Terms & Conditions
TERMS OF USE: BLACKMESAVAPORS.COM
WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS
***PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU WARRANT AND ACKNOWLEDGE THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking "I agree to the Terms & Condition set forth here" you ("User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site. BLACKMESAVAPORS.COM reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User.
YOU MUST BE OVER 21 TO AGREE TO THIS AGREEMENT AND TO USE THIS SITE
This Agreement acknowledged and agreed to by a person over the age of twenty-one (21) years. If you do not meet this requirement, please leave the site now. There are no exceptions to this policy.
PRIVACY
To fully understand the conditions and business practices of BLACKMESAVAPORS.COM and your guidelines to conduct business with us, please review our Privacy Policy.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, BLACKMESAVAPORS.COM hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of BLACKMESAVAPORS.COM and are protected by copyrights, moral rights, trademarks, service marks, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by BLACKMESAVAPORS.COM. You agree to pay for any and all purchases and services made using your name and credit card or cash at our brick-and-mortar retail locations, not to challenge any such charges and to pay for all collections and/or attorney's fees resulting from any non-payment.
Use of the content or materials of this site for any purpose not expressly permitted in this Agreement is prohibited. You agree that if you are issued a Username and Password by BLACKMESAVAPORS.COM, you shall assume the responsibility to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying BLACKMESAVAPORS.COM immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily obtainable by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that BLACKMESAVAPORS.COM shall pursue such penalties to the full extent of the law to protect its rights.
YOUR BLACKMESAVAPORS.COM ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BLACKMESAVAPORS.COM only sells its products and services to smoking adults, 21 years or older, who own and can purchase with a credit card. If you are under 21, BLACKMESAVAPORS.COM and its affiliates will refuse service, terminate all of your accounts, remove or edit content posted by you, and cancel any orders immediately.
USER TRANSMISSIONS
Any material, information, idea or other communication you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by BLACKMESAVAPORS.COM for any purpose. BLACKMESAVAPORS.COM will have no obligations to the creator of said content it will be free to copy, disclose, distribute, incorporate and otherwise use the content and all data, images, sounds, text, and other things contained therein for any and all commercial and non-commercial purposes. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Except with regard to personal information, all information which you post on this site or communicate to BLACKMESAVAPORS.COM through this site (collectively "Submissions”) shall forever be the property of BLACKMESAVAPORS.COM. Without limitation, BLACKMESAVAPORS.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
MONEY BACK GUARANTEE
Due to the fact that our product is a consumable and cannot be repackaged or resold like most other electronic devices, we do not offer a full money back guarantee. All items that are deemed returnable by BLACKMESAVAPORS.COM will be processed and the customer will be given store credit only.
LIMITED WARRANTY
Please read carefully as to understand the warranty of our products.
Our products are manufactured from superior labs and technicians. However, even the best products may be used or abused in a variety of ways. Most of our products have a limited manufacturer's warranty beginning the day of delivery. Our products are not warrantied against misuse regardless if the damage was intentional. They are only warrantied for manufacturer's defects.
Eliquid and atomizer coils carry no warranty, because these are consumables that we are not allowed to accept back because of contamination reasons. Batteries which are damaged as a result of overfilled cartomizers/atomizers carry no warranty.
Any shipping costs associated with returning product(s) to the manufacturer is at the buyer’s expense. You must have receipt of purchase.
Buyer must send back to manufacturer. Include a full description of the defect along with your return address, telephone number, and legible proof of purchase. We are not responsible for damage or loss incurred as a result of postal handling. This Limited Warranty gives the original purchaser specific limited rights, in addition to those rights under applicable local law.
These terms are subject to change without notice.
OKLAHOMA GENERAL EXCISE TAX
BLACKMESAVAPORS.COM is owned and operated in the state of Oklahoma. Oklahoma does have a sales tax. The current Oklahoma tax rate is applied to all purchases made from BLACKMESAVAPORS.COM in accordance to our state laws and tax code.
COPYRIGHT
The copyright in all material provided on this Site (referred to herein as "Site") is held by Black Mesa Vapors LLC. (referred to herein as "BLACKMESAVAPORS.COM"). Except as stated herein, no material from the Site or any web site owned, operated, licensed or controlled by BLACKMESAVAPORS.COM, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and other laws.
TRADEMARKS
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and/or unregistered trademarks of Black Mesa Vapors LLC., unless otherwise noted.
APPLICABLE LAWS
This Site is controlled and operated by Black Mesa Vapors LLC from its offices in Oklahoma. BLACKMESAVAPORS.COM makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site are governed by the laws of the State of Oklahoma, without giving effect to any principles of conflicts of laws.
THIRD PARTY SITES
You may be transferred to other third party sites through links from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of BLACKMESAVAPORS.COM, are not monitored or reviewed by us, and we are not aware of the contents of such sites. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link does not imply endorsement of this site by BLACKMESAVAPORS.COM, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that BLACKMESAVAPORS.COM and its licensors have no liability whatsoever from such third party sites and your usage of them.
COPYRIGHT COMPLAINTS
BLACKMESAVAPORS.COM posts content regularly found on the internet for the usage and benefit of its visitors. We respect the intellectual property of others and If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our office immediately so that we may resolve these issues.
DISCLAIMER OF WARRANTIES
This Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by BLACKMESAVAPORS.COM on an "as is" basis, unless otherwise specified in writing. BLACKMESAVAPORS.COM make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.
To the full extent permissible by applicable law, BLACKMESAVAPORS.COM and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BLACKMESAVAPORS.COM does not warrant that this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their services; or email sent from BLACKMESAVAPORS.COM are free of viruses or other harmful components. BLACKMESAVAPORS.COM and its affiliates will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. 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. BLACKMESAVAPORS.COM reserves the right to change any and all content contained on this Site at any time without notice.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
BLACKMESAVAPORS.COM may suspend or terminate this Agreement or a User’s use immediately upon receipt of any notice which alleges that the User has committed fraud or used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, BLACKMESAVAPORS.COM may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and BLACKMESAVAPORS.COM shall not be liable for damages or results thereof and the User agrees not to bring any action or claim against BLACKMESAVAPORS.COM for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Oklahoma, USA. It can be access from all 50 states as well as from other countries around the world to the extent permitted by location. By accessing this site, you agree that the statues and laws of the state of Oklahoma shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
Addendum
By purchasing products from Black Mesa Vapors LLC you certify and agree that you are over 21 years of age and that products purchased from Black Mesa Vapors LLC are to be used solely by persons over the age of 21.
You agree that no claims about safety, health benefits or uses for the products were specifically stated by Black Mesa Vapors LLC.
You assume all liability for proper use of the products purchased from Black Mesa Vapors LLC.
Black Mesa Vapors LLC will not be held liable for any personal and/or property damage, illness, injury or financial loss caused by the use of the products or inability to use the products purchased from Black Mesa Vapors LLC.
Products sold by Black Mesa Vapors LLC have not been reviewed by the FDA and are not intended to treat, diagnose, prevent or cure any disease.
WARNING: This product is not a smoking cessation product and has not been tested as such. The FDA has not evaluated the safety of this product or any of the statements made by the manufacturer. This product is intended for use by persons of legal age or older, and not by children, women who are pregnant or breast feeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. Nicotine is addictive and habit forming, and can be toxic if in contact with skin, or if swallowed. Nicotine can increase your heart rate and blood pressure and cause dizziness, nausea, and stomach pain. Inhalation of this product may aggravate existing respiratory conditions. Ingestion of the non-vaporized concentrated ingredients can be poisonous. This product is not intended to diagnose, treat, cure or prevent any condition, disorder, disease or physical or mental condition. Links
CA Proposition 65 WARNING: This product contains nicotine, a chemical known to the State of California to cause birth defect or other reproductive harm. Ingredients: Tobacco-Derived Nicotine, Vegetable Glycerin, Propylene Glycol, and Natural and Artificial Flavors. Use only as intended - Under age sales to minors are prohibited and subject to criminal and civil penalties. Note: Store in original packaging when not in use.
Battery Warning
CAUTION: There is an inherent risk with the use of any and all rechargeable batteries in any circumstance. Use special caution when working with Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells, as they are very sensitive to charging characteristics and may explode or burn if mishandled. Make sure the user has enough knowledge of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells in charging, discharging, assembly and storage before use. Always charge in/on a fire-proof surface. Never leave charging batteries unattended. Do not use any rechargeable battery as well as any battery charger if any visible damage is present, as well as if the cell or charger has been stressed through mishandling, accidental or otherwise, even if damage may not be visible. Always store and transport rechargeable cells in a safe, non-conductive container in a controlled environment. Dispose of all battery cells and chargers in accordance to local laws and mandates. Do not use chargers purchased outside of blackmesavapors.com. Doing so may cause damage to the battery and malfunctions which can cause serious injuries. We are not responsible for damage of any modification to the batteries in form or shape. We are not responsible for any damage caused by misuse or mishandling of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells.
Learn more about proper storage and care for rechargeable batteries here: http://batteryuniversity.com/
REVISIONS AND MODIFICATIONS OF TERMS OF USE
BLACKMESAVAPORS.COM may revise these Terms of Use at any time. By using this Site, you agree to be bound by any such revisions.
