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You are already a user of electronic cigarettes or a smoker interested in an alternative; or you are making a purchase for someone who fits one of those categories.
You understand the FDA has not reached a conclusion on the safety of electronic cigarettes. You understand the potential risks, and have consulted with your doctor to make an informed decision about whether this technology is appropriate for you.
You understand that certain products sold by Lyric may have inherent safety risks which must be understood and respected. Electronic cigarettes use batteries to generate high levels of heat. You agree not to use these products unless you fully understand the issues involved, to seek instruction if necessary, and not to use them for unintended purposes.
E-cigarette liquids may contain nicotine, which is addictive, as well as natural and artificial flavors which could contain allergens, including but not limited to nuts, spices, vegetable glycerine and propylene glycol. You agree to keep all e-liquids away from children and other animals, and to familiarize yourself with safe procedures for handling and cleanup.
Lyric does not conduct chemical analysis of the liquids made by other manufacturers, nor do we design or modify the hardware products we sell. While we try to carry only the most reputable brands and superior products, if you have a claim relating to a product (other than a return pursuant to our policy), you will bring it only against the manufacturer.
Before checking out, you will be required to indicate your acceptance of our complete terms of service & privacy policy.
Agreement between user and Lyric Vapor Company, L.C. regarding lyricvapor.com
Welcome to www.lyricvapor.com. The www.lyricvapor.com and shop.lyricvapor.com websites (the "Site") is comprised of various web pages operated by Lyric Vapor Company, L.C. ("Lyric"). www.lyricvapor.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The Site is an e-commerce site primarily selling electronic cigarette products, devices, liquids, accessories and promotional items. To the extend this document refers to www.lyricvapor.com, it relates to all subdomains (shop.lyricvapor.com, etc).
Your use of www.lyricvapor.com is subject to Lyric's Privacy Policy, which also governs the Site and informs users of our data collection practices. That document is incorporated herein by reference.
Visiting www.lyricvapor.com or sending emails to Lyric constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lyric is not responsible for third party access to your account that results from theft or misappropriation of your account. Lyric and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Lyric does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. This website is intended only for adults over the age of 18, or the legal vaping age (if higher) of their jurisdiction, who are already vapers, smokers, or shopping for someone who is already a vaper or smoker. If you are under 18, you may not use this website.
You may cancel your order within 24 hours of payment for a full refund less shipping (if applicable). If your order has already shipped (at our discretion), we will refund you only upon its return and subtract our shipping cost. You may return unopened hardware for a period of 14 days from shipment for a 25% restocking fee, plus the cost of return shipping. Liquids and opened items cannot be returned. Please contact service@lyricvapor.com with any questions.
We contract with a payment gateway and third-party payment processor, ensuring that we never hold your credit card information and your data is protected by high encryption. We do not control such companies, and cannot be held responsible for any breach, error, or omission on their part. However, by using this site you agree to provide complete, accurate, and honest payment information and to be held liable for any damages arising from incorrect information which you provided.
Links to third party sites/third party services
www.lyricvapor.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Lyric and Lyric is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lyric is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lyric of the site or any association with its operators.
Certain services made available via www.lyricvapor.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.lyricvapor.com domain, you hereby acknowledge and consent that Lyric may share such information and data with any third party with whom Lyric has a contractual relationship to provide the requested product, service or functionality on behalf of www.lyricvapor.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.lyricvapor.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Lyric that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You will not use the site to procure electronic cigarette or other goods for any person not legally allowed to use them.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Lyric or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You further agree to stipulate that Lyric’s damages in the event of your infringement shall be equivalent to the maximum U.S. statutory penalties typically accorded to registered trademark, copyright, or patented material, as applicable to the material infringed upon, regardless of whether Lyric has registered such property.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Lyric content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lyric and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lyric or our licensors except as expressly authorized by these Terms.
The Site may contain product review areas, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Lyric has no obligation to monitor the Communication Services. However, Lyric reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Lyric reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Lyric reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lyric's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lyric does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lyric specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Lyric spokespersons, and their views do not necessarily reflect those of Lyric.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Lyric does not claim ownership of the materials you provide to www.lyricvapor.com (including feedback and suggestions) or post, upload, input or submit to any Lyric Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lyric, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the unrestricted nonexclusive worldwide rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Lyric is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lyric's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You may be able to connect your Lyric account to third party accounts. By connecting your Lyric account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Lyric from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Lyric Content accessed through www.lyricvapor.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Lyric, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lyric reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lyric in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LYRIC VAPOR COMPANY, L.C. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LYRIC VAPOR COMPANY, L.C. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LYRIC VAPOR COMPANY, L.C. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LYRIC VAPOR COMPANY, L.C. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LYRIC VAPOR COMPANY, L.C. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Lyric reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Louisiana and you hereby consent to the exclusive jurisdiction and venue of courts in Louisiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lyric as a result of this agreement or use of the Site. Lyric's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lyric's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Lyric with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lyric with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lyric with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Lyric reserves the right, in its sole discretion, to change the Terms under which www.lyricvapor.com is offered. The most current version of the Terms will supersede all previous versions. Lyric encourages you to periodically review the Terms to stay informed of our updates.
Lyric welcomes your questions or comments regarding the Terms:
Lyric Vapor Company, L.C.
6221 S. Claiborne Avenue #456
New Orleans, Louisiana 70125
Email Address:
legal@lyricvapor.com
Telephone number:
504-252-0220
Effective as of March 01, 2015