TERMS AND POLICIES
WARNING: THIS PRODUCT CONTAINS NICOTINE, A CHEMICAL KNOWN TO THE STATE OF CALIFORNIA TO CAUSE DEVELOPMENTAL REPRODUCTIVE TOXICITY. NICOTINE IS A POISON, USE NICOTINE PRODUCTS AT YOUR OWN RISK.
Do not use any other nicotine products including, patches, gum, cigarettes or chewing tobacco while you use this product because of the risk of nicotine overdose. Women who are pregnant, nursing or may become pregnant should not use products containing nicotine due to suspected of damage to fertility or the unborn child. Ask your doctor or pharmacist before using any medicine, including over-the-counter medicines, vitamins and herbal products.
Product may be harmful or fatal if swallowed or absorbed through the skin. Repeated or prolonged exposure to nicotine may produce damage to central nervous system, gastro-intestinal system, nervous system, upper respiratory tract, and general deterioration of health by an accumulation in one or many human organs. May cause severe eye, skin, and digestive tract irritation with abdominal pain, nausea, vomiting and diarrhea. Use of products containing nicotine may cause tremors, convulsions, adverse effects of the musculature, cardiac disturbances, pneumonia, disorientation, seizure, hypotension, muscle paralysis, respiratory failure, congestive heart failure, and possible death. If burned, this product may produce carbon monoxide, formaldehyde and/or carbon dioxide.
RISK OF LOSS
All items purchased from Baton are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
As our products contain food grade ingredients, we do not allow returns or refunds at this time. While we hope to please all our customers, taste is subjective, and we cannot guarantee your satisfaction.
In some cases, Vertigo Vapor LLC, d.b.a Baton, may email you to inform you of important and/or critical issues related to our products. These may include promotional offers and sales. We value and respect your privacy and will never release or sell your information to third parties.
Baton attempts to be as accurate as possible. However, Baton does not warrant that product descriptions or other content of any Baton site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PRODUCTS PROVIDED BY BATON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BATON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU PURCHASE AND USE BATON PRODUCTS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BATON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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.
Any dispute or claim relating in any way to any products or services sold or distributed by BATON will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Policies as a court would.
To begin an arbitration proceeding, you must send a letter via certified mail requesting arbitration and describing your claim to our registered agent:
14609 NE 91st Street
Redmond, WA, 98052
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Baton will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
CHOICE OF LAW
By consenting to this agreement, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and Policies and any dispute of any sort that might arise between you and BATON.
HEADINGS, SEVERABILITY AND MERGER
The headings in these Terms and Policies are inserted for convenience only and shall not affect the interpretations of these Terms and Policies.
We reserve the right to make changes to our site, policies, and these Terms and Policies at any time. If any of these conditions shall be deemed invalid, void, illegal, or for any reason unenforceable to any extent that condition shall be deemed severable and the remainder of these Terms and Policies, and the application thereof, shall not be affected and shall be enforceable to the fullest extent permitted by law.
This agreement represents the entire agreement of the parties and supersedes all previous understandings and agreements between the parties whether oral or written.
The products sold by Vertigo Vapor LLC, d.b.a Baton are intended for those 18 years of age or older. Underage purchase of Baton products is strictly forbidden and can result in severe consequences. By purchasing Baton products, you agree that Baton cannot be held responsible or liable for damages, both mentally and physically, to your well-being. Products sold by Baton are not intended for use by children, women who are pregnant, or by those who are at risk of heart disease, high blood pressure, diabetes, or are taking medication for depression or asthma. Nicotine is addictive and habit forming. If you are unsure if vaping is right for you, please consult a licensed physician.
BY PROCEEDING, YOU HEREBY ACKNOWLEDGE, REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18 AND HAVE READ AND AGREE TO THE TERMS AND POLICIES OUTLINED ABOVE