higherupsmoke.com is comprised of various web pages operated by Silent LLC (Higher Up Smoke Shop)

https://higherupsmoke.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of
https://higherupsmoke.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://higherupsmoke.com/ is an E-Commerce Site.
Nicotine, Disposable Vapes, Delta 8 and Accessories

Your use of https://higherupsmoke.com/ is subject to Higher Up Smoke Shop’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.

Visiting https://higherupsmoke.com/ or sending emails to Higher Up Smoke Shop constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Higher Up Smoke Shop is not responsible for third party access to your account that results from theft or misappropriation of your account. Higher Up Smoke Shop and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Higher Up Smoke Shop does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 21, you may not use https://higherupsmoke.com/.

By accessing and using this website, you acknowledge, agree, and our bound to the following terms regarding age restrictions:

1. Age Requirement: You must be at least 18-21 (depending on your location) years of age to purchase any products from and higherupsmoke.com. By using this site, you confirm that you are of legal age in your jurisdiction to purchase and use tobacco and smoking-related products.
2. Verification Process: While our system has a active verification process already, we also reserve the right to verify the age of our customers at any time, including we may request proof of age, such as a government-issued ID, before processing any order. If we determine that you do not meet the age requirement, your order will be canceled, and any payments made will be refunded.
3. Responsibility: It is your responsibility to ensure that you comply with all applicable local, state, and federal laws and regulations regarding age restrictions on tobacco and smoking-related products.
4. False Representation: Providing false information or attempting to bypass our age verification system process is a violation of our terms and conditions and may result in legal consequences.
5. Indemnity: To the fullest extent permitted by law, you, organizations, and any other entity, agree to indemnify, defend, and hold harmless higher up smoke shop, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:
   • Your violation of these terms and conditions, including the age restriction policy.
   • Any inaccurate or false information you provide during the age verification process.
   • Your failure to comply with applicable laws and regulations.
   • The event that underage individual(s) managed to circumvent our age verification process.
   • Any Requested Charge Backs Requests By Customer(s)
   • Disputes for order refunds
   • Litigation of any type
   • Non Compliance of any type

   This indemnity obligation will survive the termination of your use of this site and the cancellation of any orders.

   By continuing to use this site, you agree you are are bound to these terms, acknowledge that these terms are actively enforced,and will be held accountable if any discrepancies arise.

https://higherupsmoke.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Higher Up Smoke Shop and Higher Up Smoke Shop is not
responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Higher Up Smoke Shop is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Higher Up Smoke Shop of the site or any association with its operators.

Certain services made available via https://higherupsmoke.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the
https://higherupsmoke.com/ domain, you hereby acknowledge and consent that Higher Up Smoke Shop may share such information and data with any third party with whom Higher Up
Smoke Shop has a contractual relationship to provide the requested product, service or functionality on behalf of https://higherupsmoke.com/ users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use https://higherupsmoke.com/ strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to Higher Up Smoke Shop that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Higher Up Smoke Shop
or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Higher Up Smoke Shop content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written
permission of Higher Up Smoke Shop and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Higher Up Smoke Shop or our licensors except as expressly authorized by these Terms.

The Service is controlled, operated and administered by Higher Up Smoke Shop from our offices within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Higher Up Smoke Shop Content accessed through https://higherupsmoke.com/ in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.

You agree to indemnify, defend and hold harmless Higher Up Smoke Shop, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Higher Up Smoke Shop reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Higher Up Smoke Shop in asserting any available defenses.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration’s and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Higher Up Smoke Shop agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.