PRODUCT/E-COMMERCE STORE TERMS & CONDITIONS

OVERVIEW

These website terms and conditions of use for our Site, constitute a legal agreement and are entered into by and between you and us. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (including, without limitation, our Privacy Policy, our Shipping, Tracking and Missing Package Policy, 180 Smoke Loyalty Points Program Terms and Conditions, and our Product Warranty, Returns and Exchanges Policy) (collectively, these “Terms”), govern your access to and use of, including any content, functionality, and/or services offered on or through the Site.

Acceptance

BY USING THE SITE AND/OR BY CLICKING TO ACCEPT THE TERMS, AS THE CASE MAY BE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS (INCLUDING OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SITE.

Modifications to Terms and Site

We reserve the right in our sole discretion to update, change or replace any part of these Terms from time to time by posting updates and/or changes to our Site. Any and all such modifications are effective immediately upon posting and apply to all access and continued use of the Site. It is your responsibility to check this page periodically for changes. You agree to periodically review these Terms in order to be aware of any such modifications, and your continued use shall be your acceptance of these.

The information and material on this Site, and the Site, may be changed, withdrawn or terminated at any time in our sole discretion without notice to you. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.

WARNING: Please Read Carefully Before Using Our Products

NICOTINE WARNING

Vaping products contain nicotine. Nicotine is highly addictive. Vaping products also release chemicals that can harm your health. Youth and adult non-smokers should not vape.

Nicotine is not known to cause cancer.  Vaping with nicotine could:

• lead to dependence
• cause nicotine addiction among users who would not have started using nicotine otherwise (e.g. smoking)

Children and youth are especially susceptible to the harmful effects of nicotine, including addiction. They may become dependent on nicotine with lower levels of exposure than adults. Vaping liquid containing nicotine is poisonous, particularly to young children.

Nicotine:

• can affect memory and concentration
• is known to alter teen brain development

Exposure to nicotine during adolescence may cause

• reduced impulse control
• cognitive and behavioural problems

Vaping may predispose youth to addiction to nicotine and possibly other drugs.

Vaping substances have fewer and different chemicals than in tobacco products. Vegetable glycerine and propylene glycol are the main liquids in vaping products. These are considered safe for use in many consumer products such as cosmetics and sweeteners. However, the long-term safety of inhaling the substances in vaping products is unknown and continues to be assessed.

The amount of substances (including nicotine) a person can be exposed to by vaping is affected by the:

• battery power
• type of vaping device
• settings on the device
• combination of internal components
• type of vaping liquid and amount of nicotine
• user behaviour patterns
• user’s experience with vaping

Some of these chemicals and contaminants are linked to negative health effects. However, the amount of chemicals and contaminants in vapour is normally at much lower levels than in cigarette smoke. Talk to your health care provider about your options of quitting nicotine during pregnancy.

Second-hand vapour is not harmless but it does contain far fewer chemicals than second-hand smoke. Bystanders can be exposed to vapour that is exhaled by users. The health effects from exposure to second-hand vapour are still unknown. However, the risks are expected to be much lower compared to smoke from a tobacco product.  We recommend that users be cautious around non-users and youth.

Tips to handle vaping liquids safely

• Store out of sight and reach of young children and pets.
• Store vaping liquid in a cool, dry place where it cannot be confused for food, drinks, or medicine.
• Close the container securely after each use.
• Wash your hands immediately after handling vaping liquid.
• If someone has swallowed vaping liquids, seek emergency medical attention or call 9-1-1.

Tips to prevent injuries from batteries and vaping devices

• Do not modify your device.
• Buy batteries that are compatible with your device.
• Buy batteries from a trusted source.
• Do not carry lithium-ion batteries in your pocket or anywhere they can come into contact with loose coins, keys or other metal objects. Lithium-ion batteries can overheat, catch fire or even explode when in contact with metal objects. Incidents have caused serious injuries.
• Keep spare batteries in a protective case.
• Read the manufacturer’s instructions for storing and recharging your device.
• Do not exceed the recommended charging time.
• Store out of sight and reach of young children and pets.

If you notice a safety problem with a vaping device or vaping liquid, you can report the problem to the manufacturer or retailer.

If you experience any side effects, or possible side effects, stop using the product immediately and consult a physician. We want everyone to be safe so we can all continue to enjoy vaping and other harm reduction tools. Please use safe disposal methods for any products containing nicotine or batteries.

NICOTINE OVERDOSE SYMPTOMS MAY INCLUDE vomiting, nausea and/or diarrhea; headaches; troubled breathing; paleness of skin; sweating; heart palpitations; stomach cramps; drooling; and fatigue.

If you get any e-liquid on your skin or clothing, wash it off immediately with soap and cold water.

Poison Control Hotline – 1-800-222-1222

 SECTION 1 - SHIPPING, TRACKING AND MISSING PACKAGE POLICY

See here

SECTION 2 - PRODUCT WARRANTY, RETURNS AND EXCHANGES POLICY

See here

SECTION 3 - ONLINE & RETAIL STORE TERMS

BY AGREEING TO THESE TERMS, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY REQUIRED TO PURCHASE TOBACCO, NICOTINE AND/OR RELATED PRODUCTS IN YOUR PROVINCE OF RESIDENCE. A government-issued photo identification will be required during delivery or pick-up of any products sold by us, even if they do not contain nicotine. You must not use our products for any illegal or unauthorized purpose, or otherwise violate any laws applicable in your jurisdiction (including, but not limited to, vaping laws or copyright laws).

We are based in Ontario, Canada. We provide this Site for use only by persons located in Canada. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

We reserve the right in our discretion to refuse service to anyone, for any reason, at any time. You understand that your content may be transferred (in encrypted form) and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Any such transfers shall comply with our Privacy Policy and all applicable laws.

SECTION 4 - COUPONS, DISCOUNTS, & PROMOTIONS

A customer may use a coupon code that we have provided to them. A maximum of one coupon or discount can be used per transaction. Coupons codes cannot be used in combination with special sales or promotions. We only offer coupon codes, discounts and promotions in compliance with all applicable laws, including without limitation, the Tobacco and Vaping Products Act (Ontario).

SECTION 5 - INFORMATION, REVIEWS, & REFERENCES ON THIS SITE

Please note: the information and products on this Site are not intended to diagnose, treat, cure, or prevent any disease or addiction, including addiction to tobacco, nicotine or other substances. Products found on this Site are intended for recreational use. The content on our Site is provided for general information purposes only, and it is not intended to amount to advice on which you should rely, or to be considered a substitute for professional medical care from your physician or other medical expert(s). Information and statements regarding these products have not been evaluated by Health Canada or the FDA. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site.

Please read carefully through all product descriptions, keeping in mind that we all as individuals are different; therefore, actual results may vary among users of any of these products, including taste, number of puffs and battery life. The use of references to articles and statements made by any experts does not mean that these organizations and/or experts in any way endorse the products we offer for sale. Opinions expressed are solely those of the reviewer(s) and customer(s). The use of statements by customers who have used the products we sell are for illustrative purposes only. To the extent these customers have requested that their name be changed or picture not be included, we may use an alternative name suggested by them and stock photography. Statements about taste profile, battery life or other similar claims are subjective, and certainly do not reflect what every customer may experience when using that product. We display these statements with the best of intentions, to show you the results expected for the majority of users.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, logos, images, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by Canadian and international intellectual property laws including without limitation, copyright, trade-mark, patent, trade secret, and any other proprietary rights.

Our name(s), logos, product and service names, designs, images and slogans (including, without limitation, 180smoke.ca, 180 Smoke, 180smoke, 180smoke.com and vapemall.ca) are trade-marks that belong to us, or our affiliates and licensors. You must not use any of these trade-marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Site, are the trade-marks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable laws and could subject the infringer to legal action.

You may only use the Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except: (a)  your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; (c) with our prior written consent; and (d) in the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trade-mark, or other proprietary rights notices from copies of materials from this Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trade-mark, and other intellectual property or other proprietary laws.

SECTION 7 - ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATION

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. Your use of the Site is at your own risk. None of us, our parent, our subsidiaries, our affiliates (as applicable) and/or any of our or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Site. Any reliance on the content or information on this Site is at your own risk.

SECTION 8 - MODIFICATIONS TO THE SERVICE & PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to cease carrying any of our products (or any part or component thereof) without notice at any time. We shall not be liable to you or to any other third-party for any modification, price change, suspension, or discontinuance of any product.

SECTION 9 - PRODUCTS OR SERVICES

We have made every effort to display, as accurately as possible, the descriptions, specifications, colors and images of our electronic vaporizer products that appear at any of our stores. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue or stop carrying any product at any time. Any offer for any product made on this Site is void where prohibited. We do not warrant that the quality of any products, information, or other material purchased or obtained by you through our Site will meet your expectations, or that any related errors will be corrected.

SECTION 10 – ONLINE PURCHASES & PAYMENTS; ACCURACY OF BILLING, FRAUD RISK, & ACCOUNT INFORMATION

With respect to any purchase or transaction made on or through the Site, you agree that:

•         You will not use an invalid or unauthorized credit or debit card or other payment method;
•         You are solely responsible for identifying and selecting the product or service you wish to purchase;
•         Your payment will be charged to the credit or debit card or other payment method you use through our authorized third party service provider (our “Payment Partner”); and
•         By submitting your credit or debit card information through the Site, you expressly consent to the sharing of this information with our Payment Partner.

We do not save your credit card information in our servers.

We reserve the right, in our full discretion, to reject any and all orders or purchases made on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by scammers, competitors, or dealers. You agree to provide current, complete, and accurate purchase and account information in connection with all purchases made at any of our stores. You agree to promptly update your account and other information, including without limitation your e-mail address and credit card information, so that we can complete your transactions and contact you as needed.

SECTION 11 - THIRD-PARTY WEBSITES

For your convenience, this Site may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any use or transaction. Complaints, claims, concerns or questions regarding such third-party websites and/or products or services should be directed to the applicable third party.

Such links to third-party websites from the Site may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Site. You may only use these features when they are provided by us and solely with respect to the content identified.

Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with Section 12, directly below. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

SECTION 12 – CONDITIONS OF USE & PROHIBITED USE; USER COMMENTS, FEEDBACK, & OTHER SUBMISSIONS

Conditions of Use

As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms. The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Site, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions (as later defined). The Site may contain Interactive Functions allowing User Submissions on or through the Site. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service (collectively, “Content Standards”).

Without limiting the foregoing, you warrant and agree that your use of the Site and any User Submissions shall not: (a)  in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trade-mark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;  (b)  in any manner violate the terms of use of any third-party website that is linked to the Site, including but not limited to, any third-party social media website; (c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion; (d) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code; (e) involve, provide or contribute any false, inaccurate or misleading information; (f) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Content Standards; (g) impersonate or attempt to impersonate us, or any of our employees, 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); (h) transmit, or procure the sending of, any advertisements or promotions, or sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation; (i) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose us or any of them to liability; (j) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; (k) promote any illegal activity, or advocate, promote, or assist any unlawful act; (l) give the impression that such User Submissions originate from or are endorsed by us or any other person or entity, if this is not the case.

User Submissions & Grant of License

None of the User Submissions you submit to the Site will be subject to any confidentiality by us. By providing any User Submission to the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. For greater certainty, we are and shall be under no obligation to pay compensation for, or to respond to, any User Submissions.

By submitting the User Submissions you declare and warrant that you own or have the necessary right(s) to submit the User Submissions, and to grant the license to the User Submissions herein to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You also represent and warrant that all User Submissions comply with these Terms and the Content Standards.

We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Site. You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and that you are fully responsible and legally liable, including to any third party, for such content and its accuracy. You further understand and agree that none of us, our parent, our subsidiaries, our affiliates (as applicable) and/or any of our or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors shall have any liability or responsibility in respect of same.

This Site may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. Neither we nor any of our parent, subsidiaries, affiliates (as applicable), and/or our or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Site Monitoring and Enforcement, Suspension & Termination

We reserve the right, without provision of notice to: (a) remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion; (b) at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the these Terms and/or the Content Standards; (c) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site, and, without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site; and (d) terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.

YOU WAIVE, AND HOLD HARMLESS EACH OF US AND OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE), AND OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND/OR ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US AND/OR ANY OF THE FOREGOING PARTIES, OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content or comments provided by any user or third party, subject to applicable laws.

SECTION 13 - PRIVACY

Your submission of personal information through the Site is governed by our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES, & OMISSIONS

Occasionally there may be information on our Site that contains, without limitation, typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify any such information (including pricing information), except as required by law. No specified update or currency date should be taken as to indicate that any such information has been modified or updated.

SECTION 15 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching, or interfering with or circumventing, the security and/or authentication features or measures of the Site and/or the Internet; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material or code that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and/or (i) otherwise attempting to interfere with the proper working of the Site. We reserve the right to terminate your use of our Site for violating this Section or engaging in any other prohibited use.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE) AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE) AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE NOR OUR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES (AS APPLICABLE) AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

SECTION 17 - INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless each of us, our parent, subsidiaries, affiliates (as applicable), and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, your User Submissions, third-party sites, any use of the Site’s content, services, and products other than as expressly authorized in these Terms.

SECTION 18 – SECURITY

The security of your personal information (as such term is defined in our Privacy Policy is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user’s Internet connection are aware of these Terms and comply with them. The Site, including content or areas of the Site, may require user registration for an account. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Your provision of registration information for an account, and any User Submissions you make to the Site through any functionality such as chat rooms and e-mail (including without limitation any communications with our customer service team), message boards (e.g. vapers.180smoke.com, personal or interest group web pages (e.g. vapecan.ca), user profiles, forums (e.g. vaping wiki) (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise 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. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person or entity with access to this Site or portions of it (including through your account) using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. Additionally, you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

SECTION 19 – SEVERABILITY

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

SECTION 20 - ENTIRE AGREEMENT & WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. These Terms constitute the sole and entire agreement between you and us regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

SECTION 21 - GOVERNING LAW

The Site and these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule, and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this site and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

SECTION 22 - CONTACT INFORMATION

Questions or feedback about the Terms should be sent or addressed to us at 1-855-994-6180, [email protected] or 7941 JANE ST., UNIT #2, CONCORD, ON L4K 2M7, CANADA.  

In particular, should you become aware of misuse of the Site including libelous or defamatory conduct, you must report it to us at [email protected]. 

All requests for technical support should be directed to [email protected].