Terms

TERMS AND CONDITIONS OF USE

If you continue to browse and use this web site, you are agreeing to comply with the following terms of use, which in conjunction with our Privacy Notice govern the relationship with you in relation to FuM and S& D Distributors of Broward (S&D) on this web site. For the purpose of this document, FuM, S&D its affiliates, employees, directors, officers and agents shall be referred to simply as FuM. FuM’s terms of use provide guidelines for your account, privacy, comments, reviews, communications, risk of loss, product pricing and descriptions, limitations of liability, warranty, laws, jurisdictions, severability, and disputes.

These Terms and Conditions of Use do not create a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and FuM. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions of Use. No waiver by FuM of any breach or default of these Terms and Conditions of Use will be deemed to be a waiver of any preceding or subsequent breach or default. The headings, captions and sections titles in these Terms and Conditions of Use have been inserted as convenient references only; they do not define or explain any section or provision. These Terms and Conditions of Use, FuM’s Privacy Policy, all relevant updates, and any other specific rules referenced on the Site collectively constitute the entire agreement between you and FuM, regarding the Site. You agree that notices to you may be made by posting a notice (or a link to a notice) on the Site, by email, or by postal mail, at our discretion. Without limitation, you agree that a printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ELECTRONIC COMMUNICATIONS

Every time you send FuM an e-mail, or login to our website at FuMvaping.com, you are communicating with us in an electronic format. This gives FuM the express permission to communicate back to you in the same electronic format, either by e-mail or through text, images and video presented on our website. Therefore, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by FuM satisfies all legal notification requirements.

All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of the information on this website may be copied or reproduced in any form, or by any means without prior written permissions from FuM. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any FuM publication for any public, private or commercial purpose.

YOUR FUMVAPING.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. FuM and FuMvaping.com only sells to smoking adults of legal smoking age. If you are under the legal smoking age, FuMvaping.com and its affiliates will refuse you service, terminate all of your accounts, remove or edit your content, and cancel your orders.

PRODUCT DESCRIPTIONS & WEB FUNCTIONALITY

FuMvaping.com attempts to be as accurate as possible when posting content, but cannot be held responsible for errors or omissions, or any resulting claims that arise from such errors and or omissions. Information obtained on this web-site is offered on an as-is basis, with no inherent warranties implied. FuM reserves the the right to change any and all content contained on the Site at any time without prior notice.

FUM PRODUCT PRICING

The prices displayed for FuM products represent the full suggested retail price listed on the product itself. Where an item is offered for sale by one of our merchants, independent sales representative or distribution agents, the price may be provided by that merchant, representative or agent.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

FuM provides this site, its services, materials and information on an “AS IS” basis without any warranties or express representations. FuM and its employees and affiliates disclaim to the fullest extent permitted by law all statutory or implied warranties and/or representations with respect to the Site Services. This includes but is not limited to: warranties of satisfactory quality, merchantability, non-infringement and title. FuM will NOT maintain that a particular hardware of software will be compatible with the site and/or Site Services including email sent from the site. FuM makes no warranty or guarantee that the site, services, or emails will be free of viruses or other harmful agents. FuM, its employees, and affiliates will not be liable for any indirect, incidental, consequential, exemplary, or special punitive damages of any kind in connection with the site or its services. This also includes damages for lost profits, loss of use, loss of data, loss of security of information or any damage or loss caused by a third party. The sole remedy for any associated claims is to stop using the Site and its Services.

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.

INDEMNIFICATION

You agree to reimburse, indemnify, defend and hold harmless FuM and its affiliates on demand for, from and against any damages, losses, costs, judgments, fees, fines and other expenses FuM and its affiliates may incur (including attorneys’ fees and court costs) as a result of any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: your use of, inability to use, or activities in connection with the Site/Services; your violation of these Terms and Conditions of Use, our Privacy Practices Policy or any other FuM terms, conditions or policies; any allegation that any materials you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or your violation of any rights of any Site visitor or any other third party.

JURISDICTION & COMPLIANCE WITH APPLICABLE LAWS

By visiting FuMvaping.com, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FuMvaping.com or its affiliates. All information available on FuMvaping.com is subject to the laws of the United States of America and may also be subject to the laws of the country where you reside. Your visit to our site is governed by all applicable federal, state and local laws.

SEVERABILITY

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

TERMINATION & ENFORCEMENT

You agree that FuM and its affiliates may at their sole discretion and without prior notice, terminate your access to or use of the Site, at any time and for any reason, including a determination that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use; FuM and its affiliates shall not be liable to you or any third party for any termination of your access to the Site; and those sections in these Terms and Conditions of Use relating to limitation of liability, disclaimers, governing law, disputes, indemnification, notice and admissibility in a judicial or administrative proceeding shall survive any expiration or termination of these Terms and Conditions of Use.

DISPUTES

Any dispute relating in any way to your visit to FuMvaping.com or to products you purchase through FuMvaping.com must be filed within one (1) year after such claim or cause of action arises and shall be submitted to confidential arbitration in Coral Springs, Florida, except that, to the extent you have in any manner violated or threatened to violate FuM’s intellectual property rights, FuM may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

DISCLAIMER

You must be of legal smoking age to buy and/or use any FuM product.

This product is not intended for use by persons under legal smoking age, nonsmokers, 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. This product contains nicotine. If you are allergic to nicotine, propylene glycol, or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart condition, diabetes, high blood pressure or asthma, consult your physician before using any FuM products. Discontinue use and consult a physician if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhea, weakness and rapid heartbeat.

Our products do not treat, diagnose, or cure any disease, physical ailment, or condition. Keep out of the reach of children and pets as ingestion of certain pieces can present a choking hazard. Nicotine can be toxic if inhaled or ingested in large doses, and may cause irritation to eyes and skin if exposed. Wash immediately with soap and water upon contact. Nicotine is highly addictive and habit forming. FuM products with nicotine contain a chemical known to the state of California to cause birth defects and/or other reproductive hard.

FuM does not sell tobacco cigarettes and is in no way affiliated with, sponsored by, or otherwise related to any tobacco cigarette company. FuM products are not marketed for use as a smoking cessation product. Just like traditional tobacco cigarettes, FuM products are not approved by the FDA.