Terms and Conditions

WetFlame, LLC. Terms and Conditions

IMPORTANT! THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE AND USE OF THIS SITE, WHICH IS PROVIDED BY WETFLAME, LLC. BY PURCHASING PRODUCTS FROM THIS SITE AND OR USING THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS, DISCLAIMERS, AND PRIVACY POLICIES.

HEALTH DISCLAIMER

To fully understand the conditions and business practices of WetFlame, LLC and your guidelines to conduct business with us, please review our full Disclaimer.

WetFlame, LLC makes no claims what so ever that electronic cigarette will cure a smoker's addiction to nicotine; the electronic cigarette products sold by WetFlame, LLC serve the same purpose as a tobacco cigarette. It delivers its user nicotine through inhalation and nothing more. If you do suffer from the disease of Tobacco/Nicotine Dependence Syndrome and want to take steps to give up smoking or cut down the quantity of cigarettes you currently smoke. We recommend you visit your health care provider to discuss NRT (Nicotine Replacement Therapy) or a nicotine harm reduction program.

Our products are intended & marketed ONLY as a recreational alternative to tobacco cigarettes. E-cigarettes are tobacco products derived from natural tobacco plant & have not been clinically proven as a smoking cessation device.

PRIVACY POLICY

To fully understand the conditions and business practices of WetFlame, LLC and your guidelines to conduct business with us, please review our Privacy Policy.

AGE REQUIREMENT

YOU MUST BE OF LEGAL SMOKING AGE IN THE STATE OR COUNTRY IN WHICH YOU RESIDE TO USE THIS SITE OR PURCHASE OUT PRODUCTS. By accepting these terms you declare, represent, affirm, and warrant that you are of legal smoking age. MISREPRESENTATION OF YOUR AGE TO PURCHASE OUT PRODUCTS IS A VIOLATION OF THE LAW!

TERMS AND CONDITIONS ARE BINDING FOR ALL PURCHASES

All orders are deemed offers by you to purchase our products. We may accept your offer by issuing a confirmation letter and/or shipping the products specified in your order. Our acceptance of each offer is expressly subject to and conditioned on your assent to these terms and conditions.

SITE ACCESS AND LICENSE TO USE THIS SITE

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose. The following are prohibited activities:

Any resale of the products purchased from this site, unless with expressed written consent from WetFlame, LLC. ;Any commercial use of this site or content contained. You may not modify or download any portion of the site. The only exception shall be page storing or bookmarking for personal use;Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in this site or the products;Making the derivative uses of this Site and its contents;Use of any and all data gathering devises.The collection and use of any product descriptions, pricing and product lists.

If you violate this provision, you will no longer be able to access or purchase our products.

PRODUCTS

WetFlame, LLC. and its affiliates use their best efforts in describing the products on the site and therefore cannot be held responsible for any errors or omissions, or any resulting claims that arise from such errors or omissions.

PRICES

All prices posted on this site are subject to change without notice. Pricing prevailing at commencement of shipment apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added at check out if necessary for your area.

PAYMENT

At this time we accept Visa, MasterCard and Discover.

SHIPPING AND HANDLING

Please refer to our Shipping Information Page for additional details.

We will arrange for shipment of the products to you. Title and risk of loss and damage pass to you upon our transfer of the products to the carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates and cannot be guaranteed. We are not liable for any delay in shipments.

Upon your agreement to this Agreement, WetFlame, LLC hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of WetFlame, LLC and are protected by copyrights, service marks, trademarks, moral rights, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by WetFlame, LLC.

You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney's fees resulting from any non-payment. Use of the content or materials of this site for any purpose not expressly permitted in this Agreement is prohibited. You agree that if you are issued a Username and Password by WetFlame, LLC, you shall assume the responsibility to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying WetFlame, LLC immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily obtainable by a third party.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that WetFlame, LLC shall pursue such penalties to the full extent of the law to protect its rights.

YOUR WETFLAMEECIGS.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. WetFlameecigs.com only sells it's products and services to smoking adults, over the age of 18, who own and can purchase with a credit card. If you are under 18, WetFlame, LLC and its affiliates will refuse service, terminate all of your accounts, remove or edit content posted by you, and cancel any orders immediately, no exceptions will be made.

LIMITED WARRANTIES

Please refer to our Warranty and Return Policy page for additional details.

We warrant that there will be no defects in workmanship, materials, operation or finish for the products for thirty (30) days from the date of purchase. Such warranty will not apply to subsequent owners, or for defects due to acts of nature, fire, or casualty, or failure to exercise normal maintenance, or the consequences of uses for which the products were not designed and not following the instructions provided with the products. In addition, this site, and all information, content, materials are included are on an AS IS basis. WE make no warranties of any kind express or implied, as to the operation of this site or the information, content, materials, software or services included on or otherwise made available to you through this site, you expressly agree that you are using this site at your own risk.

Our only liability under such warranties, whether in tort, contract or otherwise, will be, at our option, replace the products, or refund the amounts paid for products returned to us. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS.

EACH OF THESE LIMITED LIABILITIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND WETFLAME, LLC. HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT OR OUR SITE.

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 of these disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

To obtain information about or to make a claim concerning performance of warranty obligation you must contact us at the following address:

WetFlame, LLC
7852 Cherry Field Drive
Jacksonville, Florida 32216

INDEMNITY

You will indemnify and hold WetFlame, LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by you, including any use of our products or this site other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

INTELLECTUAL PROPERTY

ANY and ALL content included on this site such as text, images, graphics, logos, banners, audio clips, digital downloads, as well as page headers, scripts, and service names are protected by the United States and International copyright laws as well as being registered trademarks of WetFlame, LLC. Nothing on this site may be copied or reproduced in any form, or by any means without the express written consent of WetFlame, LLC. You are not permitted to modify, copy, distribute, publish, transmit, or create derivative works of any material found on this site for any public, private or commercial purpose.

SUBMISSSIONS

If, at our request or on your own, you send email or otherwise transmit to us or this website, any content, remarks, suggestions, ideas, graphics or other (collectively "Submissions"), you hereby grant WetFlame, LLC the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics or other information communicated to us through this site and to incorporate any submission in other works in any form, media, or technology now known or later developed. WetFlame, LLC is under no obligation to treat any Submission as confidential, and may use any submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future WetFlame, LLC operations. WetFlame, LLC will treat any personal information that you submit through this site in accordance with its Privacy Policy.

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Florida, United States of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by location. By accessing this site, you agree that the statues and laws of the Florida shall apply to any actions or claims arising out of or in relation to this agreement or your use of this site, without regard to conflicts of laws principles thereof. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

JURISDICTION

The Terms and Conditions will be governed and interpreted pursuant to the laws of the state of Florida, United States of America not withstanding any principles of conflicts of law. The parties of these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or the subject matter of these Terms and Conditions will be in the state and federal courts in Jacksonville, Florida.

ARBITRATION

Any controversy between the parties hereto involving the construction or application of any of the terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be submitted to arbitration. The arbitration will comply with and be governed by provisions of Florida Arbitration Act. Agreeing to Terms and Conditions to the use of this site, and products, you wave your rights to a trial by jury.

COMMUNICATIONS

By logging onto your account or emailing us you are using an electronic format. This allows us to communicate with you in the same electronic format. With this, both parties (you the customer and us the website) mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by WetFlame, LLC satisfies all legal notification requirements.

SEVERABILITY

If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions or portions of them, will not be affected.

FORCE MAJEURE

WetFlame, LLC will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared, or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond the company's control that may prevent or delay of service provisioning.

ENFORCEBALE CONTRACT

As a strict condition of purchasing our products from this site, you affirm represent and warrant that you are of legal smoking age. No minors in anyway, shape or form are authorized to purchase from this site. You must truthfully answer that you are of legal smoking age and that you are agreeing to all of the above terms by clicking this button before you are authorized to purchase and this shall constitute an enforceable agreement including but not limited to, enforceable under the Federal E-Sign Statute.

Agreement

By using this site or by clicking "I agree to the Terms & Condition set forth here" you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click "I agree".

WetFlame, LLC reserves the right to terminate a User's use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement is again acknowledged and agreed to by a person over the age of eighteen (18) years. If you do not meet this requirement again, please leave the site now. There are no exceptions to this policy.

REVISIONS AND MODIFICATIONS OF TERMS OF USE

WetFlame, LLC may revise these Terms of Use at any time. By using this Site, you agree to be bound by any such revisions.
06/14/11

?Bulk of Terms and Conditions Inspired by Ludivico, Inc