Thiswebsite is operated by 5-Star Vapor. Throughout the site, the terms “we”, “us”and “our” refer to 5-Star Vapor. 5-Star Vapor offers this website, includingall information, tools and services available from this site to you, the user,conditioned upon your acceptance of all terms, conditions, policies and noticesstated here.
Byvisiting our site and/ or purchasing something from us, you engage in our“Service” and agree to be bound by the following terms and conditions (“Termsof Service”, “Terms”), including those additional terms and conditions andpolicies referenced herein and/or available by hyperlink. These Terms ofService apply to all users of the site, including without limitation users whoare browsers, vendors, customers, merchants, and/ or contributors of content.
Pleaseread these Terms of Service carefully before accessing or using our website. Byaccessing or using any part of the site, you agree to be bound by these Termsof Service. If you do not agree to all the terms and conditions of this agreement,then you may not access the website or use any services. If these Terms ofService are considered an offer, acceptance is expressly limited to these Termsof Service.
Any newfeatures or tools which are added to the current store shall also be subject tothe Terms of Service. You can review the most current version of the Terms ofService at any time on this page. We reserve the right to update, change orreplace any part of these Terms of Service by posting updates and/or changes toour website. It is your responsibility to check this page periodically forchanges. Your continued use of or access to the website following the postingof any changes constitutes acceptance of those changes.
Our storeis hosted on Shopify Inc. They provide us with the online e-commerce platformthat allows us to sell our products and services to you.
SECTION 1 - ONLINESTORE TERMS
Byagreeing to these Terms of Service, you represent that you are at least the ageof majority in your state or province of residence, or that you are the age ofmajority in your state or province of residence and you have given us yourconsent to allow any of your minor dependents to use this site.
You maynot use our products for any illegal or unauthorized purpose nor may you, in theuse of the Service, violate any laws in your jurisdiction (including but notlimited to copyright laws).
You mustnot transmit any worms or viruses or any code of a destructive nature.
A breachor violation of any of the Terms will result in an immediate termination ofyour Services.
SECTION 2 - GENERALCONDITIONS
We reservethe right to refuse service to anyone for any reason at any time.
Youunderstand that your content (not including credit card information), may betransferred unencrypted and involve (a) transmissions over various networks;and (b) changes to conform and adapt to technical requirements of connectingnetworks or devices. Credit card information is always encrypted duringtransfer over networks.
You agreenot to reproduce, duplicate, copy, sell, resell or exploit any portion of theService, use of the Service, or access to the Service or any contact on thewebsite through which the service is provided, without express writtenpermission by us.
Theheadings used in this agreement are included for convenience only and will notlimit or otherwise affect these Terms.
SECTION 3 - ACCURACY,COMPLETENESS AND TIMELINESS OF INFORMATION
We are notresponsible if information made available on this site is not accurate,complete or current. The material on this site is provided for generalinformation only and should not be relied upon or used as the sole basis formaking decisions without consulting primary, more accurate, more complete ormore timely sources of information. Any reliance on the material on this siteis at your own risk.
This sitemay contain certain historical information. Historical information,necessarily, is not current and is provided for your reference only. We reservethe right to modify the contents of this site at any time, but we have noobligation to update any information on our site. You agree that it is yourresponsibility to monitor changes to our site.
SECTION 4 -MODIFICATIONS TO THE SERVICE AND PRICES
Prices forour products are subject to change without notice.
We reservethe right at any time to modify or discontinue the Service (or any part orcontent thereof) without notice at any time.
We shallnot be liable to you or to any third-party for any modification, price change,suspension or discontinuance of the Service.
SECTION 5 - PRODUCTSOR SERVICES (if applicable)
Certainproducts or services may be available exclusively online through the website.These products or services may have limited quantities and are subject toreturn or exchange only according to our Return Policy.
We havemade every effort to display as accurately as possible the colors and images ofour products that appear at the store. We cannot guarantee that your computermonitor's display of any color will be accurate.
We reservethe right, but are not obligated, to limit the sales of our products orServices to any person, geographic region or jurisdiction. We may exercise thisright on a case-by-case basis. We reserve the right to limit the quantities ofany products or services that we offer. All descriptions of products or productpricing are subject to change at anytime without notice, at the sole discretionof us. We reserve the right to discontinue any product at any time. Any offer forany product or service made on this site is void where prohibited.
We do notwarrant that the quality of any products, services, information, or othermaterial purchased or obtained by you will meet your expectations, or that anyerrors in the Service will be corrected.
SECTION 6 - ACCURACYOF BILLING AND ACCOUNT INFORMATION
We reservethe right to refuse any order you place with us. We may, in our solediscretion, limit or cancel quantities purchased per person, per household orper order. These restrictions may include orders placed by or under the samecustomer account, the same credit card, and/or orders that use the same billingand/or shipping address. In the event that we make a change to or cancel anorder, we may attempt to notify you by contacting the e-mail and/or billingaddress/phone number provided at the time the order was made. We reserve theright to limit or prohibit orders that, in our sole judgment, appear to beplaced by dealers, resellers or distributors.
You agreeto provide current, complete and accurate purchase and account information forall purchases made at our store. You agree to promptly update your account andother information, including your email address and credit card numbers andexpiration dates, so that we can complete your transactions and contact you asneeded.
For moredetail, please review our Returns Policy.
SECTION 7 - OPTIONALTOOLS
We mayprovide you with access to third-party tools over which we neither monitor norhave any control nor input.
Youacknowledge and agree that we provide access to such tools ”as is” and “asavailable” without any warranties, representations or conditions of any kindand without any endorsement. We shall have no liability whatsoever arising fromor relating to your use of optional third-party tools.
Any use byyou of optional tools offered through the site is entirely at your own risk anddiscretion and you should ensure that you are familiar with and approve of theterms on which tools are provided by the relevant third-party provider(s).
We mayalso, in the future, offer new services and/or features through the website(including, the release of new tools and resources). Such new features and/orservices shall also be subject to these Terms of Service.
SECTION 8 -THIRD-PARTY LINKS
Certaincontent, products and services available via our Service may include materialsfrom third-parties.
Third-partylinks on this site may direct you to third-party websites that are notaffiliated with us. We are not responsible for examining or evaluating thecontent or accuracy and we do not warrant and will not have any liability orresponsibility for any third-party materials or websites, or for any othermaterials, products, or services of third-parties.
We are notliable for any harm or damages related to the purchase or use of goods,services, resources, content, or any other transactions made in connection withany third-party websites. Please review carefully the third-party's policiesand practices and make sure you understand them before you engage in anytransaction. Complaints, claims, concerns, or questions regarding third-partyproducts should be directed to the third-party.
SECTION 9 - USERCOMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at ourrequest, you send certain specific submissions (for example contest entries) orwithout a request from us you send creative ideas, suggestions, proposals,plans, or other materials, whether online, by email, by postal mail, orotherwise (collectively, 'comments'), you agree that we may, at any time,without restriction, edit, copy, publish, distribute, translate and otherwiseuse in any medium any comments that you forward to us. We are and shall beunder no obligation (1) to maintain any comments in confidence; (2) to paycompensation for any comments; or (3) to respond to any comments.
We may,but have no obligation to, monitor, edit or remove content that we determine inour sole discretion are unlawful, offensive, threatening, libelous, defamatory,pornographic, obscene or otherwise objectionable or violates any party’sintellectual property or these Terms of Service.
You agreethat your comments will not violate any right of any third-party, includingcopyright, trademark, privacy, personality or other personal or proprietaryright. You further agree that your comments will not contain libelous orotherwise unlawful, abusive or obscene material, or contain any computer virusor other malware that could in any way affect the operation of the Service orany related website. You may not use a false e-mail address, pretend to besomeone other than yourself, or otherwise mislead us or third-parties as to theorigin of any comments. You are solely responsible for any comments you makeand their accuracy. We take no responsibility and assume no liability for anycomments posted by you or any third-party.
SECTION 10 - PERSONALINFORMATION
SECTION 11 - ERRORS,INACCURACIES AND OMISSIONS
Occasionallythere may be information on our site or in the Service that contains typographicalerrors, inaccuracies or omissions that may relate to product descriptions,pricing, promotions, offers, product shipping charges, transit times andavailability. We reserve the right to correct any errors, inaccuracies oromissions, and to change or update information or cancel orders if anyinformation in the Service or on any related website is inaccurate at any timewithout prior notice (including after you have submitted your order).
Weundertake no obligation to update, amend or clarify information in the Serviceor on any related website, including without limitation, pricing information,except as required by law. No specified update or refresh date applied in theService or on any related website, should be taken to indicate that all informationin the Service or on any related website has been modified or updated.
SECTION 12 -PROHIBITED USES
Inaddition to other prohibitions as set forth in the Terms of Service, you areprohibited from using the site or its content: (a) for any unlawful purpose;(b) to solicit others to perform or participate in any unlawful acts; (c) toviolate any international, federal, provincial or state regulations, rules,laws, or local ordinances; (d) to infringe upon or violate our intellectualproperty rights or the intellectual property rights of others; (e) to harass,abuse, insult, harm, defame, slander, disparage, intimidate, or discriminatebased on gender, sexual orientation, religion, ethnicity, race, age, nationalorigin, or disability; (f) to submit false or misleading information; (g) toupload or transmit viruses or any other type of malicious code that will or maybe used in any way that will affect the functionality or operation of theService or of any related website, other websites, or the Internet; (h) tocollect or track the personal information of others; (i) to spam, phish, pharm,pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or(k) to interfere with or circumvent the security features of the Service or anyrelated website, other websites, or the Internet. We reserve the right toterminate your use of the Service or any related website for violating any ofthe prohibited uses.
SECTION 13 -DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do notguarantee, represent or warrant that your use of our service will beuninterrupted, timely, secure or error-free.
We do notwarrant that the results that may be obtained from the use of the service willbe accurate or reliable.
You agreethat from time to time we may remove the service for indefinite periods of timeor cancel the service at any time, without notice to you.
Youexpressly agree that your use of, or inability to use, the service is at yoursole risk. The service and all products and services delivered to you throughthe service are (except as expressly stated by us) provided 'as is' and 'asavailable' for your use, without any representation, warranties or conditionsof any kind, either express or implied, including all implied warranties orconditions of merchantability, merchantable quality, fitness for a particularpurpose, durability, title, and non-infringement.
In no caseshall 5-Star Vapor, our directors, officers, employees, affiliates, agents,contractors, interns, suppliers, service providers or licensors be liable forany injury, loss, claim, or any direct, indirect, incidental, punitive,special, or consequential damages of any kind, including, without limitationlost profits, lost revenue, lost savings, loss of data, replacement costs, orany similar damages, whether based in contract, tort (including negligence),strict liability or otherwise, arising from your use of any of the service orany products procured using the service, or for any other claim related in anyway to your use of the service or any product, including, but not limited to,any errors or omissions in any content, or any loss or damage of any kindincurred as a result of the use of the service or any content (or product)posted, transmitted, or otherwise made available via the service, even ifadvised of their possibility. Because some states or jurisdictions do not allowthe exclusion or the limitation of liability for consequential or incidentaldamages, in such states or jurisdictions, our liability shall be limited to themaximum extent permitted by law.
SECTION 14 -INDEMNIFICATION
You agreeto indemnify, defend and hold harmless 5-Star Vapor and our parent,subsidiaries, affiliates, partners, officers, directors, agents, contractors,licensors, service providers, subcontractors, suppliers, interns and employees,harmless from any claim or demand, including reasonable attorneys’ fees, madeby any third-party due to or arising out of your breach of these Terms ofService or the documents they incorporate by reference, or your violation ofany law or the rights of a third-party.
SECTION 15 -SEVERABILITY
In theevent that any provision of these Terms of Service is determined to beunlawful, void or unenforceable, such provision shall nonetheless beenforceable to the fullest extent permitted by applicable law, and theunenforceable portion shall be deemed to be severed from these Terms ofService, such determination shall not affect the validity and enforceability ofany other remaining provisions.
SECTION 16 -TERMINATION
Theobligations and liabilities of the parties incurred prior to the terminationdate shall survive the termination of this agreement for all purposes.
TheseTerms of Service are effective unless and until terminated by either you or us.You may terminate these Terms of Service at any time by notifying us that youno longer wish to use our Services, or when you cease using our site.
If in oursole judgment you fail, or we suspect that you have failed, to comply with anyterm or provision of these Terms of Service, we also may terminate thisagreement at any time without notice and you will remain liable for all amountsdue up to and including the date of termination; and/or accordingly may denyyou access to our Services (or any part thereof).
SECTION 17 - ENTIREAGREEMENT
Thefailure of us to exercise or enforce any right or provision of these Terms ofService shall not constitute a waiver of such right or provision.
TheseTerms of Service and any policies or operating rules posted by us on this siteor in respect to The Service constitutes the entire agreement and understandingbetween you and us and govern your use of the Service, superseding any prior orcontemporaneous agreements, communications and proposals, whether oral orwritten, between you and us (including, but not limited to, any prior versionsof the Terms of Service).
Anyambiguities in the interpretation of these Terms of Service shall not beconstrued against the drafting party.
SECTION 18 -GOVERNING LAW
TheseTerms of Service and any separate agreements whereby we provide you Servicesshall be governed by and construed in accordance with the laws of 545 NiagaraSt Welland Ontario CA L3B 1L8.
SECTION 19 - CHANGESTO TERMS OF SERVICE
You canreview the most current version of the Terms of Service at any time at thispage.
We reservethe right, at our sole discretion, to update, change or replace any part ofthese Terms of Service by posting updates and changes to our website. It isyour responsibility to check our website periodically for changes. Yourcontinued use of or access to our website or the Service following the postingof any changes to these Terms of Service constitutes acceptance of thosechanges.
SECTION 20 - CONTACTINFORMATION
Questionsabout the Terms of Service should be sent to us at email@example.com.