TERMS OF USE

PRIOR TO USING THIS WEBSITE READ THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS YOU SHOULD NOT VIEW, OBTAIN OR REQUEST ASSISTANCE OR SERVICES, OR PURCHASE PRODUCTS ON THIS WEBSITE.

OUR PRODUCTS ARE NOT MEDICAL DEVICES AND ARE NOT SMOKING CESSATION AIDS.

AGE RESTRICTIONS

You must be of legal smoking age in your state or older to enter this website or to purchase products. We will not sell any of our products to anyone who is under the legal age determined by your state. By entering this website or by purchasing products you are confirming that you are of legal age to purchase and use nicotine and nicotine-related products in the state, country or territory where you are based. We retain the right to restrict the purchase of nicotine or nicotine-related products.

In an effort to comply with new federal regulations and state-specific minimum age requirements, Liberty Menu LLC has implemented a third-party age verification system. Third-party (automated) age verification is performed by Electronic Verification Systems. Neither Liberty Menu LLC nor Electronic Verification Systems will store, share, or sell information collected for age verification purposes.

ACCEPTANCE OF TERMS OF USE

You agree to the terms and conditions outlined in this Terms of Use (“Agreement”) with respect to our website. This Agreement constitutes the entire and sole agreement between you, the consumer, and us. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings between you, the consumer, and us with respect to this website, the content, products, or services provided or sought through this website. This Agreement may be amended by us at any time and from time to time without any notice to you. You may not assume that this Agreement will remain the same and you agree to check the Agreement each time you visit this website for any amendments.

APPLICABLE LAWS

If you access this website or purchase products from anywhere in the United States or Canada, you agree that the substantive and procedural laws of the Commonwealth of Pennsylvania, United States, apply regardless of conflict of law or inconvenience. If you access this website or purchase products from anywhere other than the United States or Canada, you agree to that the substantive and procedural laws of the United States will apply regardless of conflict of law or inconvenience. Any dispute of any sort involving Liberty Vapor, Liberty Menu, LLC, its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and the United States of America.

SAFETY WARNINGS

Because clinical studies about the safety and efficacy of our products for their intended use have not been submitted to the Food and Drug Administration, Liberty Vapor, Liberty Menu, LLC, its affiliates and subsidiaries make no representations or warranties regarding the safety and efficacy of these products for their intended use or the safety of the types, concentrations or doses of nicotine contained in our products.

DISCLAIMER

WE ENDEAVOR TO KEEP THE INFORMATION ON OUR WEBSITE UP TO DATE AND CORRECT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THIS WEBSITE OR THE INFORMATION, DESCRIPTIONS, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

THE PRODUCTS AND INFORMATION FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND PRODUCTS SHOULD NOT BE USED BY PREGNANT OR NURSING WOMEN OR THOSE WITH AN ALLERGY TO EITHER NICOTINE, PROPYLENE GLYCOL OR VEGETABLE GLYCERINE. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT OR INFORMATION. IN PARTICULAR, BUT NOT LIMITED TO, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, DAMAGES OR LOSS DUE TO ANY COMPUTER VIRUS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS WEBSITE AND THE PRODUCTS AND INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

INDEMNIFICATION

You, the consumer, your administrators, fiduciaries, heirs, and assigns, agree to indemnify and hold harmless Liberty Vapor, Liberty Menu, LLC, its affiliates and subsidiaries, its members, officers, directors, employees, agents, contractors, licensors and suppliers from any and all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of this Agreement or any activity related to your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing your account.

PAYMENTS

If you are purchasing any product from us you represent and warrant the following: (1) any credit card information you supply is true, accurate and complete; (2) charges incurred by you will be honored by your credit card company; and (3) you will pay all charges incurred by you including any shipping costs and taxes, if applicable, even if your credit card is not honored.

RETURN POLICY

By placing an order you attest that you have read this Return Policy. No refunds will be issued once an order has shipped.

E-Liquid: No refunds or exchanges will be issued on any e-liquid.

Consumable Hardware: There is no warranty on atomizers, cartomizers or clearomizers. Defective consumable hardware may be returned at your expense and an exchange or replacement part will be provided to you only upon our receipt and evaluation of the defective part or product. Eligibility for refunds, repairs or replacement is limited to manufacturing defects or premature failure. We are not responsible for any defect or damages due to consumer misuse, abuse, modification or repair not completed by Liberty Vapor.

Warranty: The default warranty period for all products (unless otherwise stated in this Agreement or in the product description) is 14 days from shipment date. We recommend that you test all products upon receipt as the warranty period expires regardless of whether or not you have tested it. In the event that our 14 day warranty period has expired and the purchased item is still covered by a manufacturer’s warranty, contact the manufacturer directly.

COPYRIGHT AND TRADEMARKS

All matters related to this website including the content, graphics, descriptions, designs, information, names (including but not limited to Liberty Vapor and Liberty Menu, LLC) and product names are protected under the applicable copyright, trademark, and intellectual property rights of the United States. Any use, including but not limited to, the transmission or download of any information on this website is strictly limited to the purpose of purchasing products or placing an order with us. Commercial or resale use of this website including any information herein is strictly prohibited. Any other use or changes to the information on this website is strictly prohibited.