These Terms of Service (“Terms”) govern your access to and use of www.MeetJOEY.com and/or www.BuyJOEY.com and any related websites, mobile sites, applications, or services (collectively, the “Site”), which are owned and operated by BuyJoey, LLC and/or Joey Op Co, LLC (together, “Company,” “JOEY,” “we,” “us,” or “our”).
By accessing, browsing, or using the Site, or by purchasing any products through the Site (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Site.
You agree to these Terms by (i) clicking or tapping any button or checkbox indicating acceptance, (ii) creating an account, (iii) completing a purchase, or (iv) otherwise accessing or using the Site after these Terms are made available to you.
You further acknowledge that if JOEY is merged with another company, your information may be transferred to the new owners so that we may continue to sell products and provide Services to you.
1. ELIGIBILITY; AGE RESTRICTION
The Site and the products sold through it are intended solely for individuals who are at least twenty-one (21) years of age. By using the Site, you represent and warrant that you are at least 21 years old and legally permitted to purchase synthetic nicotine products in your jurisdiction.
We utilize third-party age-verification services and reserve the right to refuse service, cancel orders, or restrict access if age verification cannot be completed to our satisfaction. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Site or Services and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you invite to use the Site or participate in any of the Services with you is also of legal age as described above. Without limiting the foregoing, the Site and Services are not available to minors.
Any attempt to circumvent age-verification or eligibility controls constitutes a material breach of these Terms.
2. PRODUCTS; NO MEDICAL OR CESSATION CLAIMS
Our products contain synthetic nicotine, which is an addictive chemical.
Our products are not intended to diagnose, treat, cure, or prevent any disease, and are not marketed as smoking cessation products. Any statements on the Site have not been evaluated by the U.S. Food and Drug Administration (“FDA”), except where expressly stated.
All information provided on this Site is intended for informational purposes only. All information is believed to be reliable, but is not warranted to be accurate, timely or complete, nor is any information intended to constitute advice. Many factors unknown to the Company may affect the applicability of any statement or comment made on the Site to your particular circumstances.
Use of our products is at your own risk.
3. ORDERING; PAYMENT; TITLE AND RISK OF LOSS
(a) Orders
All orders placed through the Site are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, regulatory restrictions, or errors in pricing or product information.
If an order is canceled after payment has been processed, any refund will be issued in accordance with applicable law.
(b) Payment
Prices are subject to change without notice. Payment must be made at the time of purchase through approved payment methods. Payment processing is handled by third-party processors; we do not store full payment card information.
(c) Title and Risk of Loss
Title to products passes to you upon our transfer of the products to the carrier. Risk of loss passes upon delivery to the carrier, to the extent permitted by applicable law.
4. SHIPPING AND REGULATORY RESTRICTIONS
We ship only to jurisdictions where the sale of synthetic nicotine products is lawful. You are responsible for ensuring that purchase, possession, and use of the products comply with all applicable federal, state, and local laws.
The Site and the products and Services offered through it are intended for use only by individuals who are located in jurisdictions where such access and use are lawful. By accessing or using the Site, you represent and warrant that you are physically located in a jurisdiction in which access to the Site and the purchase, possession, and use of the products offered are permitted under applicable federal, state, and local laws.
We reserve the right to implement technological measures designed to restrict access to the Site or certain content, features, or transactions based on geographic location (“Location Gating”).
Currently, the Company does not ship products to the following states/jurisdictions: Alaska, Hawaii, Maine, Maryland, Massachusetts, Utah and Vermont.
Currently, the Company does not ship ‘flavored’ products to the following states/jurisdictions: California, District of Columbia and Massachusetts.
We may suspend or restrict shipping to certain jurisdictions at any time without notice.
Orders placed using inaccurate, misleading, or false location information may be canceled without liability to the Company.
5. RETURNS AND REFUNDS
Due to the nature of the products, all sales are final, except where otherwise required by applicable law or expressly stated in our Return Policy (if any). Opened or used products are not eligible for return.
Nothing in this Section limits any refund, replacement, or remedy that is expressly required by applicable law or mandated by a governmental or regulatory authority.
6. USER CONDUCT
You agree not to:
- Use the Site for any unlawful or fraudulent purpose
- Misrepresent your age or identity
- Interfere with the operation or security of the Site
- Circumvent age-verification or security features
- Use the Site in a manner that violates applicable advertising, consumer protection, or nicotine-related regulations
We reserve the right to suspend or terminate access for violations of these Terms.
7. INTELLECTUAL PROPERTY
All content on the Site, including trademarks, logos, product names, text, graphics, images, and software, is owned by or licensed to the Company and is protected by intellectual property laws.
No license or right is granted to you except the limited right to access and use the Site for personal, non-commercial purposes.
8. THIRD-PARTY SERVICES AND LINKS
The Site may contain links to third-party websites or services. We do not control and are not responsible for the content, policies, or practices of third parties. Your interactions with third parties are at your own risk.
9. FDA REGULATORY FRAMEWORK
Our products are subject to regulation by the FDA under the Federal Food, Drug, and Cosmetic Act, and related laws and regulations applicable to nicotine products, including synthetic nicotine.
Regulatory requirements governing such products are evolving, subject to interpretation, and may change at any time.
10. PREMARKET TOBACCO PRODUCT APPLICATION (“PMTA”) STATUS
Certain products offered on the Site may be the subject of a Premarket Tobacco Product Application (“PMTA”), a PMTA submission tracking number (“STN”), or reliance on third-party filings, where applicable.
The submission or pendency of a PMTA, the existence of an STN, or the FDA’s review of a PMTA does not constitute FDA approval, authorization, endorsement, or a determination that a product may continue to be marketed indefinitely.
11. MARKETING DENIAL ORDERS AND ENFORCEMENT RISK
The FDA may issue a Marketing Denial Order (“MDO”) or take other enforcement action with respect to any nicotine product at any time, including after a product has been marketed or sold.
An MDO or other regulatory action may require a product to be removed from the market, recalled, modified, or otherwise restricted, and may occur with or without advance notice.
12. NO GUARANTEE OF CONTINUED AVAILABILITY
We make no representation, warranty, or guarantee that any product offered on the Site:
- Will remain available for sale for any period of time;
- Will not become subject to an MDO, enforcement action, or regulatory restriction; or
- Will continue to be lawful to sell in all jurisdictions.
Availability of products may change at any time due to regulatory, legal, or business considerations.
13. ASSUMPTION OF REGULATORY RISK
By purchasing products through the Site, you acknowledge and agree that:
- You understand the FDA regulatory framework applicable to nicotine and synthetic nicotine products;
- You assume all risk associated with changes in law, regulation, FDA guidance, enforcement priorities, or regulatory determinations; and
- Regulatory action affecting a product shall not entitle you to refunds, damages, replacement products, or other remedies, except as expressly required by applicable law.
14. NO REGULATORY RELIANCE
You acknowledge that you are not relying on any statements by the Company regarding:
- FDA approval or authorization status;
- Likelihood of PMTA approval;
- Timing or outcome of FDA review; or
- FDA enforcement discretion.
All information provided on the Site is for general informational purposes only and does not constitute legal, regulatory, or medical advice.
15. RESERVATION OF RIGHTS
The Company expressly reserves the right to:
- Modify, suspend, or discontinue the sale of any product at any time;
- Cancel orders, delay fulfillment, or restrict quantities due to regulatory concerns; and
- Take any action reasonably necessary to comply with FDA requirements or mitigate regulatory risk.
16. LIMITATION OF LIABILITY FOR REGULATORY ACTION
To the maximum extent permitted by law, the Company shall not be liable for any losses, damages, costs, or expenses arising out of or related to:
- FDA enforcement actions, including MDOs, warning letters, seizures, or recalls;
- Changes in law or regulatory interpretation; or
- The unavailability or withdrawal of any product due to regulatory reasons.
17. DISCLAIMER OF WARRANTIES
THE SITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Our obligations with respect to our products and Services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. We further do not warrant the accuracy and completeness of the materials on this Site. We may make changes to the materials on this Site, or to the products and prices described in them, at any time without notice. The materials on this Site may be out of date, and we make no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
Some jurisdictions do not allow the exclusion of certain warranties, so portions of this disclaimer may not apply to you.
We do not warrant that the Site will be uninterrupted, error-free, or secure.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR PRODUCTS.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
Nothing in these Terms limits liability or remedies that cannot be limited or excluded under applicable law.
19. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:
- Your use or misuse of the Site or products
- Your violation of these Terms
- Your violation of applicable laws or regulations
20. COMPLIANCE WITH LAWS
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate JOEY, a JOEY employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm JOEY or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
- You agree to cooperate with any product recall, safety notice, withdrawal, or regulatory action as required by applicable law.
21. GOVERNING LAW; VENUE
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.
22. ARBITRATION AND CLASS ACTION WAIVER
All disputes arising under these Terms will be submitted to arbitration before a single arbitrator of the American Arbitration Association (“AAA”), within Maricopa County, Arizona. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties. No party may challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent a party from obtaining an injunction from a court of competent jurisdiction.
This arbitration provision is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce.
Either party may bring an individual action in small claims court if the claim qualifies and remains in that court, and such action shall not be deemed inconsistent with this arbitration provision.
By accessing, browsing, or using the Site, or by purchasing any products through the Site, you further acknowledge and agree that you waive any right to participate in a class or representative action against the Company.
The arbitration shall be conducted on an individual basis only. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
If any portion of this Section 22 is found to be unenforceable, the remainder shall remain in full force and effect. If the class action waiver is found unenforceable, the arbitration requirement shall nevertheless remain enforceable on an individual basis to the fullest extent permitted by law.
23. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Continued use of the Site constitutes acceptance of the revised Terms.
24. SEVERABILITY; WAIVER
If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any right shall not constitute a waiver.
25. CONTACT INFORMATION
If you have questions about this Privacy Policy or our privacy practices, please contact us at:
You may also contact us by mail at:
BuyJoey, LLC and/or Joey Op Co, LLC
2780 S. Jones Blvd., Suite 200-3858
Las Vegas, NV 89146
By using our Services, you acknowledge that you have read, understood and agree to the practices described in these Terms.
