These Terms were last updated on February 10, 2011

1. IMPORTANT DISCLAIMER

IF YOU ARE UNDER THE AGE OF 18 (OR UNDER THE AGE OF 19 AND YOU LIVE IN ALABAMA, ALASKA, NEW JERSEY, UTAH AND NEW YORK) PLEASE LEAVE THIS SITE IMMEDIATELY. BY ENTERING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR 19 IN THOSE JURISDICTIONS MENTIONED ABOVE.

PLEASE NOTE THAT IF YOU ARE A RESIDENT OF OREGON, YOU MAY NOT PURCHASE THE PRODUCT.

THE PRODUCT IS NOT INTENDED AS A "STOP SMOKING" OR "QUIT SMOKING" DEVICE; INSTEAD THE PRODUCT PROVIDES AN ALTERNATIVE TO SMOKING BY SUPPLYING NON NICOTINE FLAVORS THROUGH A PERSONAL ATOMIZING DEVICE.

THE PRODUCT SHOULD NOT BE USED BY ANYONE UNDER THE AGE OF 18 OR ANYONE WHO IS PREGNANT, NURSING, OR BREASTFEEDING.

INFORMATION AND STATEMENTS REGARDING PRODUCT HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

2. PRIVACY POLICY

NO SMOKE LLP RESPECTS YOUR PRIVACY AND PERMITS YOU TO CONTROL THE TREATMENT OF YOUR PERSONAL INFORMATION. A COMPLETE STATEMENT OF NO SMOKE LLP'S CURRENT PRIVACY POLICY CAN BE FOUND BY CLICKING Here. THE PRIVACY POLICY IS EXPRESSLY INCORPORATED INTO THESE TERMS BY THIS REFERENCE.

3. PURCHASING THE PRODUCT

UPON PLACING YOUR ORDER YOU AGREE TO BE BILLED $89.95 IN APPROXIMATELY TWO WEEKS FOR THE STARTER KIT AND THEN $68.95 EVERY 30 DAYS THEREAFTER FOR AN AUTOMATIC SHIPMENT OF CARTRIDGES. YOU WILL BE BILLED $9.95 TODAY SO YOUR KIT CAN BE SENT TO YOU IMMEDIATELY. YOU ARE FREE TO CANCEL (MONTHLY FEE) AT ANYTIME BY CALLING 1-888-593-4160 OR EMAILING US AT SUPPORT@NOSMOKE300.COM.

4. CANCELLATION AND REFUND AND EXCHANGE POLICY

IF YOU WISH TO RECEIVE AN RMA NUMBER, YOU MUST CALL 1-888-593-4160. IF YOU WOULD LIKE TO CANCEL OUT OF OUR PROGRAM YOU MUST CALL US AT 1-888-593-4160 OR EMAIL US AT SUPPORT@NOSMOKE300.COM

PLEASE NOTE THAT THERE IS A $10 RESTOCKING FEE ON ALL RETURNED PRODUCTS.

5. GENERAL PAYMENT INFORMATION

ALL FEES ARE PAYABLE IN UNITED STATES CURRENCY. UPON PRIOR WRITTEN NOTICE TO YOU

(I.E., EMAIL), NO SMOKE LLP RESERVES THE RIGHT TO CHANGE ITS PRICING AND/OR BILLING PRACTICES WHENEVER NECESSARY, IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE WITH THESE CHANGES, YOU MAY CANCEL YOUR MEMBERSHIP IN THE PROGRAM, AS APPLICABLE, AT ANY TIME, BUT YOU WILL REMAIN RESPONSIBLE FOR TIMELY PAYMENT OF ANY AND ALL FEES THAT YOU HAVE ALREADY INCURRED (INCLUDING ANY APPLICABLE LATE FEES). CONTINUED ACCEPTANCE OF THE PRODUCT, AFTER RECEIPT OF SUCH NOTICE SHALL CONSTITUTE CONSENT TO ANY AND ALL SUCH CHANGES. IF YOU FAIL TO MAKE ANY SCHEDULED PAYMENT FOR A PRODUCT, SUCH OVERDUE AMOUNTS WILL BE SUBJECT TO INTEREST CHARGES IN THE AMOUNT OF ONE AND ONE HALF PERCENT (1.5%) PER MONTH, COMPOUNDED MONTHLY AND NO SMOKE LLP MAY, IN ITS SOLE DISCRETION, DECIDE TO TERMINATE YOUR MEMBERSHIP IN THE PROGRAM FOR NON-PAYMENT.

6. LICENSE GRANT

NO SMOKE LLP GRANTS YOU A LIMITED LICENSE TO ACCESS AND MAKE PERSONAL USE OF THE WEBSITE AND NOT TO DOWNLOAD (OTHER THAN PAGE CACHING) OR MODIFY IT, OR ANY PORTION OF IT. THIS LICENSE DOES NOT INCLUDE ANY RESALE OR COMMERCIAL USE OF THE WEBSITE OR ITS CONTENTS; ANY COLLECTION AND USE OF ANY PRODUCT LISTINGS, DESCRIPTIONS, OR PRICES; ANY DERIVATIVE USE OF THE WEBSITE OR ITS CONTENTS; OR ANY USE OF DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS. THIS WEBSITE OR ANY PORTION OF THIS WEBSITE MAY NOT BE REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, VISITED, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE WITHOUT EXPRESS WRITTEN CONSENT OF NO SMOKE LLP.

7. INDEMNIFICATION

UPON REQUEST BY NO SMOKE LLP, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NO SMOKE LLP AND ITS AFFILIATES, THEIR EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, CO-BRANDERS, CONTENT LICENSORS AND/OR OTHER PARTNERS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS FEES THAT ARISE FROM: (A) YOUR USE OF THE WEBSITE OR THE PRODUCTS; AND/OR (B) YOUR BREACH OF THESE TERMS AND THE TERMS OF THE PROGRAM. NO SMOKE LLP RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH NO SMOKE LLP IN ASSERTING ANY AVAILABLE DEFENSES.

8. COPYRIGHT

ALL CONTENT INCLUDED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, LOGOS, BUTTON ICONS, IMAGES, AND AUDIO CLIPS, DIGITAL DOWNLOADS, AND DATA COMPILATIONS, IS THE PROPERTY OF NO SMOKE LLP AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS.

9. THIRD PARTY SITES

NO SMOKE LLP MAY ALLOW THIRD PARTIES TO ADVERTISE ON THE WEBSITE. PLEASE BE AWARE THAT NO SMOKE LLP IS NOT RESPONSIBLE FOR THE BUSINESS AND PRIVACY PRACTICES OF THESE OTHER SITES. NO SMOKE LLP ENCOURAGES YOU TO BE AWARE OF THIS WHEN YOU LEAVE THE WEBSITE AND TO READ THE LEGAL NOTICES AND PRIVACY POLICIES OF EACH AND EVERY WEBSITE YOU VISIT. THE WEBSITE ALSO CONTAINS LINKS TO OTHER WEBSITES ON THE

INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES. NO SMOKE LLP DOES NOT CONTROL THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THESE THIRD PARTY WEBSITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NO SMOKE LLP OF THE APPLICABLE WEBSITE OR ANY ASSOCIATION WITH THE WEBSITE.S OPERATORS. BECAUSE NO SMOKE LLP HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, YOU AGREE THAT NO SMOKE LLP IS NOT RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR THE OPERATION OF SUCH EXTERNAL WEBSITES, FOR ANY MATERIAL LOCATED ON OR AVAILABLE FROM ANY SUCH WEBSITES OR FOR THE PROTECTION OF YOUR DATA PRIVACY BY THIRD PARTIES. YOU AGREE THAT NO SMOKE LLP SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF OR RELIANCE ON ANY SUCH MATERIAL AVAILABLE ON OR THROUGH ANY SUCH SITE OR ANY SUCH DEALINGS OR PROMOTIONS.

10. DISCLAIMER OF WARRANTIES

THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELNO SMOKE LLPTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). NO SMOKE LLP MAKES NO WARRANTY THAT THE WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

11. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO SMOKE LLP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NO SMOKE LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND THE PRODUCT ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; (D) THE FAI LURE TO REALI ZE ANY SPECI FI C WEI GHT-LOSS, BENEFI T OR OTHER HEALTH-RELATED OUTCOM E; AND (E) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE NO SMOKE LLP FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF NO SMOKE LLP TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE, THE PRODUCT AND/ OR SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE

NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NO SMOKE LLP. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS NO SMOKE LLP'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. CHOICE OF LAW AND ARBITRATION PROVISION

ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, WHICH CANNOT BE RESOLVED BY NEGOTIATION (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE OVER THE ARBITRABILITY OF AN ISSUE), WILL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE J.A.M.S ARBITRATION RULES AND PROCEDURES. THE ARBITRATION WILL BE HELD IN THE MIAMI BEACH, FLORIDA. THE COSTS OF ARBITRATION, INCLUDING THE FEES AND EXPENSES OF THE ARBITRATOR, WILL BE BORNE BY THE PARTY INITIATING THE ACTION UNLESS THE ARBITRATION AWARD PROVIDES OTHERWISE. EACH PARTY WILL BEAR THE COST OF PREPARING AND PRESENTING ITS CASE. THE PARTIES AGREE THAT THE ARBITRATOR HAS NO POWER OR AUTHORITY TO MAKE AWARDS OR ISSUE ORDERS OF ANY KIND EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS, AND IN NO EVENT DOES THE ARBITRATOR HAVE THE AUTHORITY TO MAKE ANY AWARD THAT PROVIDES FOR PUNITIVE OR EXEMPLARY DAMAGES. THE AWARD MAY BE CONFIRMED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THESE TERMS SHALL BE TREATED AS THOUGH IT WERE EXECUTED AND PERFORMED IN MIAMI BEACH, FLORIDA AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA (WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES).

13. MISCELLANEOUS

YOU REPRESENT AND WARRANT THAT (A) YOU ARE AT LEAST 18 YEARS OF AGE (OR 19 YEARS OF AGE IN THE JURISDICTION MENTIONED ABOVE); (B) YOU HAVE THE FULL RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (C) BY ENTERING INTO THIS AGREEMENT YOU ARE NOT BREACHING ANY DUTY OR OBLIGATION TO ANY THIRD PARTY; AND (D) THE PERSON CONSENTING TO THESE TERMS IS YOUR DULY AUTHORIZED REPRESENTATIVE AND AUTHORIZED TO BIND YOU TO THE TERMS OF THESE TERMS. YOU MAY NOT ASSIGN OR DELEGATE ANY OR ALL OF YOUR RIGHTS, OBLIGATIONS, AND DUTIES UNDER THESE TERMS WITHOUT THE PRIOR WRITTEN CONSENT OF NO SMOKE LLP, WHICH MAY BE WITHHELD IN NO SMOKE LLP'S SOLE DISCRETION. IF ANY CLAUSE OR PROVISION IN THESE TERMS IS DETERMINED TO BE INVALID OR UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF ANY OTHER CLAUSE OR PROVISION THESE TERMS, WHICH WILL REMAIN IN FULL FORCE AND EFFECT. NO WAIVER OF ANY OF THE PROVISIONS OF THESE TERMS IS BINDING UNLESS IT IS IN WRITING AND SIGNED BY NO SMOKE LLP. THE FAILURE OF EITHER NO SMOKE LLP TO INSIST ON THE STRICT ENFORCEMENT OF ANY PROVISION OF THESE TERMS DOES NOT CONSTITUTE A WAIVER OF ANY PROVISION AND ALL TERMS SHALL REMAIN IN FULL FORCE AND EFFECT. THESE TERMS SUPERSEDE AND REPLACE ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, UNDERSTANDINGS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES AND RELATING TO THE SUBJECT MATTER HEREOF, AND TOGETHER WITH THE OTHER DOCUMENTS REFERENCED HEREIN, CONSTITUTES THE ENTIRE UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS.

14. CONTACT INFORMATION

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE FEEL FREE TO CONTACT US

AT 1-888-593-4160 OR EMAIL US SUPPOR@NOSMOKE300.COM

NO SMOKE LLP
20 TUTTLE PLACE
MIDDLETOWN, CT, 06457

1-888-593-4160

PLEASE DO NOT SEND RETURNS TO THE ABOVE ADDRESS, UNLESS YOU RECEIVED AN RMA NUMBER.