Terms of Use

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THIS SITE IS INTENDED FOR AUDIENCES OF LEGAL AGE ONLY.

The products listed herein are intended for responsible adults of smoking age who wish to try new products. It is purely intended for entertainment purposes. We do not advocate the use of electronic cigarettes and hope that if you try the products provided on this site, you do so with moderation and caution. It is not the intent to promote mis-use of nicotine, smoking, or any other form of product abuse. We cannot take any responsibility for the effect these devices may have on people, as few of the products have been tested thus far. Some or even all electronic cigarettes may be bad for your health, but that is still in the unknown due to the new technology not being around for very long. Information on this web site is provided “as is” without warranty 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. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Manufacturers in partnership with TheCloudyVapor.com may also make improvements and/or changes in the products and/or the services at any time without notice. Per the new FTC regulations, we at TheCloudyVapor.com are required to say that every page on this site has been created to generate revenue. This site generates income through the sale of our products. The opinions contained in this site are those of the writer/site owner/ or third party are strictly our own or their own. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. TheCloudyVapor.com and the entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TheCloudyVapor.com. The collective work includes works that are licensed to TheCloudyVapor.com. Copyright 2015, TheCloudyVapor.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TheCloudyVapor.com or purchasing TheCloudyVapor.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TheCloudyVapor.com or to purchase TheCloudyVapor.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TheCloudyVapor.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Warranty Disclaimer

All products purchased from TheCloudyVapor.com comes with a 30-day limited warranty from the date of purchase, which warrants manufacturer defects. The 30-day limited warranty ONLY covers defects in material quality and faulty craftsmanship from the manufacturer. It DOES NOT cover normal wear and tear, misuse, and or intention/accidental damage by the user. Any request to warrant products showing clear signs of device modification, tampering, misuse, and or abuse will be denied. Please be sure to include the name used on the original purchase as well as the order number and all proof of purchase.

For reasons regarding health and sanitation we do not accept returns on e-liquids unless they were shipped in error and unopened.

If you have received a defective product and are in the TheCloudyVapor.com 30-day warranty window period, please feel free to contact us at customerservice@thecloudyvapor.com.

Limitation of Liability

TheCloudyVapor.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TheCloudyVapor.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

If a TheCloudyVapor.com product is mistakenly listed at an incorrect price, TheCloudyVapor.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TheCloudyVapor.com reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TheCloudyVapor.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated byTheCloudyVapor.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

TheCloudyVapor.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TheCloudyVapor.com.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choose of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TheCloudyVapor.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase ofTheCloudyVapor.com products) must be commenced within one (1) year after the claim or cause of action arises. TheCloudyVapor.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.TheCloudyVapor.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TheCloudyVapor.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

TheCloudyVapor.com does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TheCloudyVapor.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TheCloudyVapor.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TheCloudyVapor.com in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless TheCloudyVapor.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

To provide increased value to our visitors, TheCloudyVapor.com may link to sites operated by third parties. However, even if the third party is affiliated with TheCloudyVapor.com, TheCloudyVapor.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TheCloudyVapor.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TheCloudyVapor.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Age Policy

TheCloudyVapor.com is required by law and committed to preventing sales to anyone under the legal purchasing age for any of our products. When you place an order, your name and address are used to confirm your identity and age. This process only must be done once. In some cases, we might be unable to verify your age during check-out and will need you to provide alternate information to complete your order.

 

Last Four Digits of SSN and Date of Birth

ID Upload

 

TheCloudyVapor.com uses AgeChecker.net. This is done to meet FDA and State requirements regarding tobacco and vapor product sales. AgeChecker.net, is an industry leader in age verification, and uses multiple trusted and secure data sources to verify the information provided with each order. This process has been developed with privacy and security in mind. Sensitive information is neither shared nor accessible. It is our commitment to ensure timely and expedient service, and refusal to utilize these services will result in cancellation of your order.

 

Disclaimer: We reserve the right to use third party age verification systems, in accordance with federal law. If necessary, we reserve the right to ask for identification if necessary. You must be legal smoking age for the state in which you reside to obtain and use a credit card and to purchase electronic cigarette products. In instances in which credit card verification is not enough, we may require to review your identification card. You will be asked to fax or email a legible copy of your identification clearly showing your age and shipping address. We will require a signed authorization note along with a legible copy of your identification card. We will cancel the order if proper identification cannot be given in an appropriate amount of time. All fraudulent orders may be reported to the local authorities within your vicinity.