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In visiting this website and/or using our products, you agree to accept the following Terms and Conditions.
Please read each section carefully.
WARNING: Electronic Cigarettes contain nicotine, a poisonous and addictive substance. The use of electronic cigarete products, both with and without nicotine may contain or produce chemicals known to be harmdul, cause cancer and/or exceed specific levels which require this health warning. ProSmoke Electronic Cigarettes are not a smoking cessation product and not intended to aid in the reduction or stopping of smoking and has not been tested or guaranteed as such. All electronic cigarettes, including ProSmoke have had no extensive testing done by independent or FDA affiliated groups. As such, by using our product, you understand the possible health risks involved in using any nicotine or electronic cigarette products. ProSmoke and its products do not make any health claims, benefits, or intended use of its products. By purchasing and/or using the ProSmoke Electronic Cigarette or affiliated products, you assume all health risks and liability for use, including all hardware, liquids, cartridges, accessories and their related operations. Some products contain small parts that can be a choking hazard; use caution with product.
Electronic Cigarette products and accessories are only intended for smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Product may be poisonous if orally ingested.
By purchasing our products you identify yourself to be at least 18 years old or of legal smoking age in your country.
NICOTINE CONTENT AND ALLERGY WARNING (LIABILITY AND DISCLAIMER)
All products and nicotine contents are shipped as ordered by the client. If you are allergic to or have had allergic reactions to nicotine, do not use this product. Since our product is made in a facility that handles nicotine consistently, even the "No Nicotine" cartridges might contain trace elements of this substance and should not be consumed by anyone with allergies to it or do not want to consume it. Nicotine productss have the potential to cause serious harm if used unreasonably. Those with allergies or have suspected allergies to ingredients such as vegetable glycerin, polypropylene glycol, or other common flavorings and ingredients should also not use this product. By purchasing products from ProSmoke you assume all liability and understand the potential risk and dangers of using this product.
PROSMOKE PURCHASING PROCESS
The price of the goods ordered will be the price shown in the currency you select at the time of the order. The cost of arranging delivery and purchase price will be clearly displayed on the checkout page before the customer commits to the order and will be the full and final amount due for the order. At ProSmoke, we strive for full customer satisfaction! We will work to make things right for you, including offering other products or services free of charge to help you get a better response. ProSmoke and companies reserves the right to conduct business with only those parties that they deem fit and to refuse service to anyone for rude and obnoxious behavior, misrepresentations of any kind, violations of general Internet policies such as spam and/or continual customer complaints for products and/or services offered. ProSmoke aims to provide an exceptional products and service to all clients. If you are not satisfied for any reason, please contact us directly and immediately so that a remedy may be established. ProSmoke's Terms of Service, FAQs and Pricing can change at any time without prior notice.
ProSmoke and companies reserves the right to update pricing without notification as well as substitute similar product in orders that are of equal or greater value to the original product. In no event shall ProSmoke or any of its subsidiaries be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever due to the misuse of its Products. When you place your order it will be assumed that you have read and agreed to the terms and conditions. At no point does ProSmoke and companies make any health claims that their products should be interpreted as a Health product, safety product, Quit Smoking, stop smoking or smoking cessation aid. These terms and conditions shall be governed by and interpreted in accordance with the laws of US and Illinois. The courts of Illinois shall have exclusive jurisdiction to resolve any disputes that may arise.
30 Day Guarantee
So much hard work and research has gone into developing ProSmoke products and making us the company that we are today. We are so confident that you'll love our product, we are giving you have 30 days from the date of your purchase to return your starter kit cigarette components only (Atomizer, Batteries, Charger, Packaging and accessories) for a refund per the following terms and conditions: If your unit is not functioning properly we will ensure it is fixed with troubleshooting from our Support Department or replaced as necessary. If you opt for a refund, all RMA's are subject to our return policies and must be returned in the original packaging with all accessories, in new condition, with documentation and a copy of original packing slip or RMA authorization sheet.
Due to our high manufacturing certifications, the Sanitary Food Transportation and Manufacturing Laws (All of our cartridges are made with Vegetable Glycerin), all cartridge sales, used or unused are final, non-refundable and not included in the 30 day guarantee and valued at the current individual cartridge pack prices in our store at the time of purchase. If requesting a return for an order that only contains cartridges, the package must not be opened or it will not be eligible for return. Including cartridges with returns is at the customers discretion since they are not eligible for refunds or exchanges. If returning a starter kit under the 30-day guarantee, including the cartridges is at the customers discretion since they are not included in any returns or exchanges.
The 30 Guarantee is applicable only to the purchase of complete Starter Kits and not individual components or distributor orders. We will assess additional charges for damaged product, marked, missing packaging or similar, based on the discretion of our Returns Department (equal to but no great than the cost of the goods in our on-line store). Restocking fees are applicable for non 30 day Guarantee purchases and customer are responsible for return shipping costs.
By requesting RMA equipment, you agree that all replacement product is still subject to the terms and conditions of this site and are responsible for returning defective equipment in the agreed time period.
To request a Return Merchandise Authorization, you must contact support first, then later fill our on-line RMA (Return Merchandise Authorization) form provided by customer support. Only requests through this system with a customer support ticket will be considered valid RMA's.
Full Warranty Information and Process
We have a lot of options and processes to assist our customers in making any RMA or product issues extremely easy and straight forward to resolve. To see the full warranty details for all RMA options and to see how claims are processed, please view our official warranty page here: E-Cigarette Warranty
All users who purchase or use any ProSmoke product agree to the warranty and Terms and Conditions set forth on this website. These Terms and Conditions are subject to change without notice. From time to time in our sole discretion, we will notify you of important changes of these Terms and Conditions if applicable. Updated Terms and Conditions, including warranty information, can be requested any time by contacting customer service.
Information Collection & Use Registration
In order to use this Web site, you must first complete the registration form and create a user name and password. During registration you are required to give contact information including your name and email address. We use this information to contact you about the services on our site in which you have expressed interest. ProSmoke (Prosmokestore.com) is the sole owner of the information collected. Access to Personally Identifiable Information. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, or deactivate it by making the change on our member information page, emailing our Customer Support from our Contact Us page, or contacting us by telephone or postal mail using the information located at the top of this page.
Surveys or Contests
From time to time, we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary, and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as zip code).We use this information to notify contest winners and award prizes, monitor site traffic, personalize the site (in the case of anonymous information collected in surveys), and send participants an email newsletter. Email ProSmoke members receive periodic email notices that include exclusive special offers and information about sales, promotions, new releases, and other relevant information. If you no longer wish to receive these emails, you may opt out by contacting us here.
Like many web sites, we collect and analyze standard log file information and Session ID information to analyze site traffic, improve site performance, and prevent fraud. Session IDs are bits of code on your computer that assist your browser in navigating our site. We do not associate personal information with log file information or cookies, except when needed to prevent fraud.
Affiliate and Webmaster sign-up
ProSmokeStore.com collects prospective affiliate and webmaster contact information to process applications and conduct business. This information includes: name, checks payable, address, city, state/province, country, minimum payout, password, source of referral, tax ID (EIN or social security number for U.S. residents), and date of birth.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our web site. The ProSmoke web site(s) contains links to other sites. ProSmoke and companies is not responsible for the privacy practices or the content of such web sites. Our site uses a secure online ordering system that enables clients to purchase products online. ProSmoke collects users financial information, such as account and credit card numbers, for verification purposes only. Financial information that is collected is used to bill the user for products and services, and never for any other reason. The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link: Verisign. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of online transmission or electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our web site, you can email us here.
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 permission from ProSmoke and companies. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or anyrelated ProSmoke and companies publication for any public, private or commercial purpose.
Compliance with Applicable Laws; Export Control Laws
Visitor or user access to any ProSmoke Website is governed by all applicable federal, state and local laws. All information available on ProSmokes websites are subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
ProSmoke, ProSmokeStore.com, ProSmoke Electronic Cigarettes, and any ProSmoke and companies website and company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks. These are described in detail below.
Patents are pending for the ProSmoke device and its components.
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. ProSmoke and companies only sells to smoking adults, of legal age, who own and can purchase with a credit card. If you are under legal age to obtain this device, ProSmoke and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.
Risk of Loss
All items purchased from ProSmoke websites or from the ProSmoke and companies offices or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
ProSmoke and companies and its affiliates attempt to be as accurate as possible when posting content.
By visiting any ProSmoke and companies website, you agree that the laws of the State of Illinois, 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 ProSmoke or its affiliates.
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.
Any dispute relating in any way to your visit to ProSmoke and companies websites or to products you purchase through ProSmoke and companies shall be submitted to confidential arbitration in Bloomingdale, IL, except that, to the extent you have in any manner violated or threatened to violate ProSmoke and companies intellectual property rights, ProSmoke and companies may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, 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.
Shipping and Delivery Issues
Any rejected or undeliverable shipments cannot be refunded until we receive the items back from the original shipping location. We currently ship to USA, Mexico, UK and MANY other countries throughout the world; including Military APO's. Some product, due to shipping and importation laws, could be shipped from distributors within that specific country or with non-nicotine options. All shipping costs and handling/processing fees are automatically summarized and calculated at the time of checkout using three options: yes we do ship e-cigarettes to Canada.USPS Express - Most packages arrive next day depending on location. Please remember there is still processing time for all orders.
Depending on the time of your order, almost all shipments are processed for delivery within 24 to 48 hours (Some within hours). All tracking details are both sent via email and available in the customer section of our site. If local shipping ordinances or laws prevent us from shipping to your specific Country, you will be fully refunded your purchase when the item is returned to us. ProSmoke is not responsible for shipping delays, mis-delivered product, or damage that occurs through USPS, UPS or FedEx.
All products sold by ProSmoke are manufactured to meet the highest industry standards. All prices and specifications are subject to change without notice. Products are shipped FOB origin via USPS. For shipping damage, customers should file claim to their carrier immediately. Any discrepancy, including wrong items or missing items, should be reported to Customer Service within 24 hours. All items entering a foreign country are subject to customs inspection and assessment of duties, taxes, and fees in accordance with that country’s national laws. Customs duties and taxes are assessed, generally, if the item sent is dutiable and if the value of the item is above the threshold set by the country’s laws. Each country assesses customs, duties, and taxes. We are not responsible for customs, duties, and taxes. The recipient is responsible for any fees incurred with international shipments.
ProSmoke Warranty/Cancellation Policy
If you wish to cancel your order, please contact Customer Service before the ship date. If product is missing from your order you must contact us within 10 days of delivery.
All products, unless otherwise stated, are covered by the ProSmoke manufacturer's warranties. Within 12 months, we will repair or replace, at our sole discretion, any product that is deemed to have manufacturer defects. Consumable components, such as cartridges, are typically not covered unless defective. As such, atomizers are also considered consumable items and covered 30 days from purchase against manufacturer defects. Please feel free to check our great FAQ for answers on atomizer and cartridge life.
Authorized Use of ProSmoke and affiliated Trademarks
1. Advertising, Promotional, and Sales Materials: Only ProSmoke and companies (referred to as ProSmoke herein) and its authorized resellers and licensees may use the ProSmoke Logo, Name or Title in advertising, promotional, and sales materials. ProSmoke Authorized Resellers may use the ProSmoke Logo only as specified in their reseller agreement and the ProSmoke Guidelines for Distributors and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with ProSmoke. For example:
2. Compatibility: 3rd party manufacturers or resellers may not use ProSmoke or any other affiliated ProSmoke word, mark or Logo in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced ProSmoke product or accessories.
3. Publications, Seminars, and Conferences: You may use ProSmoke in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for ProSmoke Distributors
b. The use reflects favorably on both ProSmoke and ProSmoke products or technology.
c. Your name and logo appear more prominent than the ProSmoke word mark on all printed materials related to the publication, seminar or conference or trade show.
d. The ProSmoke logo or any other ProSmoke-owned graphic symbol, logo, icon, name or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from ProSmoke.
e. A disclaimer of sponsorship, affiliation, or endorsement by ProSmoke, similar to the following, is included on the web publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by ProSmoke Inc.”
f. A trademark attribution notice is included in the credit section giving notice of ProSmoke’s ownership of its trademark(s).
4. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning ProSmoke product(s) or technology may use the appropriate ProSmoke word mark, provided such use complies with the guidelines set forth in Section 3 above. This includes any variations of ProSmoke, plural, hyphenated, or presented to represent electronic cigarette technology with the ProSmoke or companies trademarks, names and logos.
5. ProSmoke Web Badge Licensing Program: Web sites may use one of the ProSmoke Web Badges if the site uses or was created using ProSmoke distributorship materials and you comply with the terms of the ProSmoke Agreements and Guidelines.
Unauthorized Use of ProSmoke Trademarks
1. Company, Product, or Service Name: You may not use or register, in whole or in part, ProSmoke, ProSmokes, or any other ProSmoke trademark, including ProSmoke-owned graphic symbols, logos, icons, names or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
2. ProSmoke Logo and ProSmoke-owned Graphic Symbols: You may not use the ProSmoke Logo or any other ProSmoke-owned graphic symbol, logo, name or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from ProSmoke, such as a reseller agreement.
3. Variations, Takeoffs or Abbreviations: You may not use an image of a real ProSmoke or other variation of the ProSmoke logo or name for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a ProSmoke trademark for any purpose. For example:
Not acceptable: ProSmokes Pro-Smoke Pro eSmoke ProVaporizer
4. Disparaging Manner: You may not use a ProSmoke trademark or any other ProSmoke-owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship: You may not use ProSmoke, or any other trademark, including ProSmoke-owned graphic symbols/logos, or icons, in a manner that would imply ProSmoke’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing ProSmoke trademarks, including symbols, logos, or icons, except pursuant to an express written trademark license from ProSmoke.
7. ProSmoke’s Trade Dress: You may not imitate the distinctive ProSmoke packaging, web site design, logos, or typefaces.
8. Slogans and Taglines: You may not use or imitate a ProSmoke slogan or tagline.
For example: “A New and Healthier Alternative”
9. Domain Names: You may not use an identical or virtually identical ProSmoke trademark as a second level domain name.
Not acceptable: “prosmoke.com” “SellProSmokes.com” “ProoSmokeStoreNow.com” “ProSmokes.com”
The ProSmoke Trademark
1. You may not use the ProSmoke trademark standing alone except to denote or refer to the ProSmoke product line.
2. You may use “ProSmoke” in your product name, company name, trade name, or service name provided your name satisfies the following criteria:
a. Your product is not an electronic cigarette, vaporizer, or any variation or accessory that is affiliated with electronic cigarettes, tobacco alternatives, smoking, or quit smoking products, ideas, or names.
b. Your name does not suggest a false association with ProSmoke.
c. Your name is not confusingly similar to any trademark owned or used by ProSmoke.
d. You acknowledge that ProSmoke is the sole owner of the “ProSmoke” trademark and that you will not interfere with ProSmoke’s use or registration of “ProSmoke” alone or in combination with other words.
e. If you are a ProSmoke Authorized Reseller or member of a ProSmoke program, you may be subject to additional restrictions.
Rules for Proper Use of ProSmoke Trademarks
1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
2. As adjectives, trademarks may not be used in the plural or possessive form.
Correct: I bought two ProSmoke Starter Kits.
Not Correct: I bought two ProSmokes
3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that.
4. Always spell and capitalize ProSmoke’s trademarks exactly as they are shown in the ProSmoke Trademark List. Do not shorten or abbreviate ProSmoke product names. Do not make up names that contain ProSmoke trademarks.
Proper Trademark Notice and Attribution
1. Distribution Within the United States Only
a. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the ProSmoke trademark appears in the text of the advertisement, brochure, or other material.
b. Refer to the ProSmoke Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark (except the ProSmoke Logo, where the logo appears at the right foot).
c. Include an attribution of ProSmoke’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.
Following are the correct formats:
_________ and _______ are registered trademarks of ProSmoke and ompanies.
2. Distribution Outside the United States:
a. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.
b. Use one of the following international credit notices:
_________ is a trademark of ProSmoke. registered in the U.S. and other countries.
Depictions of ProSmoke Products
1. Endorsement or Sponsorship: ProSmoke does not support the use of its logos, company names, product names, or images of ProSmoke products by other parties in marketing, promotional or advertising materials as their use may create the perception that ProSmoke endorses or sponsors the product, service or promotion unless entered into a distributorship or affiliate agreement pursuant to the previously mentioned guidelines.
For further information with respect to ProSmoke’s and companies copyrights, send an email to support (at) ProSmokeStore.com
Affiliates will engage in ethical marketing tactices and upon our review, can have commissions deleted or removed from the system if found to be using methods like keyword stuffing, click advertising, paid or free advertising, pop unders, cookie stuffing, or other "black hat" methods for SEO. Reviews of affiliate accounts and commissions are at the sole discretion of ProSmoke and their review process.
Our products are covered by the warranty set forth on this website. User modification of the atomizer, cartridge, or batteries will automatically void the warranty immediately. Some of these modifications can be dangerous to your health.
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