Terms and Conditions

Last Modified & Effective Date: September 06, 2022

Mr. Purple – Terms of Offer

Welcome to mr-purple.com – In visiting this website, you agree to accept the following terms and conditions of Mr. Purple Inc. (hereafter referred to as “Mr. Purple”). Please read each section carefully. To fully understand the conditions and business practices of Mr Purple and your guidelines for conducting business with us, please review our Privacy Notice.

If we make any changes to these terms and conditions we will notify you by posting a notice on this site. By placing any subsequent orders, you will be accepting the changed terms and conditions.

Mr Purple’s electronic cigarette products are intended for use exclusively by adult smokers and in no way ever intended for use by pregnant women or those who have nicotine sensitivities. Nicotine, as it is commonly known, is a highly addictive substance and may possess unknown health dangers. Mr. Purple’s electronic cigarettes are not intended for use as smoking cessation devices; they are merely alternatives for those who wish to use smoke-free, tobacco-free devices that provide utmost pleasure.

SURGEON GENERAL’S WARNING:

Smoking is Known to Cause Lung Cancer, Heart Disease, Emphysema, And May Complicate Pregnancy.

Warning: CONTAINS LIQUID NICOTINE – KEEP OUT OF REACH OF CHILDREN. YOU MUST BE OVER 21 YEARS OF AGE AND OF THE LEGAL AGE IN YOUR JURISDICTION TO BUY AND OR USE ANY Mr. Purple PRODUCT. Nicotine is a highly addictive substance derived from the tobacco plant. Our products do not treat, diagnose, or cure any disease, physical ailment, or condition. If you are allergic to nicotine or any combination of inhalants, if you are pregnant or breastfeeding, or if you have a heart condition, diabetes, high blood pressure, or asthma, consult your physician before using Mr. Purple nicotine products. Just like traditional tobacco cigarettes, Mr. Purple Electronic Cigarettes are not approved by the American FDA. California residents: WARNING: Use of this product can expose you to (a) chemicals, including nicotine, known to the State of California to cause birth defects or other reproductive harm, and (b) chemicals, including formaldehyde and acetaldehyde, known to the State of California to cause cancer. Mr. Purple devices are not intended to administer medicinal or illegal products of any kind and doing so voids the warranty. The manufacturer is not responsible for any damage or personal injury caused by inappropriate, incorrect, or irresponsible use of our products. We reserve the right to change specifications, product descriptions, product quality, pricing, and application at any time without prior written or oral notice.

Nicotine liquid is harmful when it comes in direct contact with the skin. Should this occur, the area of the skin should be washed immediately upon contact with soap and water. Should the nicotine liquid get swallowed or placed in the mouth at all, immediately seek medical attention due to the risk of nicotine poisoning. Stay smart; stay safe!

Mr. Purple – Terms of Offer

So we are always on the same page, and you are fully aware of all of our policies, and how everything gets done around here, these are the Terms & Conditions of doing business with us. By placing orders through this website, you are agreeing to the Terms & Conditions we have set below. We strongly encourage you to read through these terms carefully before placing an order, and it is also in your very best interest to print a copy so that it may always be handy in your records for any future referencing, or if you are just in need of stimulating reading material. Please also see our Privacy Policy so that you are in the know about how we protect and use the personal information you provide, which is incorporated herein by reference. OUR PRODUCTS MAY NOT BE PURCHASED IF YOU CURRENTLY RESIDE IN THE STATE OF OREGON. OUR APOLOGIES, BUT RULES AND RED TAPE ARE NOT TO BE BROKEN.

Health Disclaimer

Statements made on this site, or any of the materials, products, e-liquids, or devices distributed or sold by mr-purple.com has not been evaluated by the Food and Drug Administration. These products are not intended in any way to help users to stop smoking. They do not stop smoking devices, cessation devices, or made to assist in quitting smoking. They have not been made with the intention to diagnose, treat, cure, or prevent any disease known to modern medicine. If you are pregnant, nursing, taking medications, or have a history of heart conditions, we highly suggest you go with the intelligent course of action and consult a physician or official medical professional before using any of our products.

Content Disclaimer

Industry News Powered by Mr. Purple provides timely reporting and analysis of the vapour industry’s most current news, events, and innovations. All stories aim to be objectively journalistic in nature and do not specifically promote Mr. Purple’s products or services.

The Mr. Purple Blog is a separate resource on the subjects of vaping and electronic cigarettes that may contain promotional materials or references. Content contained therein may include (but is not limited to) how-to articles, vape tips/tricks, seasonal product updates, opinion pieces, and general information. Any opinions published belong to the individual authors and do not reflect the viewpoints or policies of Mr. Purple and its employees.

Information published on mr-purple.com is NOT medical advice nor should it be used in lieu of any advice provided by a licensed medical professional or health care provider. Likewise, this website does not provide legal counsel or legal advice.

All content is for informational use only by adults of legal vaping age. While the timeliness and accuracy of all information found on this website are routinely checked, its accuracy or completeness cannot be guaranteed. Mr. Purple does not accept any legal responsibility or liability for any of the content contained on this website.

*Home Delivery Program

If you enrol in the Home Delivery Program, you will be billed accordingly to the number of refills you have requested when you signed up, plus shipping and handling to receive a fresh supply of Mr. Purple’s e-liquid and/or cartridge refills for as long as you choose to stay a member of the Mr. Purple Home Delivery. The credit card you provided when you set up your membership will be automatically billed for these charges, as stated when you signed up. To cancel future shipments in the Home Delivery, you must contact us HERE at least 1 business day prior to the date that your next monthly delivery will ship. Our customer service center is open Mon-Fri: 8 am – 6 pm EST

Regular Purchases

The price of our products may vary, and you can expect that they will be disclosed adjacent to the Product on the Website. You can expect that your credit card will be billed for this amount on the date your order is placed, and it will appear as a separate transaction on your billing statement. Please understand that you manifest YOUR AGREEMENT to ordering any of our products as well as to this immediate charge by clicking any button containing the words of confirmation including ‘Submit’ ‘Confirm my Order’ ‘Confirm This Purchase’ ‘Yes Please’, ‘I Agree’, ‘Rush My Order’, or similar syntax, whether You have read these terms or not.

Sales Tax

Most purchases are subject to sales tax; expect to see it charged on your order total. Should you purchase any products available on the Mr. Purple Website, you are explicitly responsible for paying any of the applicable sales tax indicated on the Website.

Fraud

We reserve the right, to actively report and/ or prosecute actual and suspected credit card fraud. Should there be a need to, it is at our discretion to require you to provide additional authorization from you such as telephone confirmation of your order, and possibly other information as well. We also reserve the right to cancel, delay, refuse the shipment of, or recall from the shipper any order we suspect is fraudulent. During the ordering process, we capture certain information, and this includes the date, time, IP address, and other information that is used to locate and identify individuals who are committing fraud. Should any order through our website be suspected of fraud, we reserve the right, though we undertake no obligation, to present all records, with or without a subpoena, to all necessary law enforcement agencies as well as to the credit card company for the investigation of fraud. We also reserve the right to cooperate with the authorities to prosecute offenders to the fullest extent of the law.

The Delivery Confirmation Policy

You agree that any delivery confirmation (and that includes those that do not warrant a signature) provided by the shipping provider you have selected is deemed sufficient as proof of delivery to you as the credit card holder responsible for this transaction.

Cancellation of Future Deliveries of Mr. Purple Products

You are always free to cancel or modify any future deliveries of Mr. Purple refill products. In order to do so, You must contact our Customer Service Department HERE and we are available Mon-Fri: 8 am – 6 pm EST. You will, however, be responsible for payment of any products that have either already been shipped to you or have been delivered at the time of your call.

The Return Policy

No getting around it; all items must be returned within a period of 30 days of order or billing.

Shipping and handling charges as well as other additional charges are non-refundable.

We strictly DO NOT accept CODs or third-party billing for merchandise that has been returned.

Should you receive any products that have arrived at you upon delivery bearing extensive damage, you must reach out to a Customer Case Representative immediately HERE.

In order to be considered for reimbursement, you must do the following:

Contact our Customer Service Department HERE and within a period of 30 days from the purchase (product issues not declared during this 30-day window are not entitled to a refund).

For safety reasons, we cannot accept any returns on bottled e-liquids that have been opened. In some cases, we’re able to allow returns on some e-liquids that are unopened, sealed, and able to be restocked.

We do not, and will not accept returns, or issue refunds for packages that are marked “return to sender” or “refused.” If you return a package, we highly suggest you get poof of the shipment, for records and, well, proof should anything go wrong.

Once a return is received by our shipping department, it takes generally between 5-10 business days for the processing of refunds. Once a return is processed, it is possible for it takes up to one billing cycle for this return to be posted to your account, depending on your financial institution.

As stated prior, shipping and handling charges are non-refundable.

Website Terms of Use

The Terms of Use (‘Agreement’) serves as a legally binding agreement made by and between Mr. Purple (‘we’ or ‘us’) and you, personally and, if applicable, on behalf of any entity for whom you may be using this web site (collectively, ‘you’). This Agreement governs your usage of the website owned by Mr. Purple where it appears (‘Web Site’) and the services we offer on this Web Site (‘Services’), so for your own personal benefit, please read it carefully. Your use of the Web Site is also governed by our Privacy Policy, which is incorporated into and made a part of this Agreement.

BY USING OR ACCESSING ANY PART OF THIS WEBSITE, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE NOT IN AGREEMENT WITH BEING BOUND, SIMPLY DO NOT ACCESS OR USE THIS WEBSITE.

PLEASE BE AWARE THAT INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS ARE SUBJECT TO FREQUENT CHANGES. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISIONS OF THIS AGREEMENT THAT MAY BE PUBLISHED ON THIS WEBSITE.

Terms of Using the Web Site.

(a) Eligibility. With the exceptions expressed below, Services are to be used only by, and Membership is limited to, only those individuals who can form legitimate, legally binding contracts under applicable law. This goes without limitation, as minors are strictly prohibited from becoming Mr. Purple Members and, except as specifically stated below, using our fee-based Services. Mr. Purple Membership is defined by engaging in and completing a purchase agreement with Mr. Purple wherein you, the consumer purchase one of the products found on the Web Site.

(b) Compliance. Simply put; you must comply with all terms and conditions of this Agreement, all of the policies referenced below, and all of the necessary applicable laws, regulations, and rules when you use the Web Site.

(c) License and Restrictions. You are hereby granted a limited, non-exclusive right to use any of the content and materials on this Website in the normal course of your use of the Website for your own non-commercial purposes, subject to the terms and conditions of this Agreement. You are not free to use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. Mr. Purple and its licensors will retain all ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You have no right to copy, use, perform, display, or create derivative works from, transmit, distribute, have distributed, or sublicense from materials or content available on the Web Site, except as expressly set forth in this Agreement. You may not attempt to reverse engineer any of the technology used to provide the Services.

(d) Prohibited Conduct. When using this Mr. Purple Website and Services, you are prohibited from (i) infringing any patent, copyright, right of publicity, trademark, trade secret, or any other right of any party; (ii) defaming, abusing, harassing, stalking and individual, or disrupt or interfere with the security or use of the Services, this Website, or any of the websites linked to this Website; (iii) interfering or damaging this Website or Services which include without limitation, the use of viruses, Trojan horses, cancel bots, flood pings, harmful code, packet or IP spoofing, denial of attacks, forged routing or electronic mail address information or similar methods of technology used in a malignant manner; (iv) attempting to use another person’s user account, impersonating another entity or person, misrepresentation of your affiliation with another entity or person, and this includes, without limitation, the Website or the creation of a false identity; (v) attempting to obtain unauthorized access to this Website or portions of the Website that are restricted from general access; (vi) engaging, whether in a direct or indirect manner, in the transmission of “spam,” junk mail, chain letters, or any other type of unsolicited solicitation or material; (vii) collecting, manually or through an electronic and/or automatic process, information regarding any other user(s) without their express consent, or other information relating to the Website or the Services; (viii) using any meta tags, or any other “hidden text” that may utilize the Mr. Purple name, any trademarks, or product names; (ix) advertising, offering to sell, or the selling of any goods or services, except as it may be expressly permitted by the Website; (x) engaging in any activity that may interfere with any third party’s ability to use or enjoy the Website or Services; or (xi) assisting any third party that may be engaging in any of these activities prohibited by this Agreement.

(e) Electric Communications. Anytime you send Mr. Purple an e-mail or log in to our website at mr-purple.com, you are communicating with us in an electric format. This gives Mr. Purple, the permission to communicate back to you in the same electric format, either by e-mail or by 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 Mr. Purple satisfies all legal notification requirements.

(f) Other Users. If for some reason, you become aware of any conduct that is in violation of this Agreement, we strongly encourage you to contact our Customer Service department immediately. We reserve the right but hold no obligation to respond to such communications.

Your Content

(a) License. When you choose to post, store, or transmit any content or information on or to the Website, you are hereby granting us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable, right and license to use, display, copy, perform, intentionally create derivative works from, transmit, distribute, have distributed, and sublicense such content in any form, in any form of media currently used/ known or hereinafter created, anywhere in the world it may occur. You are hereby irrevocably waiving any claims that may be made based on moral rights or similar theories if any truly exist.

(b) Objectionable Content. As an adult, legally able to use this Website, you are solely responsible for your interactions with other users of the site and any of the content you create and post. Mr. Purple will not be held liable for any of the damage or harm that occurs as a result of any content you create, or those which may occur as a result of your interactions with other users of the Website. We reserve the right, but are not obligated in any way, to monitor the actions of users; you as well as others, including interactions, on the Website. We reserve the right to restrict access, restrict the availability, or take any action we deem necessary in controlling materials that we or other users of the Website consider to be lewd, lascivious, obscene, filthy, excessively violent, harassing, or in any way otherwise objectionable (and this includes without limitation because it violates this Agreement).

Accuracy of Information

We attempt to ensure that all information provided on this Website is accurate and complete, however, it is possible that this information may contain irregularities such as typographical errors, pricing errors, and other inaccuracies or errors. We assume no responsibility for these errors and omissions, and we reserve the right to (i) revoke any offer that has been stated on the Website; (ii) correct any of these inaccuracies, errors, or omissions; and (iii) make any necessary revisions or changes to prices, content, promotions, descriptions of product or specifications, or any other type of information on the Website.

Copyright

All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, and data compilations, are protected by the United States, European Union, 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 Mr. Purple. 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 Mr. Purple publication for any public, private, or commercial purpose.

Intellectual Property Rights

(a) Copyright. Our Copyrighted material cannot be used without permission. All of the design, logos, graphics, text, other files, and the selection and arrangement thereof are either owned exclusively by us (Copyrighted) or are the property of our suppliers, licensors, or other companies.

(b) Trademarks. Mr. Purple is a trading name, and its related design marks and other trademarks on the Website are strictly owned by us. Custom graphics, page headers, button icons, scripts, and anything graphically designed with our name or image are trademarks or trade dresses we own. You may not use any of such trademarks, trade dress, or trade names without our express written permission.

Third-Party Websites

mr-purple.com may contain links to other websites on the Internet owned and operated by third parties. We have no control over the information, services, or products available on these third-party sites. The inclusion of links to these sites is not meant to imply our endorsement of the website, or any association with the website owners/ operators. Because we maintain no control over such websites and resources, you are in agreement that we are not responsible or liable in any way for the availability or the operations of these external websites. We are not responsible or liable for any material located on or available on these websites for the protection of your data by third parties; once you leave our site we cannot guarantee the protection or safety of information elsewhere. Should you participate or have dealings with any in a way, participation in promotions offered by advertisers on the Website, and this includes the payment and delivery of these goods or services, and any other terms, conditions, warranties, or representations associated with these dealings and/or promotions, such interactions are between you and the applicable advertiser/ third party. You are agreeing that we shall not be responsible or whatsoever liable, directly or indirectly, for any loss or damages caused by the usage or reliance on any such material available on or through any site or dealings or promotions.

Linking and Framing

You may not deep link to portions of the Mr. Purple Website, frame, inline link, or similarly display any of our property, which includes without limitation, the Website. You are prohibited from using any of our logos or trademarks as part of a link without our express written permission.

Comments

Should you choose to comment or leave feedback, suggestions, ideas, or other disclosed submissions you submit or offer to us in connection with your use of the Website becomes our property. Such disclosure, submissions, or offering of suggestions or comments constitutes an assignment to us of all worldwide rights, title, and interest in all patent, copyright, trademark, and all other forms of intellectual property and all other rights whatsoever in and to the Comments and a waiver of any such claim based on moral right, unfair competition, breach of implied contract, breach of confidentiality, and any other type of legal theory (obscure or otherwise). At our cost, you will execute any documents to affect, record, or perfect such an assignment. Therefore, we will own exclusively all rights, titles, and interests, and we shall not be limited in any way towards the manner in which we use these Comments; commercial or otherwise. If you are opposed to assigning us any such rights over Comments you make, you should not submit any Comments on the Website.

We are, and will be under no obligations to (i) to maintain any Comments in confidence; (ii) to pay you, or any third party any type of compensation for Comments made on our Website;(iii) to address or respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

Indemnification

You agree that you will defend, indemnify, and hold Mr. Purple and its subsidiaries, affiliates and their directors, agents, members, officers, shareholders, co-branders, or other partners, employees, and Ad partners harmless from any sort of liabilities, actions, losses, damages, demands, or claims, including reasonable attorneys’ fees, expenses and costs, made by any third party directly or indirectly which relate or arise from (a) content you have provided to the Website or transmit, or may obtain through the Service, (b) you usage of the Service, (c) any connection you may have to the Service. (d) the violation of this Agreement on your part, (e) the violation of the rights of another, or (f) your failure to perform your obligations hereunder. If you incur an obligation to provide indemnification pursuant to this provision, we hold the ability to, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not compromise, settle, or in any other sort of manner dispose of any Claim without our expressed consent.

Disclaimers, Exclusions, and Limitations

(a) DISCLAIMER OF WARRANTIES. Mr. Purple SUPPLIES THE WEBSITE, PRODUCTS, AND SERVICES ON A STRICTLY ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE ABSOLUTELY DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, SERVICES, ITS PARTICULAR USE, OR ANY INFORMATION CONTAINED ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE ENTIRELY PERFECT; FREE OF DEFECTS, ERRORS, OR INACCURACIES, (III) WILL PRECISELY OR EXPLICITLY MEET YOUR PERSONAL STANDARDS OR REQUIREMENTS, OR (IV) WILL OPERATE PERFECTLY IN THE CONFIGURATION OR WITH OTHER HARDWARE/ SOFTWARE YOU ARE USING. WE MAKE NO WARRANTIES OTHER THAN THOSE WHICH HAVE BEEN EXPRESSED IN THIS AGREEMENT, AND HEREBY WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, ESPECIALLY THOSE WHICH INCLUDE WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY AS WELL AS NON-INFRINGEMENT.

(b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS. WE WISH TO INFORM YOU THAT THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT CAN REFLECT OUR CURRENT EXPECTATIONS REGARDING ANY FUTURE EVENTS AND FUTURE BUSINESS DEVELOPMENT. BE IT KNOWN THAT FORWARD-LOOKING STATEMENTS DO INVOLVE A CERTAIN AMOUNT OF RISKS AND UNCERTAINTIES? ACTUAL DEVELOPMENTS OR RESULTS HAVE THE POSSIBILITY OF DIFFERING MATERIALLY FROM THOSE WHICH WERE PROJECTED AND IT ALL DEPENDS ON A NUMBER OF VARIABLE FACTORS, MANY OF WHICH ARE OUTSIDE OF OUR CONTROL.

(c) HEALTH-RELATED INFORMATION. ON THE WEBSITE WE PROVIDE MATERIAL FOR INFORMATIONAL PURPOSES STRICTLY. NONE OF THIS CONTENT IS MEANT TO SUBSTITUTE THE EXPERT ADVICE OF DOCTORS OR OTHER HEALTH CARE PROFESSIONALS. NONE OF THE INFORMATION ON, OR AVAILABLE THROUGH THIS WEBSITE IS INTENDED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITIONS. IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THIS AGREEMENT, PRODUCT INFORMATION, AND INSTRUCTION PRIOR TO USE.

(d) PRODUCTS. ALL Mr. Purple PRODUCTS SOLD ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, SUPPLIERS, AND DISTRIBUTORS, IF ANY, PROVIDED IN THE PACKAGING OF THE PRODUCT. TO THE FULLEST EXTENT OF THE LAW WHICH IS PERMISSIBLE, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER THEY ARE EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY TYPE OF IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A SPECIFIC PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL USE, MISUSE, ABUSE, NON-Mr. Purple MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR ANY TYPE OF OF MISAPPROPRIATION.

(e) EXCLUSION OF DAMAGES. Mr. Purple WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT ANY LIMITATION, DAMAGES WHICH MAY RELATE TO LOST PROFITS, LOSS OF DATA, OR GOODWILL) ARISING FROM, RELATING TO OR IN CONNECTION WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION IN WHICH THEY ARE BASED, INCLUDING IF THE USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

Force Majeure

In the event of a force majeure, deeming the Website unable to provide the Products, you acknowledge and understand that Mr. Purple will not be breaching any portion of its obligation towards You under this Agreement. A force majeure event is one that occurs and extends beyond the control of Mr. Purple. FOR THE RECORD: THE WEBSITE SHALL HAVE NO LIABILITY TO YOU, WHETHER IT BE IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, OR ANY OTHER METHOD OF LIABILITY FOR FAILURE TO PERFORM ANY OBLIGATIONS IN ACCORDANCE WITH THIS AGREEMENT TO THE EXTENT THAT ANY SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.

Domestic Usage; Exportation Restriction

This Web Site is controlled by offices within the United States of America, the European Union, and the United Kingdom. We make absolutely no representation that this Website or any of its content (which includes without limitation, any services or products available through or on this Website) are appropriate or openly available for use in other locations. For users accessing the Website outside of the territories above, this action is done on their own personal initiative and they hold all responsibility for complying with local laws, wherever applicable. In addition, the export control laws of the United States, EU, and the UK prohibit the exportation of certain technical data and software to certain territories. No portion of the content from this Website may be downloaded as it violates United States, EU, and UK law.

Waiver of Class-Action Rights

BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHTS YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR ANY SIMILAR PROCEDURAL DEVICE. ANY CLAIMS WHICH MAY ARISE AS A RESULT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Limitation of Actions

You acknowledge as well as agree that, regardless of any statute or law of the contrary, any claim or cause of action you have arising from, in relation to, or in connection with your usage of the Website, must be filed within a period of one calendar year after such claim or the cause of action arises, or it shall be forever be barred.

Modification of Terms of Use

We reserve the right to modify, alter, or change these Terms of Use at any time at our own discretion, and your continued usage of this Website will be conditioned upon the Terms of Use in force at the time you have used the Website. You retain the freedom to check the most current version of the Terms of Use on this page, and it is suggested you do so periodically.

Termination

We possess the right to terminate your access to the Website if for any reason we believe you have breached any of the terms and conditions of this Agreement. Following termination, you will be strictly prohibited from using this Website and we may, at our own discretion, cancel any outstanding Product Orders. Should your access to this website be terminated, we reserve the right to exercise any means which we deem necessary to prevent unauthorized access to the Website, and this includes though it is not limited to, technological barriers, IP mapping, and additionally direct contact with your Internet Service Provider. This Agreement will serve indefinitely unless and should we decide to terminate it, regardless of whether any account you open is terminated by yourself or Mr. Purple, or if you hold the right to access and use the Website.

Integration

This Agreement contains the entire understanding between yourself and Mr. Purple regarding all usage of this Website, and it supersedes all prior and contemporaneous agreements and any understandings between yourself and Mr. Purple relating thereto.

Disputes

Any dispute relating in any way to your visit to mr-purple.com or to products you purchase through mr-purple.com shall be submitted to confidential arbitration in the State of Wyoming, except that, to the extent you have in any manner violated or threatened to violate Mr. Purple’s intellectual property rights, Mr. Purple may seek injunctive or other appropriate relief in any state or federal court in the State of Wyoming, 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.

Changes to Terms of Use

Mr. Purple reserves the right, at our discretion, to modify, add, change, or remove any portion of this Agreement and any other policies and agreements that may relate to the Website at any time and in any such manner, without any prior notice to you. You are bound by such revisions, and it is your inherent responsibility to periodically visit this Terms of Use page to determine the current Terms of Use to which you are then bound. You are able to review the most current version of this Agreement at any given time by clicking on the ‘Terms of Use hyperlink located at the bottom portion of the pages on the Website. By using this Website, you indicate your acceptance of this Agreement. Your usage of the Website after changes occur indicates your assent to being bound by this Agreement as well as the Privacy Policy as they exist at that time.

Should you have any questions, concerns, or comments regarding our Terms & conditions, please do not hesitate to e-mail us at support@mr-purple.mountainsbreath.com