Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of High Mountain Mist, LLC. The collective work includes works that are licensed to High Mountain Mist, LLC. Copyright 2014, High Mountain Mist, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with High Mountain Mist, LLC or purchasing High Mountain Mist, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with High Mountain Mist, LLC or to purchase High Mountain Mist, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by High Mountain Mist, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of High Mountain Mist, LLC used in the site are trademarks or registered trademarks of High Mountain Mist, LLC


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, High Mountain Mist, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. High Mountain Mist, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. High Mountain Mist, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
High Mountain Mist, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if High Mountain Mist, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a High Mountain Mist, LLC product is mistakenly listed at an incorrect price, High Mountain Mist, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. High Mountain Mist, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, High Mountain Mist, LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by High Mountain Mist, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
High Mountain Mist, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to High Mountain Mist, LLC.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Arizon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of High Mountain Mist, LLC products) shall be in the state or federal courts located in Phoenix, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of High Mountain Mist, LLC products) must be commenced within one (1) year after the claim or cause of action arises. High Mountain Mist, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. High Mountain Mist, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a High Mountain Mist, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
High Mountain Mist, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, High Mountain Mist, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, High Mountain Mist, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to High Mountain Mist, LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless High Mountain Mist, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, High Mountain Mist, LLC may link to sites operated by third parties. However, even if the third party is affiliated with High Mountain Mist, LLC, High Mountain Mist, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of High Mountain Mist, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, High Mountain Mist, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
 

NICOTINE POLICIES

1. The vast majority of our e-liquids contain nicotine. Nicotine is a highly toxic and addictive poison. Nicotine-containing e-liquids are only intended for use by committed smokers of legal smoking age, and they are not intended for use by nonsmokers, children, women who are pregnant, or may become pregnant, or by any person with an elevated risk of, or pre-existing condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure, emphysema, or asthma. Should a user experience any side effects, or possible side effects, they should stop using the product immediately and consult a qualified healthcare physician.
2. Our e-liquids and related inhalation devices are NOT provided as smoking cessation products and they have not been approved by the FDA, EMA or the MHRA for this purpose. Our e-liquids and related inhalations devices are not intended to treat, prevent, or cure, any disease, condition or addiction. Additionally, persons suffering from pre-existing lung disease or serious medical conditions resulting from smoking should not use an e-cigarette except with the advice of their doctor. If you have emphysema or pneumonia or bronchitis or suspect that you may, YOU MUST NOT USE an e-cigarette and you must stop any further inhalation of any materials not prescribed by your doctor.
3. E-liquids may be lethal if ingested; with a highly increased risk of fatality present should they be accidentally consumed by children. In the event of accidental ingestion, medical advice should be sought immediately and the physician shown the bottle from which the product was consumed. All of our nicotine-containing products must be safely locked away in a child-proof cabinet (or other highly secured area) when not in use, and they must be kept out of the reach of children, the infirm, and animals, at all times.
4. Skin contact with our e-liquids must be avoided wherever possible. If the product comes into direct contact with the skin, the affected area must be washed immediately with copious amounts of running water. If the product comes into contact with the eyes, the affected area must be rinsed immediately with copious amounts of running water and medical advice sought.
5. Our e-liquids must not be disposed of in domestic refuse or water courses. Advice should be sought from a local waste disposal authority when disposing of nicotine-containing e-liquids.