Terms And Conditions

ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms and Conditions" or "Agreement") apply to all: (a) transactions between you and E2 Distribution, Inc. ("E2") all transactions through the www.getsmokelessnow.com website and all other websites owned and operated by E2, including, but not limited to, your purchase of E2 products, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content").

YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT WEBSITE, OR CONTENT, RETURN THE PRODUCTS YOU RECEIVED IMMEDIATELY AND CALL CUSTOMER SERVICE TO CANCEL YOUR MEMBERSHIP.

This Agreement may be updated from time to time. Online customers should check the Product Websites regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Products, Product Websites, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.

ARBITRATION
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR CHILDREN) AND E2, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU (NOR ANY OF YOUR MINOR CHILDREN) NOR E2 SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

MODIFICATION OF PRODUCTS
E2 may, at its discretion, modify or discontinue any of the Products, Programs Product Websites or Content, or any portion thereof, with or without notice. You agree that E2 will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Products, Programs, Product Websites or Content.

NOTICE OF PROSECUTION
For online customers, access to and use of Products, Program(s), or Product Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product Websites may be subject to prosecution. Failure to comply with the E2 Terms and Conditions can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains any E2 product(s) or program(s) under false pretenses may face criminal prosecution.

USE OF THE PRODUCTS
In consideration of your order of, access to, and/or use of any Product(s), Program(s) Product Website, and/or Content you agree to provide true, accurate, complete and current information about yourself and anyone you are enrolling, or have enrolled, in any Product or Program(s) when prompted to do so by the registration and application forms or requested to do so by E2. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if E2 has reasonable grounds to suspect that such information is untrue, inaccurate or not current, E2, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Program(s), Product Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Program(s) Product Website and/or Content, or suspend
or terminate any portion thereof. Further, you agree that E2 will not be liable to you, or any third party if E2 suspends or terminates your order of, use of, or access to any Product, Program(s) Product Websites or Content, or any portion thereof, for any reason.

SECURITY MEASURES AND AUTHENTICATION
Because E2 uses security measures designed to protect your privacy and to safeguard your information, E2 may only see address provided while ordering product(s). If you are not able to access your mail at that location, E2 is not held liable for undeliverable mail.

PERSONAL INFORMATION
E2 may use your personal information to the extent necessary to process your order and/or engage in business maintenance.

REVIEW AND RECEIPT OF PRIVACY NOTICE
By submitting your order, you acknowledge receipt of our Privacy Notice and agree to its terms.

NO WARRANTY BY E2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCTS, PROGRAMS, PRODUCT WEBSITES AND CONTENT IS AT YOUR SOLE RISK. ALL PRODUCTS, PROGRAMS, PRODUCT WEBSITES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. E2 AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES (OTHER THAN THE "STAY SMOKELESS SATISFACTION GUARANTEE" OR THE “14 DAY MONEY BACK SATISFACTION GUARANTEE” DESCRIBED WITHIN THESE TERMS AND CONDITIONS) AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE PRODUCTS, PRODUCT WEBSITES, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM E2 DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING MEDICAL ANY OR OTHER PROFESSIONAL ADVICE. OTHER THAN TO THE EXTENT MADE IN THE "STAY SMOKELESS SATISFACTION
GUARANTEE" OR THE “7 DAY MONEY BACK SATISFACTION GUARANTEE” DESCRIBED WITHIN THESE TERMS AND CONDITIONS, E2 MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS PROGRAMS OR CONTENT WILL BE RELIABLE.

LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT E2 WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE PRODUCTS, PROGRAMS, PRODUCT WEBSITES, CONTENT OR MEMBERSHIP BENEFITS, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEB SITE (IF APPLICABLE), EVEN IF E2 HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.
IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON E2, THEN YOU AGREE THAT E2'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM E2'S ACTS ERRORS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO E2 FOR THE PRODUCT(S) OR PROGRAMS(S) YOU PURCHASE FROM E2 (EXCEPT TO THE
EXTENT THAT AMOUNTS MAY BE RECOVERABLE IN ACCORDANCE WITH THE TERMS OF THE "STAY SMOKELESS PRODUCT EXCHANGE GUARANTEE" OR THE “7 DAY MONEY BACK SATISFACTION GUARANTEE” DESCRIBED WITHIN THESE TERMS AND CONDITIONS).

REGISTERING FOR ANY PRODUCT
To purchase any Product(s) or Programs(s), you must have a valid credit or debit card, or Pay Pal account within the United States, provide a valid purchase information, address, email address and agree to be bound by these Terms and Conditions. In other limited circumstances, you may need to provide a valid telephone number so that E2 can process your order. You must provide valid credit card information. E2 will then process and complete your order.

ADDITIONAL TERMS AND CONDITIONS

E2 Starter Kit: The initial fee for an E2 Starter Kit will be billed immediately to the credit card or other billing source authorized by you. E2 will not charge any additional fees, or ship any additional products at any time in the future without a separate order.

FRAUD - ADDITIONAL TERMS AND CONDITIONS
(Applicable for ALL E2 products.) You acknowledge, confirm, and agree that you are in fact authorized to use, or have permission from the authorized user to use the method of payment in which you are using to make this purchase. If you are not an an authorized user or do not have permission from the authorized user of the method of payment in which you are using to make this purchase, then by law this purchase is considered to be theft and is punishable by law. By reading this statement you acknowledge, confirm, and agree that your purchase is lawful, and you acknowledge, confirm, and agree that E2 does have permission to provide to the authorities any and all information needed for investigation and/or prosecution of theft.

E2 is not obligated or responsible for providing assistance for any request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) losses, damages or expenses that were incurred or commenced prior to the membership, or (f) theft or damages of
traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.

Reservation of Rights: E2, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any assistance request, including making contact by telephone, email, US Postal Service or otherwise, any service provider or related party it deems necessary, at its sole and absolute discretion and expense, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your assistance request. E2 reserves the right to request that you provide corroborating evidence of the unauthorized
transaction, Identity Theft or other facts related to your assistance request, including a signed affidavit, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. Further, E2 reserves the right to refuse any assistance request or provide any assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to the Identity Theft.

HOW TO REQUEST REFUND: To request reimbursement under the E2 Product Guarantee, you must contact our Customer Service Department Monday-Friday, 9:00 a.m. to 5:00 p.m., Pacific Time at 1-877-731-9991 or send an email to returns@getsmokelessnow.com to obtain refund transaction number. Once you have received your refund transaction refund number, simply mail your product to PO Box 3040 Chandler Arizona 85233-3040. Once your product has been received your refund will post to the account in which the product was purchased within 30 days. Refunds are only given during the first ten days after your purchase and are only credited onto the same method of payment in which the intial purchase was made. After that ten day period, E2 will only exchange its malfunctioning products.

REFUND/EXCHANGE ELIGABILITY: All E2 products are backed with a Satisfaction Guarantee. Your E2 Starter Kit is Guaranteed for the life of your membership in the E2 Stay Smokeless Auto Ship Program. If at any time during your membership in the E2 Stay Smokeless Auto Ship Program, your E2 starter kit or any of its components no longer functions, simply call customer service at 1-877-731-9991 to receive instructions on exchange of your E2 product.

TRADEMARKS
You acknowledge and agree that E2's name, E2's Logo, Page Headers and other getsmokelessnow.com terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of E2 (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. E2 Marks may not be used in connection with any product or service that is not E2's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits E2. All other trademarks, product names, or logos not owned by E2 that appear on this Product Website
are the property of their respective owners.

COPYRIGHTS
All Content included on this Product Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of E2 or its suppliers and is protected by United States and international copyrights laws.

ENTIRE AGREEMENT
These Terms and Conditions, the Privacy Policy, and other policies E2 may post constitute the entire Agreement between E2 and you in connection with your use of the Product Websites (if applicable), the Products, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. E2 may update these Terms and Conditions from time to time by posting revised Terms and Conditions on the Product Websites, or by mailing an updated copy to the most recent address you have provided to E2, without notice to you, and your subsequent use of the Products, Product Web Sites, and/or Content is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by E2. In the event of termination, the Intellectual Property,
Disclaimers, and Limitations of Liability provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Product Websites or otherwise, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.