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dabX™ 1 Year Limited Warranty - Terms and Conditions
At Vaporous Technologies, Inc. (“Vaporous”) we make the highest quality vaporizers available, and stand behind our line of dabX™ products. That is why Vaporous provides a 1-year limited warranty (this “Limited Warranty”) on the electronic components in all dabX™ vaporizer products. Except as expressly stated herein, Vaporous makes no other express warranty for its products.
What is Covered
Vaporous provides this Limited Warranty for the electronic components in all of the dabX™ vaporizer products we sell. Covered components include a 1-year limited warranty from the date of retail purchase against defects in materials and workmanship under normal use .
What is Not Covered
This Limited Warranty does not apply to any mouthpieces, tanks or coils. For sanitary and legal purposes, when returning any products to Vaporous (whether under this limited warranty or for any other reason), please do not send any used tanks or coils.
This Limited Warranty will not cover any products or components that have been tampered with, opened, or disassembled.
This Limited Warranty is not applicable to any dabX™ company merchandise, apparel, hats, or promotional items. All sales of such products are final.
Sales by Authorized Retailers Only
This Limited Warranty applies only to genuine dabX™ products purchased directly from Vaporous at the dabX™ online website www.dabx.com or purchased from one of our Authorized Retailers.
Almost all dabX™ products for sale at online marketplace-style vendors like eBay, Amazon, Bonanza, Alibaba and Rakuten are counterfeit products. This Limited Warranty is not applicable to any counterfeit products sold by any unauthorized vendor.
We advise consumers to be cautious when purchasing products from unauthorized resellers, as the quality, reliability and safety of these products is uncertain and, in some cases, may expose the user to serious dangers not present with genuine dabX™ products.
Vaporous will not assist with resolving any issues pertaining to the purchase or counterfeit products, nor will Vaporous provide refunds for such purchases.
If you are unsure whether a vendor is authorized to sell dabX™ products, please email us at email@example.com
Who May Request Warranty
Replacement This Limited Warranty is only offered to the original retail purchaser of legal age in the relevant jurisdictions for the purchase and sale of the applicable dabX™ product. This Limited Warranty is not transferable to any subsequent purchaser. Original purchasers making claims under our warranty may be subject to age verification.
How to Request a Warranty Replacement
If you have an issue with the performance of any of the electronic components in any dabX™ vaporizer products you have purchased, please email us at firstname.lastname@example.org, with the following information depending on how you purchased your dabX™ product:
If you purchased the product from the dabX™ webstore, please include (a) the email address you used for your order, (b) your order number, (c) the date of your order, (d) the product serial number and (e) a description of the problem with your device and any other information that would be helpful in allowing us to review and process your warranty claim.
If you purchased the product from an Authorized Retailer, please include (a) copy of your receipt as proof of purchase, (b) the product serial number, and (c) a description of the problem with your device and any other information that would be helpful in allowing us to review and process your warranty claim. Without a valid proof of purchase, any approved warranty replacements will be subject to a processing and handling fee.
How Vaporous Processes Warranty Claims
The warranty support team at Vaporous will reply to warranty claims within 3 business days to coordinate a replacement for any qualifying products. Once the claim is accepted, you will receive an RMA authorization number from Vaporous with instructions for returning the defective products to us. Please do not ship anything to us until you receive an RMA number. Vaporous reserves the right to reject any returns made without proper RMA authorization. Please allow at least 7-10 business days for processing once we receive a return. The customer will be responsible for the cost of returning the product to us. We will pay for the cost of shipping the replacement product to the customer. Vaporous is not responsible for lost or damaged returns sent to us. We encourage you to send any authorized returns with a tracking number or delivery confirmation.
Note Regarding Special Edition Items
Any authorized warranty replacement for a special edition or collaboration series product that is no longer available at the time of a warranty claim will be replaced with a standard version of the same product.
Limitation of Liability
In no event shall Vaporous be liable for monetary damages or other losses arising from any device defect or failure, including, but not limited to,for any incidental or consequential damages. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE LENGTH OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the length of an implied warranty or do not allow such exclusions or limitations of consequential or incidental damages, so such exclusions or limitations may not apply to you.
What information does Vaporous collect from Website Visitors?
How does Vaporous use Website Visitor information?
Vaporous collects a variety of information for many different purposes that are related to the use and sale of our products and for continuing our relationship with Website Visitors. These purposes include product interest and purchasing trends, payment information for purchases on the dabX webstore, contact information, and information as it relates to customer experiences using our products . This information also helps us improve our products and to identify products and services offered by our company, affiliates or by other companies that might interest you. When doing so, we may offer these products or services to you for your purchasing consideration.
Website Visitor information helps us to improve the Website and to more effectively respond to customer service and support needs. Website Visitor information, whether public or private, will not be sold to or shared with any other company for any reason whatsoever, without the consent of the Website Visitor, other than for the express purpose of delivering the purchased product or delivering the Website’s services.
To send periodic emails: The email address provided for processing an order from the dabX webstore may be used to send information and updates pertaining to the order, in addition to company news, updates, and related product or service information. A customer may unsubscribe from receiving future emails, by following the “Unsubscribe” link in each of our emails. If you would like to OPT-OUT prior to receiving future emails, you may also email us directly at email@example.com.
How do we protect and when do we share Website Visitor information?
Vaporous uses a variety of standard security measures to maintain the security of Website Visitor personal information when placing an order on the dabX webstore or when accessing personal information through the Website. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into the database of our Payment gateway provider, where it is accessible only by those authorized with special access rights to such systems who are obligated to maintain the strict confidentiality of all such information. We may also release such information when we believe such actions are appropriate to comply with the law, enforce our Website policies, or protect the rights of Vaporous or others or anyone’s property, or safety. We may provide non-personally identifiable Website Visitor information to third-parties for marketing, advertising, or other uses.
Third party links
We may occasionally include links to third party websites offering products or services from links on our the Website. Such third party sites have separate and independent privacy policies. Vaporous has no responsibility or liability for the content and activities of these linked sites. Please contact us at firstname.lastname@example.org if you have any questions or feedback about any of these third party websites.
California Online Privacy Protection Act Compliance
Vaporous operates the Website in compliance with the California Online Privacy Protection Act. We will not distribute Website Visitor personal information to outside parties without consent. Website Visitors may make any changes to their information at any time by logging into their account and editing their preferences on the account control panel.
Children’s Online Privacy Protection Act Compliance
Vaporous operates the Website in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). The Website, and the products we offer are exclusively directed to people who are at least 18 years old. Vaporous does not collect any information from anyone under 18 years of age.
Vaporous Technologies, Inc.
2170 W 190th St, Torrance, CA 90504
Age Verification for Accounts and Purchasing
The Website is intended for users who are at least 21 years of age. Persons under the age of 21 are not permitted to register for an account or make any purchases from the Website. Vaporous relies on technology from AgeChecker.net, an industry leading age verification service, to provide an age verification check during the registration process in order to confirm that you are of legal purchasing age, and may deny or cancel any purchase due to such our need to comply with minimum age requirements. Only persons of legal age that have been age verified will be permitted to purchase Products or participate in any promotions or offers from the Website. The information you provide during checkout is used by AgeChecker.Net to complete a public records search, which only reports back to us whether or not you are of age. If our system cannot immediately verify your age based on this check, you will be required to upload a photo I.D. (see the list below for acceptable types of ID) Your order will be temporarily placed on hold until our compliance team can review your I.D and order information. Ensure photos are clear and legible. Unclear or expired submissions can lead to delays or denial. Please take photos of original documents, not of photocopies. Vaporous reserves the right to refuse or cancel any order at any time, in our sole and absolute at our discretion. If we’re able to verify your age during checkout, your order will process and ship within 24-48 hours, Monday-Friday.
What Forms of ID can I use to Verify my Age with Agechecker.net?
Acceptable forms of ID
- Driver’s Licenses
- Identification card, such as a Non Driver ID card issued by DMV
- Military IDs that include DOB
- Nevada Tribal Identification Card
- Unacceptable forms of ID
- Non-Government Issued IDs
- Birth Certificates
- Social Security Cards
- Medical Marijuana Cards
- City issued ID cards (e.g. New York City ID card)
California Prop 65
Vaporous is committed to complying with all applicable laws and regulations governing our Products. California’s Proposition 65 is a notification law that requires businesses to inform consumers about the presence of certain enumerated chemicals on a Proposition 65 list. We comply with this law by providing notifications on our products. Proposition 65 takes a conservative approach regarding requiring notifications, and imposes stiff penalties for noncompliance. Vaporous similarly takes a conservative compliance approach and provides notifications on our Products and requests our retail partners do the same. A Proposition 65 warning does not mean that using the product will cause harm. If you have questions about the herbs, concentrates, or other materials you use with our Products, please you should contact the manufacturer of those materials or your healthcare provider. Vaporous does not control what materials are used with our Products. There is more information on the website for the California Office of Environmental Health Hazard Assessment (OEHHA), www.oehha.ca.gov. You may also visit www.P65Warnings.ca.gov, another OEHHA website that provides information about Proposition 65 warnings.
HEALTH WARNING: Inhalation of vaporized or heated materials may aggravate existing respiratory conditions or other health issues, and therefore no vaporization products can be considered 100% safe. You are responsible for the material that you choose to consume using any Vaporous or dabX products. If you have any health concerns about the use of a vaporizer for any purpose, please consult with your physician for proper medical advice.
What is Proposition 65?
California’s Proposition 65 is a consumer right-to-know law that applies to virtually all products sold in the State. The law requires businesses to notify consumers of the presence of chemicals on the Proposition 65 chemical list under certain circumstances. You may have seen similar warnings in supermarkets, coffee shops, airports, hotels and restaurants.
How do I get more information about Proposition 65?
There is more information on the website for the California Office of Environmental Health Hazard Assessment (OEHHA), www.oehha.ca.gov. That’s the California agency in charge of implementing Proposition 65. You also may want to visit www.P65Warnings.ca.gov, another OEHHA website that provides information about Proposition 65 warnings.
dabX.com Website - Terms and Conditions [Updated as of February 5, 2021]
These Terms and Conditions constitute a legally binding agreement made between you, whether for yourself or on behalf of an entity (“you”) and Vaporous Technologies, Inc. (“Vaporous” “us” or “we”) concerning your access to and use of the dabX.com website and all related content, applications, and associated services (collectively the “Website”), including any purchase of Vaporous or dabX products (“Products”) from our Website. Please read these Terms and Conditions carefully to ensure that you understand and agree with each provision. By accessing the Website, you, the user agree to all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Website and you must discontinue your use immediately. Any changes or additions to these Terms and Conditions that may be posted on this Website are hereby expressly incorporated by reference as of the date of change noted at the top of this page. Your continued use of the Website after any such changes will be deemed your acceptance to the modified Terms and Conditions.
Use of Website in Compliance with Applicable Law
The Website is not for use by anyone in any jurisdiction where such use would be contrary to any applicable laws or regulations. Anyone who accesses the Website from any such locations does so on their own initiative and they are solely responsible for their compliance with applicable laws.
Registering for a User Account
In order to purchase any Products from the Website, you must complete the registration process to obtain a user account. You agree to keep your user account password confidential and will be responsible for all use of your account and password. You will be required to provide your name, address, e-mail address, phone number and date of birth to obtain an account. You must provide accurate information about yourself during the registration process. Please update your account information if any information changes. You agree to notify Vaporous immediately at email@example.com in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account, and you agree to indemnify and hold harmless Vaporous from any damages that arise out of or in relation to any use of your account. We reserve the right to take appropriate legal action against anyone who, in our discretion, violates these Terms and Conditions or any applicable law, and may restrict access to or disable any user account at any time.
Prices displayed on the Website are the retail price in US dollars. Your credit card or other payment method may charge additional transaction fees and foreign exchange rates may apply. All purchases on our Website may be subject to sales tax, VAT, or other similar taxes where applicable, and Vaporous collects such taxes at the time of purchase. You must notify Vaporous in writing at firstname.lastname@example.org , within 10 days of payment, of any issue regarding the amount or validity of any payments made to Vaporous. Failure to timely notify us of any such issue will constitute your waiver of any claims related thereto.
Cancelling an Order
If you would like to try and cancel an order, please contact us at email@example.com. Orders may only be cancelled up until when we generate tracking information for the order, usually 24 hours from when the order was placed.
You have the right to return any new, unused item purchased through our Website for a full refund of the purchase price up to fourteen (14) days following the receipt. To return an item, contact us at firstname.lastname@example.org. Because of the nature of the products sold through the Website, Vaporous will accept returns and issue refunds only for new and unused devices. If the tamper proof seal is broken for any Products , we will not accept the returned Product and we will not issue a refund. We may withhold reimbursement until we have received and inspected the returned item(s) and approved the return and refund. You will be responsible for the cost of return shipment in the event you return an item for a refund outside of a warranty claim. In no event will Vaporous accept return of and/or issue any refund for purchases made other than through our Website. Products purchased from an authorized retailer must be returned and refunded at the place of purchase.
If you received an order shipped from Vaporous that is damaged, incorrect, or incomplete, please contact email@example.com immediately to request a refund or replacement goods. Vaporous may require you to return damaged items, in which case Vaporous will pay for the cost of return shipment.
Disclaimer of Warranty
THE WEBSITE IS PROVIDED ON AN AS-IS BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF PERSONAL INFORMATION , (4) AND/OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE. IN NO EVENT WILL VAPOROUS OR OUR EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY , OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TO VAPOROUS HEREUNDER OR $100.00. Federal and some state laws do not allow the exclusion and/or limitations of certain implied warranties, so the above exclusions may not apply to you.
For information on Vaporous’ Limited Warranty for our dabX Products, please the support page at www.dabx.com
You agree to indemnify, defend, and hold harmless Vaporous and its subsidiaries and affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, costs or expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your purchase, use of and/or access to any Vaporous Products or the Website, (ii) your violation of these Terms and Conditions; (iii) your violation of the rights of any third-party , including any intellectual property rights; or (iv) your violation of any applicable law, rule or regulation.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 (Telephone: (800) 952-5210 or (916) 445-1254)
Intellectual Property Rights
Unless otherwise indicated, the Website is our proprietary property, and all software, designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and laws of the United States and foreign jurisdictions. The Content and the Marks are provided on the Website “AS IS” for your non-commercial personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website, Content or any Marks may be copied, translated, distributed, sold, licensed, or otherwise published or exploited for any commercial purpose whatsoever.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Vaporous. For any dispute with Vaporous, you agree to first contact us at firstname.lastname@example.org to resolve the issue informally. In the unlikely event that we are not to resolve a dispute informally, we each agree to resolve any dispute (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims''), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles County, California. If you are an individual using Vaporous Products or the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, attorney’s fees, and costs expert witnesses; and (iii) you may sue in a small claims court without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. These Terms and Conditions will be governed by and interpreted under the laws of the State of California, USA, without regard to its principles of conflict of laws, including in any binding arbitration. The exclusive venue for any dispute arising out of these Terms and Conditions that is not otherwise settled by binding arbitration, will be the state or federal courts of Los Angeles, California; provided that nothing shall prevent Vaporous from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of our intellectual property or other legal rights. You agree not to bring an action in any other venue and you expressly agree to waive all objections to these venues. You agree that any cause of action you have that arises out of or relates to these Terms and Conditions or your use of the Website must be brought by you within one year after the cause of action accrues; otherwise any such action against Vaporous is permanently barred.
Miscellaneous Legal Provisions
Due to the logistical consequences of COVID-19, we are experiencing delays in shipping and communications. Please bear with us. We are continuing to process and ship orders with a limited warehouse staff during these times. Please allow up to 2 weeks for processing and shipping.
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