Terms and Conditions
Terms and Conditions
The entire content included in this site, including, but not limited to, text, graphics, software, and code, is copyrighted as a collective work under the United States and other copyright laws, and is the sole property of Mom and Pop Vapor Shop. The collective work may include works, trademarks, and other intellectual property that are licensed to Mom and Pop Vapor Shop by third parties and used with permission. Copyright 2014, Mom and Pop Vapor Shop ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this website for the sole and exclusive purpose of placing an order with Mom and Pop Vapor Shop or purchasing Mom and Pop Vapor Shop 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 Mom and Pop Vapor Shop or to purchase Mom and Pop Vapor Shop products. Any other use, including but not limited to the electronic or physical reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless previously written authorization is obtained from Mom and Pop Vapor Shop.
All trademarks, service marks, trade dress, and trade names of Mom and Pop Vapor Shop used in the website are common law marks or registered marks of Mom and Pop Vapor Shop. Other trademarks, product names, and company names or logos used on this website are the property of their respective owners.
This website and the materials and products available for purchase on this website are provided “as is” and without warranties of any kind, whether express or implied. Mom and Pop Vapor Shop disclaims, to the fullest extent permissible, all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Mom and Pop Vapor Shop does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. Mom and Pop Vapor Shop does not make any warranties or representations regarding the use of the materials on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
Neither Mom and Pop Vapor Shop nor its directors, officers, employees, agents, contractors, successors, or assigns of each shall be liable for any special, consequential, punitive, direct, or indirect damages that may result from the use of, or the inability to use, the materials on this website or the performance of the products available for purchase on the website, including damages for lost profits, business interruption, or the loss of data or information, even if Mom and Pop Vapor Shop has been advised of the possibility of such damages.
This website may contain typographical errors or inaccuracies and may not be current or complete. Mom and Pop Vapor Shop reserves the right to correct any errors or omissions and to change or update information at any time without prior notice. In the event that a Mom and Pop Vapor Shop product is mistakenly listed at an incorrect price or mistakenly listed as available when it is in fact unavailable, Mom and Pop Vapor Shop reserves the right to refuse or cancel any orders placed for the product. Mom and Pop Vapor Shop reserves the right to refuse or cancel any such orders whether or not 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, Mom and Pop Vapor Shop shall issue a credit to your credit card account in the amount previously charged.
These terms and conditions are applicable to you upon your accessing the website and throughout your completion of the registration and/or shopping process. These terms and conditions, or any part of them, may be terminated by Mom and Pop Vapor Shop without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, Choice of Law and Dispute Resolution, and License shall survive any termination.
Mom and Pop Vapor Shop 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 Mom and Pop Vapor Shop.
Choice of Law and Dispute Resolution
Your use of this website and all disputes between you and Mom and Pop Vapor Shop directly or indirectly arising out of or relating to the website, representations or statements made by Mom and Pop Vapor Shop, or Mom and Pop Vapor Shop products (whether purchased via the website or otherwise) shall be governed in all respects by the laws of the state of Virginia, United States of America, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods or other law. Any dispute arising out of or relating to the website, representations or statements made by Mom and Pop Vapor Shop, or Mom and Pop Vapor Shop products (whether purchased via the website or otherwise) shall be subject to binding arbitration to take place in Charlottesville, Virginia, pursuant to the rules of the American Arbitration Association. To the extent that the foregoing arbitration provision may be held void or unenforceable, the exclusive forum and venue for all such disputes shall be the state and federal courts for Albemarle County, Virginia. Any cause of action or claim you may have with respect to the website, representations or statements made by Mom and Pop Vapor Shop, or Mom and Pop Vapor Shop products must be commenced within one (1) year after the claim or cause of action arises. Mom and Pop Vapor Shop’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. Mom and Pop Vapor Shop 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 or through the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Mom and Pop Vapor Shop 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 website 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 website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Mom and Pop Vapor Shop 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, Mom and Pop Vapor Shop 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, Mom and Pop Vapor Shop reserves the right to block or remove communications or materials that it determines, in its sole discretion, 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 a third party, or (d) offensive or otherwise unacceptable. You should be skeptical about information posted or provided by other users and use any such information at your own risk. Mom and Pop Vapor Shop is not responsible for and does not endorse the opinions, advice, suggestions, or recommendations posted or sent by users of the website and specifically disclaims any liability in connection therewith.
You agree to indemnify, defend, and hold harmless Mom and Pop Vapor Shop, its directors, officers, employees, agents, contractors, licensors, licenses, and suppliers, and successors, and assigns of each (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 website using your Internet account.
Third Party Links
In an attempt to provide increased value to our visitors, Mom and Pop Vapor Shop may link to sites operated by third parties. However, even if the third party is affiliated with Mom and Pop Vapor Shop, Mom and Pop Vapor Shop has no control over these linked sites, all of which have separate privacy and data collection practices independent of Mom and Pop Vapor Shop. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mom and Pop Vapor Shop seeks to protect the integrity of its website 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).
Mom and Pop Vapor Shop does not want to receive confidential, proprietary, or trade secret information through this website (excluding personal and credit card or bank information that you may submit related to any order made through this website). Any information, suggestions, ideas or comments submitted through this website will be deemed non-confidential. By submitting any such information, you are granting Mom and Pop Vapor Shop an irrevocable, perpetual, and unrestricted license to use, modify, reproduce, distribute, display, and transmit such information for any purpose whatsoever, including Mom and Pop Vapor Shop’s marketing and advertising.