TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site. Upon checkout, customers agree to Terms & Conditions below as well as our Shipping policies and Returns & Warranty policies.
Nimbus Pods is located and operates from Canada. Any customers shopping with us and shipping to countries that are not Canada will be considered as international shoppers. Please ensure that you are aware of the most up-to-date regulations from your country regarding possession, import, export and the use of vaporizer products prior to shopping with us. Additional policies may be included for specific countries that we regularly serve in our Shipping policies and Returns & Warranty policies.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other copyright laws. The collective work includes works that are licensed to Nimbus Pods. Copyright 2020, Nimbus Pods ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nimbus Pods or purchasing Nimbus Pods products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Nimbus Pods or to purchase Nimbus Pods products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nimbus Pods Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Nimbus Pods used in the site are trademarks or registered trademarks of Nimbus Pods.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nimbus Pods disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nimbus Pods does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Nimbus Pods does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Nimbus Pods shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nimbus Pods has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Nimbus Pods product is mistakenly listed at an incorrect price, Nimbus Pods reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nimbus Pods reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nimbus Pods shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nimbus Pods without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Nimbus Pods may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Nimbus Pods.
Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada., 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 this site (including but not limited to the purchase of Nimbus Pods products) shall be in the state or provincial courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nimbus Pods products) must be commenced within one (1) year after the claim or cause of action arises. Nimbus Pods'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. Nimbus Pods may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nimbus Pods or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Nimbus Pods does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nimbus Pods is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nimbus Pods reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nimbus Pods in its sole discretion.
Use of products (vape pods)
Nimbus Pods, Inc. makes NO CLAIMS regarding the effectiveness of our products for any uses.
BY PURCHASING ANY E-LIQUID PRODUCTS ON THIS SITE, YOU AGREE TO USE AT YOUR OWN RISK.
NICOTINE RISK WARNING: This product is intended for use by persons 19 or older, and not by children, women who are pregnant or breast feeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. If you have a demonstrated allergy or sensitivity to nicotine or any combination of inhalants, do not use this product.
Consult your physician before using any nicotine product. This product is sold purely for recreational purposes - it is not a smoking cessation product and has not been tested as such.
NICOTINE IS TOXIC. DO NOT SWALLOW: If swallowed seek medical advice immediately. In case of contact with eyes, rinse immediately with plenty of cold water and seek medical advice.
DO NOT DRINK, SWALLOW, OR PUT ON YOUR TONGUE. ALSO KEEP OUT OF REACH OF CHILDREN. DO NOT ALLOW NICOTINE TO COME IN CONTACT WITH EYES. IN THE EVENT OF GETTING IN YOUR EYES, GET TO A DOCTOR IMMEDIATELY. IT CAN CAUSE SERIOUS IRRITATION AND NEEDS TO BE TREATED IMMEDIATELY.
Irritant and Allergic Reactions: Our E-Liquid blends contain Propylene Glycol (PG) USP GRADE and Vegetable Glycerin which is also USP GRADE and KOSHER. USP GRADE means pharmecutical grade or quality. PG has been associated with irritant and allergic reactions. Consult your physician before using any products with propylene glycol. For more information, contact us.
Nicotine is EXTREMELY addictive and habit forming.
Keep out of reach of children. Some of our products contain nicotine, a chemical known in some states and provinces to cause birth defects or other reproductive harm.
You must be over 19 to purchase equipment and E-Liquid from Nimbus Pods, Inc. Nimbus Pods Inc. products are intended to be used ONLY by consenting, informed ADULTS OVER THE AGE OF 19 who want to use these products for personal enjoyment. We do not believe anyone under the age of 19 should have access to nicotine or nicotine products.
Not FDA or HC Evaluated: Electronic cigarettes have NOT been evaluated by the FDA or Health Canada to treat or diagnose any disease or condition. They are not intended for use in smoking cessation or for any therapeutic use.
Electronic cigarettes have NOT been evaluated for use in quitting smoking. You must be over the legal age in your state to buy or use this product.
Use of products (Hardware)
Some of our products may require the use of batteries, whether purchased from Nimbus Pods, or elsewhere. You agree to indemnify, defend, and hold harmless Nimbus Pods, Inc., its officers, directors, employees, agents, licensers and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any malfunctions, injuries, and anything else that may result from the use of battery powered devices.
Certain products may have specific disclaimers regarding additional information which include ineligibility for product exchanges/refunds due to specific conditions. Please make sure you read all product disclaimers prior to purchasing any items from our website. During checkout, when agreeing to our Terms and Conditions, you are confirming that you have read and understood any and all disclaimers specifically shown in the "Disclaimer" section of the product page.
You agree to indemnify, defend, and hold harmless Nimbus Pods, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, injuries, illnesses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Nimbus Pods may link to sites operated by third parties. However, even if the third party is affiliated with Nimbus Pods, Nimbus Pods has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nimbus Pods. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nimbus Pods seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).