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Fifty-One™ Introducing the New Electronic Cigarette
Terms and Conditions

Welcome to Smoke51.com – In visiting this website, you agree to accept the following terms and conditions. Please read each section carefully.

To fully understand the conditions and business practices of Smoke Fifty-One™ and your guidelines to conduct business with us, please review our Privacy Notice.

  Electronic Communications


Anytime you send Smoke Fifty-One™ an e-mail, or login onto our website at Smoke51.com, you are communicating with us in an electronic format. This gives Smoke Fifty-One™ the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by Smoke Fifty-One™ satisfies all legal notification requirements.

Copyright

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 Smoke Fifty-One™. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any Smoke Fifty-One™ publication for any public, private or commercial purpose.

Compliance with Applicable Laws; Export Control Laws

Visitor or user access to the Smoke51.com is governed by all applicable federal, state and local laws. All information available on Smoke51.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Trademarks

Fifty-One™, Smoke Anywhere USA, Inc. and other Smoke51.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks Fifty-One™/ Smoke Anywhere USA, Inc..

Patents

Patents are pending for the Fifty-One™ device and its components.

Your Account

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. Smoke Fifty-One™ only sells to smoking adults, 21 years or older, who own and can purchase with a credit card. If you are under 21, Smoke51.com 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 Smoke51.com or from the Smoke Fifty-One™ 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.

Product Descriptions

Smoke51.com and its affiliates attempt to be as accurate as possible when posting content.

Pricing

Except where noted otherwise, the prices displayed for Smoke Fifty-One™ products represent the full suggested retail price listed on the product itself. Where an item is offered for sale by one of our merchants, independent sales representative or distribution agents, the price may be provided by that merchant.

With respect to items sold by Smoke51.com, we cannot confirm the price of an item until you register online and complete an online order form; however, we do NOT charge your credit card until after your order has entered the shipping process.

Please note that this policy applies only to Smoke Fifty-One™ products sold on the Smoke51.com website and shipped by Smoke Fifty-One™ or its affiliates. If a third-party site quotes prices different from the Smoke51.com website, your only remedy is to contact the third-party site to settle any dispute.

Disclaimer of Warranties and Limitation of Liability

This Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by Smoke51.com or its affiliates on an "as is" basis, unless otherwise specified in writing. Smoke51.com and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by applicable law, Smoke51.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpuse. Smoke51.com and its affiliates do not warrant that this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their services; or email sent from Smoke51.com are free of viruses or other harmful components. Smoke51.com and its affiliates will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Smoke Fifty-One™ reserves the right to change any and all content contained on this Site at any time without notice.

Applicable Law

By visiting Smoke51.com, you agree that the laws of the State of Florida, 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 Smoke51.com or its affiliates.

Severability

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.

Disputes

Any dispute relating in any way to your visit to Smoke51.com or to products you purchase through Smoke51.com shall be submitted to confidential arbitration in Miami-Dade County, FL , except that, to the extent you have in any manner violated or threatened to violate Smoke51’s intellectual property rights, Smoke Fifty-One™ may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, 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.

Product Return Policy

We are committed to serving the needs of our customers. As your satisfaction is extremely important to us, please first carefully review the below outlined information, and then contact our Customer Service Department based on these instructions so that we may promptly address your needs.

1 Year Limited Warranty:Smoke Anywhere USA, Inc. warrants only to the original purchaser of this product from a Fifty-One™ authorized reseller or distributor that this product will be free from defects in material and workmanship under normal use and service for one year after date of purchase. This warranty does not cover any defects or costs caused by:
1) modification, alteration, repair or service of this product by any persons or company other than Smoke Anywhere USA, Inc ;
2) physical abuse to, or misuse of the product or operation thereof in a manner inconsistent with the use indicated in the instructions;
3) any use of the product other than that for which it was intended; or
4) shipment of the product to Smoke Anywhere USA, Inc. for service.

Any express warranty not provided herein, and any remedy which other than the warranty contained herein that might arise by inference or operation of law, is hereby excluded and disclaimed including the implied warranties of merchantability and of the fitness for a particular purpose.

Due to the strict corporate health policy we have in place for the protection of our customers, once the Fifty-One™ starter set package and/or cartridges have been opened, they cannot be returned for a refund since we cannot re-distribute such opened product to other customers. Replacement or repair of product, therefore, is your exclusive remedy under this warranty.

Subject to the above warranty, in the event that your Fifty-One™ device fails to operate satisfactorily, please simply follow these 3 easy steps:

1. Email our Customer Service Department at customerservice@smoke51.com in order to receive an approved, Return Authorization Number (RAN#). Please label your email subject line, "Request for Return Authorization Number." In the body of your email, please include your (a) full contact information, including your first and last name and/or company name, (b) order number,(c) purchase date, (d) telephone, (e) fax, (f) email address, (g) shipping address and (h) the reason for the return, providing a detailed explanation of the difficulty you are experiencing with the device and/or any of its components. All of these information entries are required for processing your request.

2. Within 48 hours of our receipt of your email, our Customer Service Department will review the information you have provided, and email you back with a Return Authorization Number (RAN#). Please do not send any product to us unless and until you have received your RAN#. Once you have received your RAN#, please securely package your starter kit and/or components, and include within your package a copy of the email from our Customer Service Department indicating your RAN#. If you are experiencing an issue with a product component only, please do not send us your entire starter kit. Mail any product returns to the following address: Smoke Anywhere USA, Inc. 2739 Hollywood Blvd. Hollywood, FL 33020, attention Customer Service Department.

3. Once our Customer Service Department has received the product you have returned, we will then send you a confirmation email indicating our receipt of same, and our email to you will include an estimated time of delivery of your replacement Fifty-One™ product and/or components.

Please note that only original and unopened packages are entitled to a refund, less shipping fees incurred, provided that a request for refund is made to our Customer Service Department, along with shipment of product to the above indicated address within 30 days from your purchase date.

Should you have any questions regarding our Product Return Policy, you may also call our Customer Service Department at (888) Smoke-51.

Enjoy Fifty-One™,

Customer Service Department
Smoke Anywhere USA, Inc.

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