Last Revised: January 13, 2019
License and Use of Content
You may only use the Site and the Content for your own Personal Use, as defined below, and you have no right to transfer, assign or use the Content for any other purpose or to allow or enable anyone else to do so. Personal use means nothing commercial or charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for the benefit of someone else (“Personal Use”). You are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and/or broadcast Content, except for your own User Content, as defined below, without our express prior written consent. You may not alter, delete or conceal copyright or other notices.
If we provide social media features which allow you to share information or content about or from the Site on social media or otherwise allow you to connect the Site with your social media account, you may take such actions as are enabled by such features.
Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Originvape.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that originvape.com will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Originvape.com’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Originvape.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and originvape.com makes no commitment to update the materials on the Site with respect to such products and services.
Accuracy of Content, Pricing Information, and Resellers
Because prices, product descriptions and availability can change quickly, originvape.com does not warrant the accuracy or completeness of the information provided on the Site, or in electronic or written materials and is not responsible for pricing, typographical or other errors. Originvape.com may make changes to the information contained herein, including to the products and prices described on the Site, at any time, without prior notice to you (including after you have submitted an order). Information on the Site is periodically updated, but it may not be current or complete at the moment you use the Site and may contain errors or inaccuracies. In no event shall originvape.com or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on the Site.
In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free.
If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, at our sole discretion, that you are a reseller or commercial entity, we reserve the right to cancel your order.
Registration and Account Creation
The Site may allow you to register and create an account (including via social media log-in information) (“Account”) in order to access or Post (as defined below) certain content on the Site or to purchase products or services on the Site. If you create an Account, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be grounds for us to suspend or terminate your Account.
You are responsible for maintaining the confidentiality of your Account log-in and password information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Site without the involvement of a parent or guardian over the age of 18.
User Content and Posting on the Site
Sections of the Site may enable you to submit, provide, transmit, exchange, communicate and display (a “Post” or “Posting”) content, messages, photos or profiles (except for Submissions, “User Content”). Originvape.com will not own or retain any rights to the User Content you post on the Site, other than those limited technical permissions required in order to display, store and serve the User Content.
- You are solely responsible for the User Content that you Post.
- By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to originvape.com a revocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such User Content to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, but only for the purpose of its use on our Site in connection with your Post(s). You also represent and warrant that you have all permissions and licenses necessary to grant such rights to originvape.com, including, by way of example, “right of publicity” and other rights relating to the reproduction of names and/or likenesses of any individuals which appear in such User Content. You may revoke any of the foregoing licenses by deleting the applicable licensed User Content pursuant to the instructions provided on the Site. However, originvape.com may retain copies of such User Content for non-public, non-commercial archival use.
- Originvape.com prohibits Posting User Content that includes, but is not limited to, content that:
- is patently offensive to the community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;
b. harasses or advocates harassment of another person, group or organization;
c. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
d. involves information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
e. promotes or distributes illegal or unauthorized copies of the copyrighted works of others (examples include, without limitation providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, and/or providing pirated music/video or links to pirated music/video files);
f. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
g. infringes on the rights of privacy or publicity of any individual or misappropriates the name and/or likeness of another;
h. includes material that solicits personal information from anyone, especially from individuals under the age of 18;
i. includes material that is lewd, obscene, contains nudity or depicts sexual activities or contains sexually suggestive content, including photographs;
j. contains any material that depicts, describes or threatens violence;
k. contains words or descriptions that are reasonably considered vulgar, coarse or crude;
l. provides instructional information about illegal activities such as making or buying illegal weapons, using or obtaining illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
m. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or
n. engages in any unauthorized commercial activities, solicitations and/or sales.
- You must use the Site in a manner consistent with any and all applicable laws and regulations.
- You may not engage in advertising to, or solicitation of, other users of the Site including, but not limited to, through any offer to buy or sell any products or services.
Disclaimer of Warranties
This Disclaimer of Warranties (“Disclaimer”) applies only to your free use of the Site. This Disclaimer does not apply to, for example, your purchase of any product or service from Originvape.com.
INSTEAD, THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ORIGINVAPE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORIGINVAPE.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ORIGINVAPE.COM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ORIGINVAPE.COM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We do not represent and warrant that the functions, content, or service contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components. Further, originvape.com will not provide for specific IT infrastructure or connectivity.
We do not represent or warrant the accuracy or completeness of any Content (including User Content) posted on the Site. We are not responsible for the conduct, whether online or offline, of any users of the Site.
Originvape.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
The following Limitation of Liability (“Limitation”) applies only to your free use of the Site. This Limitation does not apply to, for example, your purchase of any product or service from originvape.com.
Your use of the Site is at your own risk. You agree that our sole obligation to you is to provide the Site “as is.” Neither originvape.com nor any of our employees, officers, directors, nor any of our agents or any other party involved in creating, producing, or delivering the Site shall be liable to you or any third party for your use of, or the inability to use, the Site or the Content except in cases of (1) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (2) a violation of a consumer protection statute in connection with the Site.
The Site and the Content are copyrighted works of originvape.com and/or its suppliers or users. Neither the Site nor the Content may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without our prior written permission.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its 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.
Originvape.com's Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Attn: Copyright Infringement Notice Claim
Restricted Rights Legend
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
All trademarks, product names and company names or logos cited herein are the property of their respective owners.
Contests, Sweepstakes and Promotions
Links to Other Websites
If you see or use any links or conduits on the Site which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that originvape.com is associated with or has endorsed, reviewed or even knows anything about that website or page and we have no obligation, responsibility or liability to you or anyone else if you go to another website, page or address outside the Site, even if a link on the Site allowed you to do so. When you leave the Site, you should confirm the terms and conditions, privacy and other policies that apply to you since originvape.com neither controls, nor has any responsibility for any third party sites (unless they are expressly owned by us), their practices or anything associated with their operations.
Originvape.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) originvape.com's rights or property, or the rights or property of visitors to or users of the Site, including originvape.com's customers. Originvape.com reserves the right at all times to disclose any information that originvape.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. Originvape.com also may disclose your information when originvape.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that originvape.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Class and Collective Action Waiver
You and originvape.com agree that any arbitration or court proceeding shall be limited to the Dispute between originvape.com and you individually. YOU ACKNOWLEDGE AND AGREE THAT:
- a) A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND ORIGINVAPE.COM;
- b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO USE CLASS ACTION PROCEDURES; AND
- c) YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.
Any Dispute regarding the prohibitions in the prior sections will be resolved by the Arbitrator in accordance with this Agreement.
If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to Arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within New York County, State of New York, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or originvape.com agree to class or collective procedures in arbitration or court proceedings or the joinder of claims in arbitration or court proceedings.
The Federal Arbitration Act, 9 U.S. Code § 1, et seq. will apply to any Disputes.
You or originvape.com can seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You and originvape.com agree to submit to the jurisdiction of the state and federal court in New York County, New York for such provisional remedies or to enforce this Agreement, and we both irrevocably submit to the exclusive jurisdiction and venue of such courts.
Void Where Prohibited
Origin Vape, LLC operates the www.originvape.com Site from its location in New York, New York USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Originvape.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If you have any questions, you may contact originvape.com by using the contact form located here.