Terms and Conditions: PHORIA.COM, PHORIA LLC
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree to the Terms & Condition set forth here" you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Phoria.com reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND TO USE THIS SITE
This Agreement acknowledged and agreed to by a person over the age of eighteen (18) years. If you do not meet this requirement, please leave the site now. There are no exceptions to this policy.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, Phoria.com hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of Phoria.com and are protected by copyrights, moral rights, trademarks, service marks, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Phoria.com. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorney's fees resulting from any non-payment.
Use of the content or materials of this site for any purpose not expressly permitted in this Agreement is prohibited. You agree that if you are issued a Username and Password by Phoria.com, you shall assume the responsibility to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Phoria.com immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily obtainable by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Phoria.com shall pursue such penalties to the full extent of the law to protect its rights.
YOUR PHORIA.COM 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. Phoria.com only sells it’s products and services to smoking adults, 18 years or older, who own and can purchase with a credit card. If you are under 18, Phoria.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content posted by you, and cancel any orders immediately.
Any material, information, idea or other communication you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Phoria.com for any purpose. Phoria.com will have no obligations to the creator of said content it will be free to copy, disclose, distribute, incorporate and otherwise use the content and all data, images, sounds, text, and other things contained therein for any and all commercial and non-commercial purposes. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Except with regard to personal information, all information which you post on this site or communicate to Phoria.com through this site (collectively “Submissions”) shall forever be the property of Phoria.com. Without limitation, Phoria.com shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
MONEY BACK GUARANTEE
Due to the fact that our product is consumable and cannot be repackaged or resold like most other products, we do not offer a full money back guarantee.
FLORIDA SALES TAX
Phoria.com is owned and operated in the state of Florida. Florida sales tax is charged in the amount of 6% of the subtotal of your purchase only to Florida residents. This tax rate is applied to all purchases made from Phoria.com in accordance to our state laws and tax code.
The copyright in all material provided on this Site (referred to herein as "Site") is held by XCIG LLC. (referred to herein as "Phoria.com"). Except as stated herein, no material from the Site or any web site owned, operated, licensed or controlled by Phoria.com, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and other laws.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and/or unregistered trademarks of XCIG LLC., unless otherwise noted.
This Site is controlled and operated by XCIG LLC from its offices in Florida. Phoria.com makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site are governed by the laws of the State of Florida, without giving effect to any principles of conflicts of laws.
THIRD PARTY SITES
You may be transferred to other third party sites through links from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Phoria.com, are not monitored or reviewed by us, and we are not aware of the contents of such sites. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link does not imply endorsement of this site by Phoria.com, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Phoria.com and its licensors have no liability whatsoever from such third party sites and your usage of them.
Phoria.com posts content regularly found on the internet for the usage and benefit of it’s visitors. We respect the intellectual property of others and If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our offices immediately so that we may resolve these issues.
DISCLAIMER OF WARRANTIES
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 Phoria.com on an "as is" basis, unless otherwise specified in writing. Phoria.com 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, Phoria.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Phoria.com does 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 Phoria.com are free of viruses or other harmful components. Phoria.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. Phoria.com reserves the right to change any and all content contained on this Site at any time without notice.
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
Phoria.com may suspend or terminate this Agreement or a User’s use immediately upon receipt of any notice which alleges that the User has committed fraud or used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Phoria.com may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Phoria.com shall not be liable for damages or results thereof and the User agrees not to bring any action or claim against Phoria.com for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Florida, USA. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by location. By accessing this site, you agree that the statues and laws of the Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.