content, service or feature of this site will be error-free or uninterrupted, or that any defects will be or corrected, or that your use of the Site will provide specific results. This Site and its contents are delivered ‘as is’ and ‘as-available’ basis. All information provided on this Site is subject to change without prior notice. Thepickyvaper.com cannot ensure that any files or data you download from this Site will be free of viruses or contaminations or destructive features. thepickyvaper.com disclaims all warrantees express or implied, including any warrantees of accuracy, non-infringement, merchantability, and fitness for a particular purpose. The Picky Vaper Inc. and thepickyvaper.com disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or ant thepickyvaper.com services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against thepickyvaper.com for dissatisfaction with the Site or any content is to stop using the Site or any such content.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

thepickyvaper.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portions of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

Limitation Of Liability

Except where prohibited by law, in no event will thepickyvaper.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if thepickyvaper.com has been advised of such damages.

If, notwithstanding the other provisions of these Terms of Use, thepickyvaper.com  is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, thepickyvaper.com  liability shall in no event exceed the greater of (1) the total of fees with respect to any service or feature of or on the Site paid in the six months prior to the date of initial claim made against thepickyvaper.com  (but not including the purchase price for any thepickyvaper.com products) or (2) $100 Canadian Dollars.  Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold thepickyvaper.com, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against thepickyvaper.com by any third party due to or arising out of or in connection with your use of the Site.

Violation Of These Terms Of Use

thepickyvaper.com may disclose any information we have about you (including identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) thepickyvaper.com  rights or property, or the rights of property of visitors to or users of the Site, including thepickyvaper.com  customers.  thepickyvaper.com reserves the right at all times to disclose any information that thepickyvaper.com deems necessary to comply with any applicable law, regulation, legal process or governmental request.  thepickyvaper.com may also disclose your information when thepickyvaper.com determines that applicable law requires or permits disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that thepickyvaper.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.  You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to thepickyvaper.com, for which monetary damages would be inadequate, and you consent to thepickyvaper.com obtaining any injunctive or equitable relief that thepickyvaper.com deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies thepickyvaper.com may have at law or equity.

You agree that thepickyvaper.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) request by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If thepickvaper.com does not take any legal action against you as a result of your violation of these Terms of Use, thepickyvaper.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to thepickyvaper.com.  You agree that thepickyvaper.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and the laws of the Province of Ontario without regards to its conflicts of laws provisions.  You agree to the personal jurisdiction by and venue in the Ontario Supreme Court of Justice in Toronto and waive any objection to such jurisdiction venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  Claims made under these separate terms and conditions of purchase for goods and services are not subject to this limitation.  No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.  In the event of any controversy or dispute between thepickyvaper.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve such dispute.  If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. 

Void Where Prohibited

thepickyvaper.com administers and operates the Site from its location in Ontario, Canada.  Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada.  thepickyvaper.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.  Any offer for any feature, product or service made on the Site is void where prohibited.  If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws. 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canada’s export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  These Terms of Use constitute the entire agreement between you and The Picky Vaper Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and thepickyvaper.com with respect to such use are hereby superseded and cancelled.  Other than as provided in a purchase agreement you enter with thepickyvaper.com, thepickyvaper.com will not accept any counter-offers to these Terms of Use, and such offers are hereby categorically rejected. thepickyvaper.com failure to insist or enforce strict performance of these Terms of Use shall not be construed as a waiver by thepickyvaper.com of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between thepickyvaper.com and you or any other party be deemed to modify any provision of these Terms of Use.  These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback And Information

Any feedback you provide at this site shall be deemed to be non-confidential. thepickyvaper.com shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not post or transmit to this website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights. www.thepickyvaper.com assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, profanity, or misrepresentation. Any non financial information, material, or communication transmitted by you to this website will not be treated as confidential. Any ideas or concepts or other materials transmitted by you to www.thepickyvaper.com may be used by The Picky Vaper Inc. in any manner including but not limited to; reproduction, transmission, publication or broadcast without compensation.

The Picky Vaper Inc. reserves the right to edit or delete any content posted on any part of thepickyvaper.com website at any time by customers or third parties, including, but not limited to, the "product reviews" sections of the website.  Statements that reasonably may be interpreted to make therapeutic or "smoking cessation" claims regarding the use of The Picky Vaper Inc. products, or electronic cigarettes generally, are prohibited and will be subject to editing and/or removal from the website.  Examples of such statements include statements that electronic cigarettes have helped an individual "quit" smoking traditional cigarettes, have helped reduce nicotine cravings or withdrawal symptoms, or have proven a successful alternative to approved smoking cessation drugs, such as nicotine patches or gums.

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