Terms of Service
Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THIS SITE IS INTENDED ONLY FOR AUDIENCES OF LEGAL SMOKING AGE.
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, and/or are not of legal smoking age, please do not use this site.
Copyrights, Trademarks & Third Party Links
This website is owned and operated by Utopia Smoke & Vape, LLC; Utopia Smoke & Vape® owns the copyright in all materials provided herein. All rights reserved. No material may be reproduced in any manner or form whatsoever without written permission from Utopia Smoke & Vape, LLC. The trademarks, service marks and logos (“Trademarks”) used or displayed on this website are registered and unregistered Trademarks of Utopia Smoke & Vape, LLC, unless otherwise noted. Nothing in this website shall be construed as granting – by implication, estoppel, or otherwise – any license or right to use any Trademarks displayed on the website without the express written permission of Utopia Smoke & Vape® or the Trademark owner.
This website contains links to websites which are not maintained by Utopia Smoke & Vape, LLC. Links to third party websites are provided for your convenience and information only. Third party websites are not under Utopia Smoke & Vape, LLC’s control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can Utopia Smoke & Vape, LLC guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply Utopia Smoke & Vape, LLC’s endorsement of the third party website nor that we are affiliated with the third party website’s owners or sponsors.
The material and information on this website, including any merchandise, information or service provided through this website, is provided “as is” with all faults and without warranty of any kind from Utopia Smoke & Vape, LLC, expressed or implied. In no event shall Utopia Smoke & Vape, LLC be liable for any direct damages, special, incidental or consequential damages, lost profits, or any indirect damages arising from the use or inability to use this website, even if Utopia Smoke & Vape, LLC has been informed of the possibility thereof.
Warranty Disclaimer
THIS SITE AND ALL INFORMATION, SERVICES AND MATERIALS PROVIDED TO YOU VIA THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UTOPIA SMOKE & VAPE, LLC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES, REPRESENTATIONS, CONDITIONS AND GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UTOPIA SMOKE & VAPE, LLC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UTOPIA SMOKE & VAPE, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT UTOPIA SMOKE & VAPE, LLC SHALL NOT BE RESPONSIBLE FOR ANY FAILURES OR OMISSIONS ASSOCIATED WITH YOUR USE OF THE SITE.
Limitation of Liability
UTOPIA SMOKE & VAPE, LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR YOUR USE OR INABILITY TO USE THIS SITE OR THE INFORMATION, SERVICES OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UTOPIA SMOKE & VAPE, LLC WILL NOT BE LIABLE FOR THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY OR SUITABILITY OF THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE.
Minor Compliance
Utopia Smoke & Vape, LLC will not sell any nicotine related products to minors. Utopia Smoke & Vape, LLC cannot be held responsible for minors purchasing nicotine related products with a guardian credit card. By using the Site, you agree that you are of legal age and are not a minor.
Indemnification
You agree to indemnify, defend, and hold harmless Utopia Smoke & Vape, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable and documented 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.
Typographical Errors
The site may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the site. Utopia Smoke & Vape® products may be mistakenly listed at inaccurate prices, they may be mistakenly listed as available when, in fact, they are unavailable, or they may be mistakenly described. Utopia Smoke & Vape® reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Utopia Smoke & Vape® shall issue a credit to your credit card account for the price paid.
Notice
Utopia Smoke & Vape, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Utopia Smoke & Vape, LLC.
Choice of Law; Venue; Limitation on Claims
Your use of this site shall be governed in all respects by the laws of the state of Massachussets, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Utopia Smoke & Vape, LLC products) shall be in the state or federal courts located in Hampden County, Massachussets. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Utopia Smoke & Vape, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Legal, Age Declaration & Miscellaneous
By viewing or purchasing product from this website, you declare that you are of legal smoking age. Products are intended for use by adult smokers and the purchaser has read and agreed to the Terms and Conditions and Warranty of this website before placing an order. Before checking out, the system will require the purchaser to check the box “I Agree” binding the purchaser to the Terms and Conditions and Warranty before allowing the completion of your purchase.
Information and statements made are for educational purposes and are not intended to replace the advice of your healthcare professional. Additionally, be advised that nicotine is addictive. Utopia Smoke & Vape® products have not been evaluated by the US FDA. They are not intended to be drug products that diagnose, treat, cure or mitigate any disease or condition. Do not use these products if you are under the legal smoking age; if you are a non-smoker, if you have a heart condition, blood pressure problems, if you have a demonstrated allergy or sensitivity to nicotine or any combination of inhalants or if you are pregnant or nursing. Customers shall consult with their physician prior to using a personal vaporizer. We make no claims as to the success this product may have for use as a smoking cessation device.
By purchasing these products, you agree to use products at your own risk. Under no circumstances will Utopia Smoke & Vape, 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 of, on any product on this website.
WARNING: KEEP PRODUCTS OUT OF SIGHT AND REACH OF CHILDREN
Cancellations
Due to our commitment to process orders quickly, once the checkout process is completed our warehouse is immediately notified to pick the order for shipment. Orders cannot be canceled or changed once submitted.
Your order is subject to acceptance by us and may be refused for any reason, including credit concerns, unusual volumes, or shipping addresses. We reserve the right not to deliver to a specified address if, in our absolute discretion, we deem that the address may not be secure, such as a PO Box No, or if we have any other legitimate concerns. The indicated shipping time is for information only and is not guaranteed. Utopia Smoke & Vape, LLC will not, for any reasons, be held responsible or liable for delivery issues or delivery failures. Mist Hub® cannot be held liable for any loss you may suffer as a result of late delivery or cancellation of your order.
Please note the original and return shipping charges are the responsibility of the customer and will NOT be refunded or reimbursed.
Credit Card Scams
Any credit card charge-backs will be handled by our collection agency. You will automatically be put into collection if we receive a charge-back for products we shipped to your shipping address. Our collection agency will start billing you if they are not paid within 30 days and your information will be reported to the Credit Bureau Agency. We strongly recommend that you contact us before simply filing a charge-back, this may help avoid ruining your credit for 7 years. We take credit card scams very seriously and we will do our best to avoid any inconvenience to our customers, please email us with your concerns.
Term; Termination
These terms and conditions are applicable to you upon your accessing and using the website. Utopia Smoke & Vape.com reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Utopia Smoke & Vape.com without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.