Terms & Conditions
INTRODUCTIONWelcome to MountainVaporz.com. This site is designed to be a fun, friendly, and welcome place where Customers may purchase high quality merchandise of exceptional value. To keep your experience a positive one, we want to avoid misunderstandings. MountainVaporz.com (that's "us" or "we") has prepared these Terms and Conditions for anyone using Mountain Vaporz products (that's "you"). We do this to help you understand us and the offerings on this site. By using this site, you agree to these Terms and Conditions and agree that they may be updated by MountainVaporz.com at any time and without notice. You are welcome to our site and we encourage you to use this site on a regular basis. You may not modify material on this site in any way.
TERMINATION OF USAGEWe may terminate or suspend your access of this site, all or in part, without notice, for any conduct which, in our sole discretion, is disruptive to MountainVaporz.com or is in violation of any law, or these Terms and Conditions.
CAPACITY TO CONTRACTMountainVaporz.com products are intended for persons of legal age (18 years or older in most jurisdictions; 19 years or older in Alabama, Alaska and Utah; 21 years or older in Hawai'i and New Jersey) only. By using this site, you represent to MountainVaporz.com that you are of legal age of majority in your jurisdiction and that you are at least 18 years of age (19 years or older in Alabama, Alaska and Utah; 21 years or older in Hawai'i and New Jersey).
LEGAL COMPLIANCEYou agree to comply with all applicable laws, statutes, ordinances and regulations when you use MountainVaporz.com and purchase products through the site. In our sole discretion, we may report actual or perceived violations to law enforcement or appropriate authorities.
ORDER ACCEPTANCEIf you place an order for merchandise on MountainVaporz.com, you agree to pay for the order by authorizing a corresponding charge to a valid credit card acceptable to us. We reserve the right to accept or decline your order at any time and for any reason. This is true even if you have received an order confirmation from us. We are not liable in any way if a financial institution which has issued a credit card to you refuses to honor the card for any reason. Customer hereby expressly authorizes and consents to Mountain Vaporz contacting customer via any means expressly authorized by law; regardless of customer appearing on any preexisting national do not call registries. Additionally, customer expressly and unequivocally agrees to receive autodialed calls for the purpose of receiving or verifying orders and for any means deemed appropriate by Mountain Vaporz, including but not limited to marketing and customer satisfaction surveys; should the customer wish to be removed from the marketing list please email a removal request to firstname.lastname@example.org.
SALES AND OTHER TAXESWe are required to collect sales tax on orders delivered to certain states. Unless you are able to provide us with a valid and correct tax exemption certificate prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order.
STORE CREDIT AND LOYALTY POINTSFrom Time to time and at Mountain Vaporz's option, Mountain Vaporz may initiate customer loyalty programs including but not limited to issuing store credit or offering enrollment into a loyalty point system. You expressly agree that such programs or offers do not represent any actual cash value and you may not redeem any such offer for cash value; nor do points or credits roll over from one year to the next. Furthermore, you agree that by accepting points or credit, or by enrolling in such programs or services such credit or points are valid until December 31 of the year of issuance of such points and you expressly grant Mountain Vaporz the right to zero out such credit or point account on December 31 of each year without notice. Mountain Vaporz furthermore reserves the right to zero out any accounts older than one year without notice and change such policy at any time without notice. Additionally, you agree to defend and hold harmless Mt Baler Vapor form any claim past or present resulting from such programs including but not limited to lost profit, interest, consequential or punitive damages.
PRODUCT AVAILABILITYEven when information on MountainVaporz.com indicates that a product is available, it may not be. We do not guarantee product availability under any circumstance. Without liability and without prior notice, we reserve the right to change, or discontinue any or all products or to cancel any order.
PRODUCT SERVICE AND SUPPORTFor (14) days following shipment to you of merchandise, EXCLUDING items listed below under Return Policy, you have ordered through MountainVaporz.com, you have an absolute guarantee of satisfaction from MountainVaporz.com. Shipping charges will not be refunded.
RETURNS POLICYCustomer Satisfaction is of utmost importance at MountainVaporz.com. If you are dissatisfied with merchandise purchased through MountainVaporz.com for any reason, please contact us so we can discuss the issue. For sanitary reasons, and the overall safety of our Customers, we cannot accept returns of cartridges, bottled liquid, drip tips, and used atomizers. Therefore, our Returns Policy EXCLUDES these kinds of items.
TYPOGRAPHICAL ERRORSAlthough we make all reasonable efforts to present only accurate and reliable information on MountainVaporz.com, it is still possible that errors may occur in pricing and/or product information. We may refuse or cancel any order for products listed with incorrect pricing or product information. This is true even if your credit card has been charged. However, if a credit card charge has been made, and we elect to refuse or cancel the order, we will issue a credit to your credit card in the amount of the charge.
LINKS TO OTHER SITESMountainVaporz.com may contain links to other Web sites which are owned and operated by third parties not connected with MountainVaporz.com. We do this solely as a convenience to you. MountainVaporz.com is not responsible for any of these sites or the contents you may find there. We do not endorse or guarantee the accuracy or completeness of content found on such sites.
COPYRIGHTAll textual, visual, audio, audiovisual content on the Site, as well as the compilation of such content, is protected by United States and international copyright laws and owned by Mountain Vaporz and/or the various contributors of such content. Copyrights in individual articles, postings, and comments are retained and owned by the authors thereof.
COMMENTS, POSTS, COMMUNICATIONS, AND OTHER USER CONTENTExcept as explicitly authorized by Mountain Vaporz, posting comments, articles, or any other content meeting any of the following criteria to the MountainVaporz.com is prohibited:
- Commercial advertising or any other content commonly identified as "spam";
- Content that is illegal, obscene, threatening, defamatory, invasive of another's privacy, infringing on others' intellectual property rights, or otherwise injurious to third parties;
- Content that consists of or directs users to viruses, spyware, worms, trojan horses, or other malware or malicious programs.
COPYRIGHT COMPLAINTSIf you are a copyright owner and believe the MountainVaporz.com site has been used to infringe the copyright in your work(s), please provide our copyright agent a written notification including the following points:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyright-protected work(s) that you claim to have been infringed;
- A description of the allegedly infringing material and where it is located on MountainVaporz.com, including the URL and any other identifying information where possible;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner,
- the copyright owner's agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An identification of the material that has been removed or disabled and the location where it appeared before it was removed or disabled, including a URL where possible.
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, telephone number, and email address.
- State that you consent to the jurisdiction of Federal District Court for the judicial district in which the physical address provided in # 3 is located (or, if the physical address is outside the United States, for the Western District of Washington).
- State that you will accept service of process from the person who provided notification to Mountain Vaporz of the alleged infringement, or from an agent of that person. Be signed by you, either physically or electronically. Mountain Vaporz's Designated Agent for notice of claims of copyright infringement on the Site can be reached as follows:
APPLICABLE LAWAny legal action brought against MountainVaporz.com shall be governed by the laws of the State of Pennsylvania. We make no representation that MountainVaporz.com content is appropriate for access outside the United States. If you access MountainVaporz.com from outside the United States, you are doing so at your own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this site.
INVALID TERMSIf any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions will not be affected. Your Ideas and Suggestions Are Welcome We'd really like to hear from you. Comments or suggestions about MountainVaporz.com are welcome. You may choose to play a significant role in making MountainVaporz.com an even better site. However, in order to allow a free exchange of ideas, MountainVaporz.com does not solicit or want to receive confidential or proprietary information. Therefore, any correspondence received from you is not considered confidential or proprietary and becomes the property of MountainVaporz.com without payment of compensation to you. We are free to use or not use your comments in any way we choose. By making comments to MountainVaporz.com, you assign to us all right, title and interest in copyrights and other intellectual property rights on a worldwide basis without charge.
BATTERIESPlease be aware of proper battery safety before using this battery. Do not charge over 4.2 volts or discharge below 3.0 volts, overcharging or over discharge can be potentially dangerous. Do not use battery if there is any question concerning safety, simply store in a safe until they can be properly disposed of. Never use a battery that shows any sign of damage or defect including the outer insulation commonly referred to as the "wrapper." Use caution and inspect your batteries on a regular basis. For more information on all things battery related visit www.batteryuniversity.com. This website is a goldmine of information Lithium-ion batteries are volatile. They may burn or explode with improper use. Do not use or charge with non-approved devices. Do not leave charging devices plugged into computers, laptops or wall units when not in use. Overuse of vaping devices may cause overheating, malfunction, and/or burns or injury. Do not unit unattended while charging anytime or overnight, and do not charge it in your vehicle. Keep away from high heat, direct sunlight, cold temperatures, humidity and water. Injury or death can occur. Do not replace batteries with non-approved units. Do not mix new and used batteries or different brands. When charging keep away from flammable areas such as but not limited to wood floors and carpets. Always use a fire resistant container or bag. Always have a fire extinguisher in an event of a fire. Do not use battery or devices that appear damaged. Do not expose battery to direct sunlight. In the event battery begins to balloon, swell, smoke, or become very hot, immediately disconnect the power to home or office from the circuit breaker. If a circuit breaker is unavailable, disconnect from outlet. Do not approach the battery for at least 2 hours and ensure the room is ventilated. Do not drop, damage, or tamper with batteries. Always use a surge protector. Do not throw batteries into fire. Do not connect improperly. Do not charge batteries unless are specifically labeled as "rechargeable". Do not carry or store batteries together with a metallic necklace, in your pockets, purse, or anywhere they may be exposed to metals. Keep away from children and pets. Should a child/pet swallow or chew on a battery, immediately consult a physician and or call your local Poison Control Center. Always turn off vaping devices with on/off switches when not in use. Unplug charging units when not in use. Failure to follow warnings may result in electric shock, fire, property damage, bodily injury, or death.
- Do NOT over-charge or over-discharge your e-cig battery. Just like charging any type of device, you should also make sure you don't "Charge it and forget it." Stay in the vicinity of your device during the charging process to ensure no overheating occurs. Check on charger every 15-30 minutes. Do not charge overnight (do not leave battery in charger unattended). Do not leave batteries in discharged state over long periods of time. This will lead to irreversible damage, creating a loss in capacity and a loss in cycles. NEVER leave your device charging in a car when you are not present and NEVER unattended. Car environments are not suitable for charging your device unattended. In fact during summer months a vehicle exposed to 90 degree day will reach over 138 degrees Fahrenheit in 90 minutes. Batteries charging in this environment can catch fire and even explode in your vehicle. Never leave a battery in this environment.
- Do NOT let your batteries touch each other or other metallic items. A battery of any kind, if poorly made or damaged, is at risk of igniting. It is better that your vape device stays away from other metallic items in your pocket or purse. These items can also create a spark if coming into contact with your device. Especially if the battery is poorly made or leaking, this could cause an explosion resulting in burns.
- Keep batteries in holders when transporting and not in use. Don't forget, any vape device is fragile and is NOT made to be thrown, left in elements like sun, extreme cold, or conditions that can cause overheating (example: Leaving the vape device or the battery in your car on a hot day). Protect your device like you would any other expensive piece of hardware.
- Avoid using cheap batteries and chargers as well as batteries not intended for your device. Just like cheap chargers that are used with your cell phone can degrade and damage the battery over time, the same can happen with your vape device. We recommend that you ONLY utilize the battery that came with your device hardware. Also, for maximum performance make sure that you never use batteries not intended for your vape cartridge or tank hardware.
- Properly dispose of old batteries! Just like with a cell phone, your vape device battery won't last forever. Make sure your manufacturer has a lifetime warranty and that they have a policy where they will take back your old batteries to dispose of properly and replace yours with a new one. If they do not offer this warranty, then for the sake of safety, take you old batteries to a recycling center. Never toss your old battery into the garbage.
E-LIQUIDWARNING: Mountain Vaporz e-liquid products contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Our products are not smoking cessation products and have not been tested as such. Our products are intended for use by adults of legal smoking and vaping age in their relevant jurisdiction, and not by children, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes or taking medicine for depression or asthma, or who otherwise may be sensitive to nicotine. Nicotine is addictive and habit forming, and it is toxic by inhalation, in contact with the skin, or if swallowed. Ingestion of the non-vaporized concentrated e-liquid ingredients can be poisonous. Keep away from children and pets. If ingested, immediately consult your doctor or vet. Our e-liquid products have not been evaluated by the Food and Drug Administration nor are they intended to treat, mitigate, prevent or cure any disease or condition. Prop 65 warning: This product contains chemicals known to the State of California to cause Cancer, Birth Defects, or other reproductive harm. Do not use if pregnant or nursing, keep out of reach of children. Harmful or fatal is swallowed. Sale only allowed in the United States.
These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will Mountain Vaporz LLC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site. You agree to indemnify, defend, and hold harmless Mountain Vaporz, 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.
WARRANTY DISCLAIMER: THE MOUNTAIN VAPORZ SITE, MOUNTAIN VAPORZ RETAIL OUTLETS, AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, PRODUCTS, THIRD PARTY PRODUCTS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICE, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICE, YOU USE THE MOUNTAIN VAPORZ SITE, MOUNTAIN VAPORZ RETAIL OUTLETS, PRODUCTS, THIRD PARTY PRODUCTS AND THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM (a) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (b) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, (c) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE FURTHER DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW, STATUTE, OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR PRODUCTS OR UNITS BY US OR ANY OF OUR CONTRACTORS OR AGENTS. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED IN CONNECTION WITH THE MOUNTAIN VAPORZ SITE, MOUNTAIN VAPORZ RETAIL OUTLETS, AND THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE, TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA, OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS THE SERVICE OR THIS AGREEMENT, EVEN IF MOUNTAIN VAPORZ HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND. THE MOUNTAIN VAPORZ SITE, MOUNTAIN VAPORZ RETAIL OUTLETS, AND THE SERVICE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT SOLD ON THIS SITE. THE MERCHANDISE, PRODUCTS AND SERVICES ON THIS SITE ARE OFFERED AND PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IF WE BREACH THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCT ORDERED BY YOU WHICH HAS CAUSED SUCH A CLAIM TO ARISE.