Terms of Service
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://skybluevapor.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by SkyBlue Vapor Corp..
By accessing this website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on January 1st, 2020.
The terms “us” or “we” or “our” refers to SkyBlue Vapor Corp., the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
- Permission is granted to temporarily download one copy of the materials (information or software) on SkyBlue Vapor Corp.’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on SkyBlue Vapor Corp.’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by SkyBlue Vapor Corp. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of SkyBlue Vapor Corp. without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing SkyBlue Vapor Corp.’s name or trademarks without the express written consent of SkyBlue Vapor Corp.. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of SkyBlue Vapor Corp., in other way that is likely to trigger confusion among consumers, that disparages or challenges SkyBlue Vapor Corp. or its licensors, that dilutes the strength of SkyBlue Vapor Corp.’s or its licensor’s residential property, or that otherwise infringes SkyBlue Vapor Corp.’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that SkyBlue Vapor Corp. develops to generate or show any Material of the pages making up the Website is likewise secured by SkyBlue Vapor Corp.’s copyright, and you may not copy or adjust such code.
SkyBlue Vapor Corp. has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
If alerted by a User of any products which allegedly do not conform to these Terms, SkyBlue Vapor Corp. could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. SkyBlue Vapor Corp. has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communications that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. SkyBlue Vapor Corp. additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.
SkyBlue Vapor Corp. does not guarantee the truthfulness, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
By creating an account on this website you agree that all of your information is truthful, correct, and that you are at least 18 years of age. When making a purchase with your account, you agree that all your shipping / billing information is correct and accurate. In the event there are extra charges relating to false information given from your account, you will hold the responsibility of covering those charges. (Example; An order is placed with an incorrect shipping address and is returned. You will be responsible for the secondary shipping charges involved due to your mistake.)
Any return made on your account is subject to a minimum $5 restocking and/or administrative fee plus any shipping and handling charges that occur.
Accidental duplicate orders are subject to a maximum $5 return fee.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
Lifetime Warranty Coverage Outside Of The United States
SkyBlue Vapor offers the same Lifetime Warranty coverage for those outside of the United States, however, SkyBlue Vapor may require you to pay for shipping when requesting and/or claiming a warranty. This decision is made on a case by case basis.
Use of Email & Phone Number
SkyBlue Vapor Corp. does collect your email address and phone number for use with gathering reviews and messaging the customer when customer service is required. This info is kept on a secure server and is only used for the listed purposes.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions. SkyBlue Vapor Corp. reserves the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless SkyBlue Vapor Corp. suggests otherwise, you grant SkyBlue Vapor Corp. a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant SkyBlue Vapor Corp. and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify SkyBlue Vapor Corp. for all claims resulting from Content You supply. SkyBlue Vapor Corp. has the right but not the commitment to edit and keep track of or eliminate any task or Material. SkyBlue Vapor Corp. takes no duty and assumes no liability for any content published by You or any 3rd party.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on SkyBlue Vapor Corp.’s Website could include technical, typographical, or photographic errors. SkyBlue Vapor Corp. does not warrant that any of the materials on its Website are accurate, complete, or current. SkyBlue Vapor Corp. may make changes to the materials contained on its Website at any time without notice. SkyBlue Vapor Corp. does not, however, make any commitment to update the materials.
The materials on SkyBlue Vapor Corp.‘s Website are provided “as is” SkyBlue Vapor Corp. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, SkyBlue Vapor Corp. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
The Website serves as a venue for Individuals to purchase distinct service or products. Neither SkyBlue Vapor Corp. nor the Website has control over the quality or fitness for a particular function of a product. SkyBlue Vapor Corp. likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY SkyBlue Vapor Corp. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SkyBlue Vapor Corp. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, SkyBlue Vapor Corp. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. SkyBlue Vapor Corp. DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM SkyBlue Vapor Corp. ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. SkyBlue Vapor Corp. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL SkyBlue Vapor Corp.’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. SkyBlue Vapor Corp. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
SkyBlue Vapor Corp. may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to SkyBlue Vapor Corp.’s Website shall be governed by the laws of Pennsylvania without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe SkyBlue Vapor Corp., its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. SkyBlue Vapor Corp. will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in Pennsylvania, United States and shall be governed by and construed in accordance with the laws of Pennsylvania, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of SkyBlue Vapor Corp. under our Legal Terms shall survive the termination of our Legal Terms.
SkyBlue Vapor Messaging Terms & Conditions
This SMS message program is a service of SkyBlue Vapor. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from SkyBlue Vapor. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give SkyBlue Vapor permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.
Message frequency may vary. SkyBlue Vapor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. SkyBlue Vapor also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. SkyBlue Vapor, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that
and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from SkyBlue Vapor through any other programs you have joined until you separately unsubscribe from those programs.
Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF SkyBlue Vapor OR ANY PARTY ACTING ON BEHALF OF SkyBlue Vapor BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO SkyBlue Vapor HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF SkyBlue Vapor HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE SkyBlue Vapor MESSAGING PROGRAM. SkyBlue Vapor AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless SkyBlue Vapor, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from SkyBlue Vapor or its service providers.
- General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from SkyBlue Vapor or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND SkyBlue Vapor ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or SkyBlue Vapor to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and SkyBlue Vapor will be governed by the 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 arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- No Class Actions. YOU AND SkyBlue Vapor AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SkyBlue Vapor agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and SkyBlue Vapor are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- No Class Actions. YOU AND SkyBlue Vapor AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SkyBlue Vapor agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if SkyBlue Vapor makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to SkyBlue Vapor’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and SkyBlue Vapor.
- Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from SkyBlue Vapor after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and SkyBlue Vapor concerning the Messaging Program.
Please contact us with any inquiries or concerns at [email protected] or write to us at: 6566 Route 209 Unit 3 Stroudsburg, Pennsylvania 18360.