Terms & Conditions
1. IMPORTANT DISCLAIMER
IF YOU ARE UNDER THE AGE OF 18 (OR UNDER THE AGE OF 19 AND YOU LIVE IN ALABAMA, ALASKA, NEW JERSEY, UTAH AND NEW YORK) PLEASE LEAVE THIS SITE IMMEDIATELY. BY ENTERING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR 19 IN THOSE JURISDICTIONS MENTIONED ABOVE.
PLEASE NOTE THAT IF YOU ARE A RESIDENT OF OREGON, YOU MAY NOT PURCHASE THE PRODUCT.
THE PRODUCT IS NOT INTENDED AS A "STOP SMOKING" or "QUIT SMOKING" INSTEAD THE PRODUCT PROVIDES AN ALTERNATIVE TO SMOKING BY SUPPLYING NICOTINE THROUGH A PERSONAL ATOMIZING DEVICE. NICOTINE IS A DANGEROUS DRUG THAT IS HIGHLY ADDICTIVE. NICOTINE, EVEN IN LOW DOSES, CAN HAVE A NUMBER OF POTENTIALLY HARMFUL SIDE EFFECTS INCLUDING BUT NOT LIMITED TO HIGH BLOOD PRESSURE, NAUSEA, VOMITING AND CANCER. THIS PRODUCT CONTAINS NICOTINE, A CHEMICAL KNOWN TO THE STATE OF CALIFORNIA TO CAUSE BIRTH DEFECTS AND OTHER REPRODUCTIVE HARM. THIS PRODUCT HAS NOT BEEN APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. KEEP OUT OF THE REACH OF CHILDREN. REFRAIN FROM USING THIS PRODUCT IF YOU ARE UNDER THE LEGAL SMOKING AGE IN YOUR STATE. THIS PRODUCT IS NOT AN AID FOR SMOKING CESSATION.
THE PRODUCT SHOULD NOT BE USED BY ANYONE UNDER THE AGE OF 18 OR ANYONE WHO IS PREGNANT, NURSING, OR BREASTFEEDING.
INFORMATION AND STATEMENTS REGARDING PRODUCT HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
3. PURCHASING THE PRODUCT
Upon placing your first order for the Product you will be enrolled in the Company’s Program. As a member in the Program, the Company will immediately send you a Starter Kit which includes one extended battery, a USB charger, one pack of cartridges, and an instruction manual, and all you pay for is shipping and handling at a rate of $4.95 (USD). In other words, upon enrollment in the Program, you authorize the Company to charge your credit card $4.95 (USD). As a member in the Program, you have 14 days to try the Product (the “Trial Period”). Please note that delivery time is subtracted from your Trial Period, and will reduce the number of days allocated to your Trial Period. If the Product is not right for you, call 1-877-647-3625 during the Trial Period, and, as long as you return the product in accordance with the time limit described in Section 4 below, the Company will not charge you another dollar. Otherwise, at the end of your Trial Period, as a member in the Program, your credit card will be charged $109.67 (USD) for the Product you already received. Then 30 days from your initial order of the Product, and every 30 days thereafter, you will be sent a new supply of the Product containing 2 packs of cartridges, (a total of 10 cartridges), and your credit card will be charged $69.62 (the “Monthly Fee”). Please note that Florida residents must add sales tax, and the Company will assess and collect state sales taxes on all charges for Florida residents.
YOU HEREBY AUTHORIZE COMPANY (OR ITS PARTNERS, AFFILIATES AND/OR AGENTS) TO CHARGE YOUR CREDIT CARD THE MONTHLY FEE AND YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH MONTHLY FEE CHARGED TO YOUR CREDIT CARD.
4. CANCELLATION AND REFUND AND EXCHANGE POLICY
If you wish to cancel future deliveries of the Product or receive an RMA number as described below, you must call 1-877-647-3625. If you cancel prior to the expiration of the Trial Period and would not like to be billed for the full amount of the Starter Kit, you must return the starter kit with a return merchandise authorization (“RMA”) number within 30 days from the date you placed your order. If you do cancel within the 14 day trial and do not want to be charged for the starter kit, we must receive your starter kit with an RMA number 30 days from the date you placed your order, otherwise you will be billed $109.67. If you fail to cancel prior to the expiration of the Trial Period, or if you fail to return the starter kit with an RMA number within the 30 days from when you placed your order, your credit card will be charged $109.67 for the Product that was shipped to you.
If you cancel after the expiration of the Trial Period, you may receive a refund, but only if the starter kit is received by us with an RMA number within 30 days from the date you place your order. Refunds will not be given on packages marked “Return to Sender.” All Product returns must be sent to NoFlame E-Cig, 1602 Alton Road, #565, Miami Beach, FL 33139-2421. For purposes of calculating the 30 days for this refund/return policy, each Product that is shipped to you after the expiration of the Trial Period is deemed to have been ordered when such Product is billed to your credit card.
5. GENERAL PAYMENT INFORMATION
All fees are payable in United States currency. Upon prior email notice to you, the Company may change its pricing and/or billing practices. If you do not agree with these changes, you may cancel your membership in the Program, but you will remain responsible for timely payment of any and all fees that you have already incurred, including any late fees. Continued acceptance of the Product after receipt of such email notice constitutes consent to any and all such changes.
6. LICENSE GRANT
The Company grants you a limited, revocable, non-transferable license to access and make personal use of the website and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of the website or its contents. This license does not permit any collection and use of any product listings, descriptions, or prices. This license does not permit any derivative use of the website or its contents. This license does not permit any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You obtain no other rights, interest, or claim to the website or any aspect of the website at all.
Upon request by the Company, you agree to defend, indemnify, and hold harmless the Company and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, and/or other partners from all liabilities, claims, and expenses, including without limitation attorney fees that arise from: (a) your use of the website or the Products; and/or (b) your breach of these Terms and/or the Program. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.
All content included on this website, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of the Company, and protected by United States and international copyright laws.
9. THIRD PARTY SITES
The Company may allow third parties to advertise on the website. Please be aware that the Company is not responsible for the business and privacy practices of these other sites. The Company encourages you to be aware of this when you leave the website, and to read the legal notices and privacy policies of each and every website you visit. This website may also contain links to other websites on the internet that are owned and operated by third parties. The Company does not control the information, products, or services available on these third party websites. The inclusion of any link does not imply endorsement by the Company of the applicable website or any association with the website’s operators. Because the Company has no control over such websites and resources, you agree that the Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, or for the protection of your data privacy by third parties. You agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
10. DISCLAIMER OF WARRANTIES
THE WEBSITE, ALL INFORMATION, ALL CONTENT, ALL MATERIALS, ALL SERVICES, AND ALL PRODUCTS OFFERED ON THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, SERVICES, AND THE PRODUCT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND THE PRODUCT ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE, THE PRODUCT AND/OR SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. CHOICE OF LAW AND ARBITRATION – PLEASE READ CAREFULLY
You and the Company agree that these Terms shall be treated as though it were executed and performed in Miami Beach, Florida. All matters relating to the Terms, relating to your access to or use of this website, relating to the Trial Offer, and relating to any products, services, and/or money exchanged between you and the Company, including any and all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ALL CLAIMS AND DISPUTES RELATING TO THE TERMS, YOUR ACCESS TO OR USE OF THIS WEBSITE, THE TRIAL OFFER, AND ANY PRODUCTS, SERVICES, CONTRACTS, AND/OR MONEY EXCHANGED BETWEEN YOU AND THE COMPANY.
ANY DISPUTE OR CLAIM BETWEEN YOU AND THE COMPANY RELATING TO THESE TERMS, YOUR ACCESS TO OR USE OF THIS WEBSITE, THE TRIAL OFFER, AND/OR ANY PRODUCTS, SERVICES, CONTRACTS, AND/OR MONEY EXCHANGED BETWEEN YOU AND THE COMPANY, SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD. FURTHER INFORMATION REGARDING ARBITRATION MAY BE FOUND AT WWW.ADR.ORG.
IF ANY COURT OR ARBITRATOR DETERMINES THE PROHIBITION ON CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE, THEN OUR AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN COURT.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
We each also agree that you or the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Arbitrations shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The Company will reimburse you all arbitration fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. To the extent the current version of the AAA’s Consumer Arbitration Rules are inconsistent with the terms provided herein, the AAA’s current rules will apply.
In the event the AAA is unable to handle the arbitration for any reason, You and the Company shall select a mutually agreeable alternate arbitration service to resolve any disputes and/or claims.
You represent and warrant that: (a) you are at least 18 years of age (or 19 years of age in the jurisdiction mentioned above); (b) you have the full right, power and authority to enter into this agreement; (c) by entering into this agreement you are not breaching any duty or obligation to any third party; and (d) the person consenting to these Terms is your duly authorized representative and authorized to bind you to the terms of these Terms. You may not assign or delegate any or all of your rights, obligations, and duties under these Terms without the prior written consent of the Company, which may be withheld in the Company’s sole discretion. If any clause or provision in these Terms is determined to be invalid or unenforceable, it will not affect the validity of any other clause or provision these Terms, which will remain in full force and effect. No waiver of any of the provisions of these Terms is binding unless it is in writing and signed by the Company. The failure of the Company to insist on the strict enforcement of any provision of these Terms does not constitute a waiver of any provision and all terms shall remain in full force and effect. These Terms supersede and replace all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, and together with the other documents referenced herein, constitutes the entire understanding of the parties with respect to the subject matter of these Terms.
14. CONTACT INFORMATION
If you have any questions about these Terms, please feel free to contact us at 1-877-647-3625, email us at [email protected], or write us at:
1521 Alton RD #752
Miami Beach, Florida 33139
Please DO NOT send returns to the above address, unless you received an RMA number. For returns, please see section 4 above.
You agree that the Company may send all email notices to the email address you entered into the website when you first placed an order with the Company. During the time you participate in the Program, you agree to maintain this email address as an active email address where the Company may contact you.