Terms and Conditions

INTRODUCTION:

This website – https://climaxshops.com (the “Site”) is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "CLIMAX", "climaxshops.com", “Climax Smoke Shop”, "we", "us", and "our" refer to https://climaxshops.com, its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

DISCLAIMER:

All pipes and smoking accessories sold at Climax are intended for legal herb/smoking mixture use by adults (21 years or older) only. Any other use of such products, by minors or for use with controlled substances is prohibited by and may constitute a violation of International, Federal, State, and/or Local laws.

By entering the site, you: (1) signify your assent to CLIMAX Terms and Conditions; (2) verify you are at least 21 years of age; (3) verify all smoking products, pipes, and smoking accessories are sold legally in your County/State/Country; (4) agree to use the products offered herein for legal and intended uses only; (5) verify you are not visiting with any malice towards CLIMAX; (6) by entering this site you are observing any and all local laws & (7) irrevocably waive any and all liability resulting from the purchase and/or use of such products. If you are under age 21 or do not agree, DO NOT USE OUR SERVICE.

U.S. SURGEON GENERAL’S WARNING: Smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy.

As smoking may be hazardous to one’s health, CLIMAX does not advocate smoking by any persons.

FDA DISCLOSURE

Statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease.

HEALTH WARNING:

Products we offer are not intended for pregnant or nursing women, children, adults with health conditions including but not limited to: cardiovascular disease, respiratory disorder, diabetes, alleges to any of the ingredients in the products. CLIMAX is not liable for any expected or unexpected effects and incidents associated with the products.

CBD & HEMP-DERIVED PRODUCTS

Consult a physician before use. Do not combine with alcohol, drugs, medications or any other substance that would affect your neurological system. Do not use if pregnant, nursing, planning to get pregnant, or having any health condition(s). May cause drowsiness. Do not operate a vehicle or heavy machinery. Stop using immediately if any adverse effect occurs. Under age sale and use prohibited. Keep out of reach of children, pets or anyone without responsible cognition. Climax is not responsible for the use or misuse of these products. These products have not been evaluated by the Food and Drug Administration, and are not intended to diagnose, treat, cure or prevent any disease or conditions.

By entering this site you release CLIMAX, affiliates thereof and directly or indirectly associated brands from liability resulting from misuse and/or failure to inform your medical professionals of your use and manner of use.

LITHIUM BATTERY CONTAINING PRODUCTS

Lithium batteries may explode and/or catch a fire due to misuses, including but not limited to: using a wrong charger or cable, continued using wet or damaged batteries, over charging, exposing to extreme temperature, and contacting with metal objects. CLIMAX is not responsible for any potential injury or incidents involving lithium batteries.

CALIFORNIA PROPOSITION 65

Products can expose you to chemicals including nicotine, which is known to the State of California to cause birth defects and other reproductive harm. For more information, go to www.P65Warnings.ca.gov. Products sold on this site are not smoking cessation products and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. Please consult your physician before use. Products on this site may contain Propylene Glycol, Vegetable Glycerin, Nicotine and Flavorings. Products on this site may be poisonous if orally ingested, please keep out of reach of children and pets. Read our terms and conditions page before purchasing.

NICOTINE WARNING

Nicotine is addictive and may be dangerous to your health. Keep out of reach of children and pets. By purchasing you agree to assume all liabilities for any harm or damages that may result in the use of these products.

DISCRIMINATION:

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

PRIVACY:

Please review our Privacy Policy, which also governs your visit to the Site.

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws (US Title 17), and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

INTELLECTUAL PROPERTY INFRINGEMENT:

We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Site;
Your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement. Our claims agent can be contacted at Info@climaxshops.com.

TRADEMARK:

CLIMAX and other marks which may or may not be designated on the Site by a “™”, “®”, “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of CLIMAX, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of CLIMAX. CLIMAX's trademarks and trade dress may not be used in connection with any product or service that is not CLIMAX's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CLIMAX. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CLIMAX.

SITE ACCESS:

You may not download or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CLIMAX or its Associates without our express, prior written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.

LINKS:

We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

DISCLAIMERS AND LIMITATIONS OF LIABILITY:

The Site is provided on an "AS IS," "as available" basis. Neither CLIMAX, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither CLIMAX, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, CLIMAX makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. CLIMAX specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by CLIMAX or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Under no circumstances shall CLIMAX or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to CLIMAX records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of CLIMAX has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.

The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

ONLINE CONDUCT:

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of CLIMAX, its Associates, our users and customers and/or you.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of CLIMAX or any third party. Notwithstanding the foregoing, neither CLIMAX nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither CLIMAX, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.

TERMINATION OF USAGE:

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us.

USAGE BY MINORS:

This Site is not intended for or directed to persons who are minors (typically persons under the age of 21, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (21 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading.

We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 21 years of age or older, depending on where you live.)

TOBACCO AND NICOTINE PRODUCT SALES TO MINORS:

We will not sell tobacco or nicotine related products to anyone who is not of legal age to purchase and use tobacco or nicotine products under applicable law. We cannot be held responsible for minors purchasing tobacco or nicotine related products with a parent or guardian’s credit card. By placing your order for tobacco or a nicotine related product you are confirming that you are of legal age to purchase and use tobacco and nicotine products in the state, country or territory where you are based. We may restrict the purchase of tobacco or nicotine related products in your area.

APPLICABLE LAWS:

If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and CLIMAX and/or its Associates. If you access the Site from anywhere other than the United States or Canada, you agree that United States of America law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and CLIMAX or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of the United States of America.

SITE POLICIES, MODIFICATION & SEVERABILITY:

Please review our other policies, such as our Privacy Policy, Returns Policy, and others, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS ABOUT THESE TERMS AND CONDITIONS:

If you have any questions about these Terms & Conditions, the practices of this site, or your dealings with this site, please contact us at:

info@climaxshops.com.

This document was last updated on May 31st, 2023.