Terms

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 A. GENERAL TERMS OF USE

1. ACCEPTANCE OF TERMS.

PLEASE READ THESE TERMS AND THE VAPORMAG LLC PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. VAPORMAG LLC MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS. 

These Terms do not alter in any way the terms or conditions of any other agreement You may have with VaporMag LLC or its affiliates for other products or services.

Our  Privacy Policy, and as applicable our Cookie Policy , describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms, VaporMag LLC’s use of any personal information (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy. For further information regarding VaporMag LLC’s processing of your personal information, please refer to our Privacy Policy, available at https://vapormag.com/policies-%26-warranty or, as applicable, the local version available at the bottom of the regional Site.

You are expected to check this page from time to time to take notice of any changes VaporMag LLC has made, as those changes are binding on you.

The Terms were updated as of February 1, 2026.

2. USE AND RESTRICTIONS.

The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.

The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that VaporMag LLC, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform.

You agree not to:

• resell for commercial purposes products purchased through the Platform, or as applicable, from a VaporMag LLC retail store;
• commercially sell, resell, distribute, or frame the Platform or Content therein;
• modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
• use, frame, or utilize framing techniques to enclose any VaporMag LLC trademark, logo, or other proprietary information (including the images found on the Platform, the content of any text, or the layout/design of any page or form contained on a page) without VaporMag LLC’s express written consent;
• collect or use any product listings or descriptions; or
• use any meta tags or any other “hidden text” utilizing a VaporMag LLC name, trademark, or product name without VaporMag LLC’s express written consent. When using the Platform, you may not:
• breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer, or database connected to the Platform;
• transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;
• use any data mining, robots, or similar data gathering and extraction methods from the Platform;
• access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms;
• attack the Platform via a denial or service attack or distributed denial or service attack; or
• forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform.

Any unauthorized use of the Platform will terminate the permission or license granted by these Terms, will result in you being barred from using the Platform, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. COPYRIGHT

The Content, Sites, and Apps, as well as the selection and arrangement of each, are the sole property of VaporMag LLC and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms or with VaporMag LLC's express written consent. Other than as necessary for your use of the Platform in accordance with these Terms, VaporMag LLC grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Content. Any Content owned by VaporMag LLC's licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Apps, Sites, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without VaporMag LLC’s express prior written consent.

If you print, copy, or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at VaporMag LLC’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Sites for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. VaporMag LLC’s status (and that of any identified contributors) as the author of material on the Platform must always be acknowledged.

4. TRADEMARK

All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the "Marks") that appear on the Platform are proprietary to VaporMag LLC or such Marks' respective owners. You may not display or reproduce VaporMag LLC Marks other than with the prior written consent of VaporMag LLC, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of VaporMag LLC or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of VaporMag LLC.

5. COPYRIGHT AND TRADEMARK INFRINGEMENTS

VaporMag LLC respects the intellectual property rights of others, and we ask you to do the same. VaporMag LLC may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide VaporMag LLC's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works on a single website are covered by a single notification, a representative list of such works on that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled on the Platform, and information reasonably sufficient to permit VaporMag LLC to locate the material;
• Information reasonably sufficient to permit VaporMag LLC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

VaporMag LLC's agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows: By email: info@vapormag.com By mail: Attention: P.O. Box 170, New Hudson, Michigan  48165-9998. Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.

6. YOUR ACCOUNT

If you purchase products or services using the Platform, you may be prompted to establish an account with VaporMag LLC, and at your discretion, choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your device and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password. You agree to immediately notify VaporMag LLC of any unauthorized use of your password or account or any other breach of security by https://vapormag.com/contact. We have the right to disable any account or password at any time, for any reason. You acknowledge and agree that VaporMag LLC may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if VaporMag LLC is required to do so by law or legal process or if VaporMag LLC determines, in its sole discretion, that such action is necessary to protect the rights of VaporMag LLC, third parties, and other users of the Platform or for purposes of responding to your request for customer service.

7. ELECTRONIC COMMUNICATIONS

a) You consent to receive electronic communications from VaporMag LLC either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing. The frequency of the electronic communication will vary based on your interactions with our products, marketing campaigns and website. 

b) SMS/Text Messaging. 

By providing your telephone number to VaporMag LLC under any SMS program and clicking "I Agree" or a similar consent mechanism under the applicable SMS program, you consent to receive transactional, promotional, and marketing SMS or text messages from or on behalf of VaporMag LLC.  Message frequency may vary, and message and data rates may apply to all SMS or text messages sent by or on behalf of VaporMag LLC, or received by you. Carriers are not liable for delayed or undelivered messages. Delivery of SMS or text messages is dependent on your mobile carrier's network and performance. VaporMag LLC will not sell, or share your SMS opt-in data with third parties. We may share your data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. SMS data will be used solely to administer the messaging program and in accordance with our Privacy Policy. You may withdraw your consent at any time by unsubscribing to the SMS program by replying "STOP" to any SMS or text message you receive, or by any other described opt-out or unsubscribe mechanism. You acknowledge that opting out of the SMS program will impact your ability to receive SMS or text messages from VaporMag LLC thereafter. For support, text HELP, or for additional assistance contact us at service@vapormag.com or 1.248.953.0478 

You agree that VaporMag LLC may use and/or disclose information consistent with the Privacy Policy.

8. SUBMISSIONS

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Platform (each, a "Submission") and through the services available in connection with the Platform, and that you, and not VaporMag LLC, have full responsibility for each Submission you make, including its legality, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to VaporMag LLC. You represent that: (a) the posting and use of your Submission on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (b) you will pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and (c) you have the legal right and capacity to enter into these Terms in your jurisdiction. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis. You agree that VaporMag LLC is free to use a Submission for the purpose of providing you and others with use of the Platform, its functionality, and associated products and services, and, unless the rights in such Submission are assigned to VaporMag LLC under these Terms, you grant VaporMag LLC a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify, and prepare derivative works of the Submission. In addition, to the extent any Submission contains your or any other person’s name, likeness, voice, or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to VaporMag LLC a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of VaporMag LLC products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and VaporMag LLC is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS. You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to VaporMag LLC set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or entity or violate any applicable law, rule, regulation, or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:

• use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by VaporMag LLC;
• use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content;
• take any action that imposes or may impose (in VaporMag LLC’s sole discretion) an unreasonably or disproportionately large load on VaporMag LLC’s infrastructure;
• attempt to gain unauthorized access to VaporMag LLC’s computer network or user accounts;
• encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
• attempt to damage, disable, overburden, or impair VaporMag LLC servers or networks;
• violate applicable third-party terms;
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• use racially, ethnically, or otherwise offensive language;
• discuss or incite illegal activity;
• use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• post anything that exploits children or minors or that depicts cruelty to animals;
• post any copyrighted, trade-secret, proprietary, patented proprietary, or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
• disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;
• use any robot, spider, scraper, or other automated means to access the Platform; or
• alter the opinions, goals, profiles, or comments posted by others on the Platform.

This list of prohibitions provides examples and is not exhaustive. VaporMag LLC reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services); and (iii) refuse, delete, modify, edit, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that VaporMag LLC determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services. VaporMag LLC may report to law enforcement authorities any actions that may be, or VaporMag LLC reasonably suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at VaporMag LLC's discretion, VaporMag LLC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet. VaporMag LLC takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, VaporMag LLC is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require VaporMag LLC to monitor, police, or remove any Submissions or other information submitted by you or any other user.

VaporMag LLC prohibits crawling, scraping, caching, or otherwise accessing any content on the Platform via automated means, including, but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with VaporMag LLC's express consent).

VaporMag LLC's policy is to not accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, VaporMag LLC does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that VaporMag LLC is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

9. MODIFICATIONS

Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, VaporMag LLC reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform, at any time and from time to time.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless VaporMag LLC, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.

11. THIRD-PARTY SITES

The Platform may contain links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than VaporMag LLC or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. VaporMag LLC does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply VaporMag LLC’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

12. LINKING TO THE SITES

You may link to our Sites, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The website from which you are linking must comply in all respects with applicable law.

13. WARRANTIES AND DISCLAIMER

AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO VAPORMAG LLC THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED BELOW), THE SITE, APPS, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE PLATFORM OR STORES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VAPORMAG LLC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, VAPORMAG LLC DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. VaporMag LLC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it. IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. VAPORMAG LLC THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VAPORMAG LLC RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, VAPORMAG LLC MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, VAPORMAG LLC WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE(S).

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. VaporMag LLC is not liable for these variants and deviations. Nothing in these Terms shall affect your legal rights under applicable consumer laws.

14. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, VAPORMAG LLC AND ITS PARENT, AFFILIATES, SUBSIDIARIES (INCLUDING IVIVVA ATHLETICA CANADA INC.), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE OR APPS OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY VAPORMAG LLC’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE, OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITIATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." You agree that any claim you may have arising out of or related to your relationship with VaporMag LLC must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

15. ARBITRATION AGREEMENT

General

We believe that arbitration offers a prompt, efficient way to resolve any dispute, controversy, or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).

To the maximum extent permitted by law, you and we agree that any and all Disputes arising out of or relating in any way to these Terms and prior versions of these Terms, any communications you receive from VaporMag LLC, any products sold or distributed through the Platform, your account, your access to or use of the Platform (including for the purchase of VaporMag LLC products), your Submissions, and any Personal Rights contained therein, including claims and disputes that arose between us before the effective date of these Terms, will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as further detailed in this Section 15 (“Arbitration Agreement”). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW. There is no judge or jury in arbitration. The discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court in an individual proceeding (including attorneys’ fees).

The only exceptions to the Arbitration Agreement are: (i) you and VaporMag LLC may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or VaporMag LLC may seek equitable relief in court for infringement or other misuse of intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.

Waiver of Jury Trial

YOU AND VAPORMAG LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and VaporMag LLC are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class and Other Non-Individualized Relief

YOU AND VAPORMAG LLC AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION CLAUSE BELOW OR OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and VaporMag LLC agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or provincial (as applicable) or federal courts located in either the State of Washington if arising the United States or in the Province of British Columbia if arising in Canada. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or VaporMag LLC from participating in a class-wide settlement of claims.

Pre-Arbitration Claim Resolution

If a Dispute arises between you and VaporMag LLC, VaporMag LLC is committed to working with you to reach a reasonable resolution. You and VaporMag LLC agree to make good faith, informal efforts to resolve Disputes to seek a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, you and we must first give the other an opportunity to resolve the Dispute. We will reach out to you via your information on file and you will reach us by emailing us at service@vapormag.com with the following information: (i) your name; (ii) your address; (iii) a written description of our claim in the Dispute; and (iv) a description of the specific relief you seek. If you and we do not resolve the Dispute within forty-five (45) days after receiving said notification, then you or we may pursue the Dispute in arbitration, as detailed below, or, if you have opted out of arbitration as provided under “30-Day Right to Opt Out”, in court.

30-Day Right to Opt Out

Notwithstanding the above, you have the right to opt out of the provisions of this Arbitration Agreement within thirty (30) days from the date that you first consent to these Terms (the “Opt-Out Deadline”). To opt out of arbitration, simply email us at service@vapormag.com with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you do not wish to resolve Disputes with us through arbitration. Any decision to opt out of arbitration will have no adverse effect on your relationship with us, but we do have to enforce the Opt-Out Deadline. Any opt-out request received after the Opt-Out Deadline will not be valid, and you will be required to pursue any Dispute in arbitration. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Arbitration Procedures

If the Dispute is not resolved as provided under “Pre-Arbitration Claim Resolution” within forty-five (45) days, either you or we may initiate arbitration proceedings. The AAA will administer all Disputes, and the arbitration will be conducted before a single arbitrator, in accordance with the Consumer Arbitration Rules and the Mass Arbitration Supplementary Rules, as applicable, then in effect, except as modified by this Arbitration Agreement. The AAA rules are available at www.adr.org. These Terms govern in the event of any conflict with the applicable arbitration rules.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void, or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.”

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, and email address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Pre-Arbitration Claim Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. The arbitration will be conducted in English, closed to the public, and confidential. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All related records shall be kept confidential, except as necessary to obtain court confirmation of the arbitration award. The Terms evidence a transaction which may involve interstate commerce; notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.

Attorneys’ Fees and Costs

Subject to the “last-best offer” section below, The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Last-Best Offer

VaporMag LLC may serve you with a written “last-best” settlement offer at least 14 days before the arbitration date. If the final award does not exceed that offer, you must (i) bear your own lawyer’s fees and expenses incurred after the offer date and (ii) reimburse VaporMag LLC for AAA/arbitrator fees it advanced after that date.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

Unless you and VaporMag LLC otherwise agree, or the “Batch Arbitration” process discussed in the subsection below is triggered, the arbitration will be conducted in Seattle, Washington. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.