Terms & Conditions
Legal Terms & Conditions of Use
ONLINE STORE CONDITIONS
The information provided on this site and if you choose to use this site you agree to follow the terms and conditions written out. These terms and conditions may change at our discretion at any time and without prior notice. If you continue to use this site after changes are made then you agree to accept those changes, it is your responsibility to monitor changes on this site. All orders and purchases made through this site are governed by these terms and conditions.
The products being sold on the site are intended for tobacco use only and should not be used, or discussed in a manner that is illegal. By purchasing any products from this site you agree to use them for lawful purposes only, including tobacco or legal blend (as defined in your Municipality) use only and that it is legal in your country and/or state to purchase tobacco-related products. The use of these products is solely at the risk and discretion of the customer and HIGH FIVE VAPE shall not be held responsible or liable for any use or misuse of the products sold herein whether legal or illegal. By utilizing our site it is your sole responsibility to be aware and understand the laws pertaining to the items sold on this site whether the laws be local, state or federal. It is illegal to use drug paraphernalia slang when discussing the items sold on our site. If you use paraphernalia terms/slang, we will refuse service. We require any government employees/agencies or agents whether local, state or federal identify themselves to HIGH FIVE VAPE upon visiting the site or purchasing any products, and using the site in any form or manner. By utilizing our site you allow us the right to request a scanned copy of an official form of ID for age verification before processing an order. By using this site you release and discharge all involved in the creation and maintenance of this website from any and all liabilities. We reserve the right to refuse service to anyone for any reason under our own discretion no matter the reason. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any and all products or services that we offer. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
US Code 21-863 refers to EVERY AND ALL materials used to manufacture tobacco products and accessories including Wood, Metal, Ceramic, Meerschaum and Glass. Specific pipes with carburetion devices (third holes) are categorized as paraphernalia no matter the material used to manufacture the pipe. Tobacco products and accessories like pipes, cigar and cigarette holders and hookah/sisha pipes are not included in the list of contemporary accessories. U.S. vs. Posters & Things (Supreme Court - 1996) upholds this code as the OBJECTIVE standard by which paraphernalia is judged. This code describes other relevant factors in this determination to include whether the owner is a licensed distributor or retailer of tobacco products! Ten states have adopted USC 21-863 as state law, three more are in the process of adoption. All other states have either less rigorous SUBJECTIVE (intent) statutes or no law on this subject at all! All Glass pipes and glass products conform to RTDA guidelines for bowl depth and width. HIGH FIVE VAPE, it’s employees, associates, suppliers, vendors, manufacturers and third party contracts are not responsible for the use and practice of any instructions herein. Those who follow all broadcast listed or served herein assume all risk of being offended or suffering any other form of damage. HIGH FIVE VAPE, it’s employees, staff, operators, owners and members will NOT be held liable for any illegal activity, legal recourse, or lawyer's fees that many result from the purchase and/or use of any of our products or products purchased from the site. Limitation of Liability: HIGH FIVE VAPE is not liable for damages of any type, including, without limitation, special or consequential damages, resulting in your access to, or inability to access, this site or your use of, or reliance upon, this site or the contents of this site. If you purchase any tobacco products or tobacco accessories including but not limited to glass water pipes, you are subject to local prosecution and fines. Any damage resulting from illegal usage or infringement of such applicable laws shall be the sole liability of your legal guardians. By using our site and purchasing the products on our site you acknowledge the Surgeon General’s Warning below:
Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy. Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. Smoking By Pregnant Women May Result in Fetal Injury, Premature Birth, And Low Birth Weight. Cigarette Smoke Contains Carbon Monoxide.
The products on this site are not intended for use by persons under legal smoking age, nonsmokers, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. The products do not treat, diagnose, or cure any disease, physical ailment, or condition. The products are not marketed for use as a smoking cessation product, they are vaporizer products. HIGH5 products are not approved by the American FDA or any other health or regulatory authority. It is advised that you consult with a licensed physician before using a vaporizer and/or electronic cigarette, or if you experience any adverse effects. All products on this site are intended for aromatherapy, delivery of aromatic blends, or smokeless use of tobacco only. Not illegal substances. WARNING: Vaporizers and electronic cigarettes with nicotine contain a chemical known to the state of California to cause cancer, birth defects or other reproductive harm. HIGH FIVE VAPE shall not be responsible for improper use of any products sold on the site. Once the transaction has been made it is the sole responsibility of the customer to limit the use of said product(s) to their own usage. They must keep out of reach of minors, children and pets.
We do not offer shipping to third parties as gifts or under any other circumstance. We obligated legally to ship our products to those who made the purchase on our site and agreed to our terms and conditions. We only ship to the credit card holder’s name, no exceptions. When ordering from countries besides the USA we do not guarantee the package will clear customs and be delivered to you. In the event that this does occur we are not liable for the contents and will not refund any payments to you. We will also not be able to reship the order. If the package did not clear customs it was due to import restrictions which are entirely your responsibility.
Copyright & Trademarks
Your use of this site is available solely for personal use, non-commercial use. By using this site you agree to not imitate, copy, publish, distribute, claim, post, distribute or change in any way any and all parts of this site. All names, logos, photos and trademarks are intellectual property of HIGH FIVE VAPE and cannot be used without written consent from HIGH FIVE VAPE. All trademarks, service marks and trade names of HIGH FIVE VAPE used on the site are trademarks owned by HIGH FIVE VAPE. The photos, graphics, text and website code are copyrighted under the copyright laws of the United State of America and are the sole property of HIGH FIVE VAPE.
ACCURACY OF INFORMATION
HIGH FIVE VAPE is not liable if the information provided on this site is complete, up to date or accurate. The information provided on this site is for general information and should not be the sole reason for making decisions without researching other sources of information. Use of this site relying solely on the information provided on the site is at your own risk. We reserve the right to change pricing and description for any product or modify/discontinue services available
HIGH FIVE VAPE does not guarantee or warrant that the functions and services on this site will be uninterrupted, timely, secure, accurate, reliable, useful or error-free. By using this site you agree that periodically we may remove the service for certain periods of time or cancel the service at any time at the sole discretion of HIGH FIVE VAPE. By using this site you also agree that the use of, or inability to use the site and it’s services is at your sole risk. All materials are provided 'as is' and 'as available' for your use, without any warranties or conditions of any type, whether express or implied, including but not limited to all implied warranties or conditions of merchantable quality, merchantability, fitness for a particular purpose, durability, title, and non-infringement. HIGH FIVE VAPE, it’s staff, members, employees, suppliers, agents, service providers, merchants. Owners, or any persons affiliated with the company will not be liable in the event of any kind of loss, claim, injury or any direct, indirect, incidental, punitive, special, or consequential damages including, but not limited to lost revenue, lost savings ,lost profits, loss of information, replacement costs, or any damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your usage of the site and any services or products provided on the site which includes but is not limited to, any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if informed of their possibility. Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Limitation of Liability
HIGH FIVE VAPE will not be held liable for any kind, special or consequential damages that may result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HIGH FIVE VAPE has been informed of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, in which case the above limitation or exclusion may not apply to you.
Any use of this site shall be governed in all respects by the laws of the state of Washington, 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 usage of this site (including but not limited to the purchase of HIGH FIVE VAPE products) shall be in the state or federal courts located in King County, Washington. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HIGH FIVE VAPE products) must be commenced within one (1) year after the claim or cause of action arises. HIGH FIVE VAPE'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 FIVE VAPE may assign its rights and duties under this Agreement to any party at any time without notice to you
HIGH FIVE VAPE does not review all content, communications and materials posted to or created by users visiting the site, and shall not be responsible or held liable for the content of these communications and materials. By using this site you acknowledge that by providing you with the platform to view and distribute user-generated content on the site, we are merely performing as a channel for such distribution and do not take reasonability for the content transferred/posted. We reserve the right to halt or block all communications or materials that we determine to be illegal, threatening, grotesque, misleading, in violation of copyright or trademark laws or intellectual property or the right of another individual that is deemed unacceptable to HIGH FIVE VAPE without notice to you.
By using this site you agree to indemnify, defend, and hold harmless HIGH FIVE VAPE, its members, staff, officers, directors, affiliates, employees, agents, licensors , merchants and suppliers from and against any and all losses, expenses, damages and costs, including legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including misuse or negligence on your behalf) by you or any other person accessing the site using your Internet connection.
TERM AGREEMENT & TERMINATION
The failure of HIGH FIVE VAPE, it’s employees, staff, owners or members to utilize or enforce any right or provision detailed in these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and Conditions written on this site serve as an understanding between you and HIGH FIVE VAPE and constitute your use of the site and services provided superseding any and all prior communication, agreements or proposals in any form oral or written between you and HIGH FIVE VAPE including but not limited to any prior versions of this Terms of Service and Conditions.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. We reserve the right to modify the terms and conditions, remove information and discontinue the site’s availability to the public at any time without notice at our sole discretion. If any term, condition, or provision on this site is considered to be void, unlawful or for any reason unenforceable, the validity and enforceability of their remaining terms and conditions will not in any way be affected or impaired. This Legal Statement constitutes the entire agreement between you and HIGH FIVE VAPE pertaining to the subject matter in this Legal Statement.
PLEASE EXIT THIS SITE IF YOU DO NOT AGREE TO THESE CONDITIONS.