Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Empti, Inc., a corporation organized under the laws of Nevada ("Empti," "we," "us," or "our"). They govern your access to and use of this website and your purchase of our products.

By accessing the site, confirming your age, submitting a form, or placing an order, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use this site.

If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

Additional terms may apply to specific offerings — for example a written quotation, a custom order acknowledgement, or a credit agreement. Where those terms conflict with these Terms, the specific written terms control for that transaction only.

We may revise these Terms at any time by posting an updated version with a new "Last updated" date. Changes apply prospectively. For material changes we will provide reasonable advance notice, such as a notice on the site or an email to the address associated with your orders. Continuing to use the site after a change takes effect means you accept the revised Terms. The Terms in force when you placed an order govern that order.

By using this site, you represent and warrant that:

• You are at least 21 years of age;
• You have the legal capacity to enter into a binding contract;
• You are not purchasing for resale or distribution to any person under 21 years of age;
• You are not located in, and will not direct products to, any jurisdiction where the purchase, possession, sale, or use of these products is prohibited;
• You are not a person or entity subject to United States sanctions or on any restricted or denied-party list;
• All information you provide to us is accurate, current, and complete.

We may refuse service, cancel orders, and restrict or terminate access if we reasonably believe any of these representations is untrue.

Our products are sold into a heavily and inconsistently regulated category. Requirements differ by federal agency, state, county, and city, and they change frequently. You are solely responsible for determining and satisfying every legal requirement that applies to your purchase, possession, use, labeling, filling, distribution, and resale of our products. This includes, without limitation:

• Holding and maintaining every license, permit, and registration your jurisdiction requires — including cannabis, hemp, tobacco, vapor product, and retail licenses as applicable;
• Federal requirements applicable to electronic nicotine delivery systems and related products, including U.S. Food and Drug Administration premarket authorization and registration obligations, and the requirements of the Prevent All Cigarette Trafficking (PACT) Act and related shipping, registration, and reporting rules;
• State and local restrictions on product types, flavors, hardware characteristics, nicotine content, online sale, delivery, and age verification;
• Packaging, child-resistance, labeling, warning statement, and testing requirements applicable to whatever you place into or sell alongside our hardware, including California Proposition 65 warnings where applicable;
• Collection and remittance of any excise, sales, use, or other tax arising from your resale or use of the products;
• Verifying the age of anyone to whom you resell, and refusing sale to minors.

We sell hardware, cartridges, and packaging. We do not sell, supply, or authorize the use of our products with any controlled substance or any regulated substance, and nothing on this site is an instruction, encouragement, or authorization to do so. Any substance you place into our products, and all consequences of doing so, are entirely your responsibility.

Nothing we publish — on this site, in a specification sheet, in a certificate of analysis, or in correspondence — is legal advice or a representation that a product is compliant, lawful, or authorized for your intended use in your jurisdiction. Product certifications and test reports speak only to the specific scope, sample, and standard stated in them. You must obtain your own legal and regulatory advice.

Our products are not medical devices. They are not intended to diagnose, treat, cure, or prevent any disease, and no statement on this site should be read as a health claim.

Some features may require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, whether or not authorized by you. Notify us immediately at support@empti.com if you suspect unauthorized use. We may suspend or terminate an account at any time for suspected fraud, misuse, non-payment, or breach of these Terms. You may not share, sell, or transfer your account.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use this site for your own personal or internal business purposes of evaluating and purchasing our products. All other use is prohibited. You agree not to:

• Scrape, crawl, harvest, mirror, frame, or use any automated means to access the site or extract data, including for the purpose of training machine learning models, except for search engine indexing that respects our robots directives;
• Copy, reproduce, republish, or redistribute our catalog, product photography, 3D models, specifications, or copy without our prior written permission;
• Reverse engineer, decompile, probe, or attempt to bypass any security, access control, signed asset URL, rate limit, or age verification mechanism;
• Interfere with the operation of the site, introduce malicious code, or place unreasonable load on our infrastructure;
• Circumvent or falsify age confirmation, or use the site on behalf of a person under 21;
• Impersonate any person, misrepresent your affiliation, or submit false business, tax, or exemption information;
• Use the site for any unlawful purpose, or in violation of these Terms or any applicable law or regulation.

We reserve the right to investigate suspected violations, block access, and pursue all available legal and equitable remedies.

We work to describe our products accurately, but we do not warrant that product descriptions, specifications, images, colors, dimensions, capacities, compatibility notes, or availability are complete, current, or error-free. Images are representative; actual product appearance may vary, and screen color reproduction differs by device.

All prices are in U.S. dollars and are subject to change without notice. Prices are not guaranteed until an order is accepted. Published or quoted lead times and inventory availability are estimates, not commitments.

We reserve the right to correct any error, inaccuracy, or omission — including in pricing — and to cancel or refuse any order placed on incorrect information, even after an order confirmation has been sent. If we cancel an order for this reason and you have already been charged, we will issue a full refund of the amount charged, which is your sole remedy.

Your submission of an order is an offer to purchase. No contract is formed and no order is accepted until we confirm acceptance or ship the products, whichever occurs first. An automated acknowledgement of receipt is not acceptance.

We may refuse, limit, or cancel any order in whole or in part for any lawful reason, including suspected fraud, a reseller or quantity limit, an unverifiable or restricted shipping address, a pricing error, product unavailability, or a reasonable belief that the order violates section 3 or 4.

Payment is due in full at the time of order unless we have agreed to written credit terms. Where credit terms apply, invoices are due per the stated terms, and past-due amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You are responsible for our reasonable costs of collection, including attorneys' fees. We may withhold shipment while any amount is past due.

Card payments are processed by a third-party payment provider. We do not receive or store your full card number. You represent that you are authorized to use the payment method you provide. Chargebacks initiated without first contacting us and allowing a reasonable opportunity to resolve the issue are a breach of these Terms.

Taxes and exemption certificates. Applicable sales, use, and excise taxes are calculated and displayed at checkout and are your responsibility unless a valid exemption applies. If you claim exemption, you must provide a current, accurate, and properly executed certificate for each applicable jurisdiction before the order is placed, and you must notify us promptly if it expires or is revoked. You are responsible for the validity of any certificate you submit, and you agree to reimburse and indemnify us for any tax, interest, or penalty assessed against us as a result of an invalid, expired, or improperly claimed exemption.

Quotations. Quotes are estimates for planning purposes, are non-binding until confirmed in a written order acknowledgement, and expire 30 days from issuance unless stated otherwise. Quoted pricing assumes the specifications, quantities, and timeline described; changes to any of these may change price and lead time.

Deposits and cancellation. Custom and made-to-order production may require a deposit, which is applied to the order price. Once you approve a proof or we begin tooling, plate-making, printing, or production, the order is non-cancelable and non-refundable except for verified manufacturing defects. If you cancel after production begins, you remain responsible for materials consumed, work completed, tooling, and any non-recoverable third-party costs.

Proof approval. You are responsible for reviewing and approving proofs, artwork placement, spelling, colors, dimensions, and required regulatory or warning text. We produce to the approved proof. We are not responsible for errors present in an approved proof, including errors in text or regulatory content you supplied.

Production variance. Custom manufacturing involves normal commercial tolerances. Reasonable variation in color match, print registration, finish, and dimensions is expected and is not a defect. Quantities may vary by up to 10% over or under the ordered quantity, and you will be invoiced for the quantity actually delivered.

Your artwork and your warranty to us. You retain ownership of logos, artwork, brand assets, and files you submit. You grant us a non-exclusive, royalty-free, worldwide license to reproduce, adapt, store, and use those materials solely to quote, proof, tool, produce, and ship your order and to support reorders. You represent and warrant that you own or have all rights necessary to submit the materials and to have them reproduced, that they do not infringe or misappropriate any patent, copyright, trademark, trade secret, right of publicity, or other right of any third party, and that they comply with all applicable labeling and advertising law. We may refuse any artwork at our discretion, including artwork we believe is infringing, unlawful, or appealing to minors, and we have no obligation to review or screen your artwork.

Portfolio use. We will not publicly display your artwork or identify you as a customer without your written permission.

We ship to the continental United States only. Standard and Express rates are set by destination zone, start at $6.95, and are confirmed at checkout; oversized and pallet freight is quoted separately. Orders of $100 or more qualify for free Standard shipping. The current zone rate table and full details are on our shipping and lead times page.

Shipment is Ex Works / FOB origin. Title and risk of loss pass to you when we deliver the products to the carrier. From that point the products are yours, and claims for loss or damage in transit are against the carrier — though we will reasonably assist you in filing one, as described in our returns and warranty policy.

All shipping dates and lead times are estimates. We are not liable for any delay in delivery, or for any loss arising from a delay, including a missed launch, promotion, or downstream commitment. We are not responsible for delays or failures caused by carriers, weather, customs, regulatory action, supply shortages, or any cause beyond our reasonable control. You are responsible for providing a complete and accurate shipping address and for any charges arising from an incorrect address, refused delivery, or failure to accept delivery.

You must inspect shipments promptly on arrival and notify us of any shortage, visible damage, or non-conformity within the period stated in our returns and warranty policy. Products not rejected within that period are deemed accepted.

Our returns and defect process is described on the Returns & Warranty page, which forms part of these Terms. Custom and made-to-order products are non-returnable except for verified manufacturing defects. Change-of-mind returns are not accepted.

We warrant to the original purchaser that products will be free from defects in materials and workmanship, and will conform to the agreed specifications, for the warranty period stated in our returns and warranty policy. This warranty does not cover normal wear, damage in transit, improper storage, filling, assembly, or handling, use with incompatible substances or devices, modification, misuse, or failure to follow instructions.

Your exclusive remedy for a breach of this warranty is, at our option, repair, replacement, or refund of the purchase price of the non-conforming products. This is the entire extent of our obligation and your sole remedy for defective products.

We make no warranty of any kind to any person other than the original purchaser, and this warranty is not transferable. You may not extend our warranty to your own customers or make any representation about our products beyond what we publish in writing.

The site and all of its contents — including the Empti name and logo, product names, text, photography, illustrations, 3D models, video, graphics, page design, layout, software, and the selection and arrangement of all of it — are owned by Empti, Inc. or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

Except for the limited license in section 6, no right or license is granted to you. You may not use our trademarks or trade dress without prior written permission. Any unauthorized use terminates the license granted in section 6 immediately.

Feedback. If you send us suggestions, ideas, or feedback about our products or this site, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without compensation, attribution, or confidentiality obligation. This does not apply to your artwork or specifications submitted for a custom order, which are governed by section 9.

Copyright complaints. If you believe content on this site infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to support@empti.com with the subject line "DMCA Notice," or to the postal address in section 24 marked "Attn: Copyright Agent."

This site links to and integrates third-party services, and checkout is completed on infrastructure operated by Shopify. We do not control those services, do not endorse their content, and are not responsible or liable for them, their terms, their availability, or any transaction between you and them. Your use of a third-party service is governed by that party's terms and privacy policy.

EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 11, THIS SITE, ALL CONTENT, AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, EMPTI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

We do not warrant that the site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the site or its servers are free of harmful components, or that information on the site is accurate or complete. We do not warrant that any product is suitable, compliant, or lawful for your intended use, market, or jurisdiction.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the fullest extent permitted, and any implied warranty that cannot be disclaimed is limited in duration to the express warranty period in section 11.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER EMPTI NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, BUSINESS INTERRUPTION, PRODUCTION DELAY, REGULATORY PENALTY, RECALL COST, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THIS SITE, THESE TERMS, OR ANY PRODUCT — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, THESE TERMS, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply even if the exclusive remedy in section 11 fails of its essential purpose, and they reflect an agreed allocation of risk that is a fundamental basis of the bargain between us. Without them, our pricing would be materially different.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or death or personal injury caused by our negligence. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so parts of this section may not apply to you.

You agree to defend, indemnify, and hold harmless Empti, Inc. and its officers, directors, employees, agents, and suppliers from and against any claim, demand, action, investigation, loss, liability, damage, fine, penalty, cost, or expense — including reasonable attorneys' fees — arising out of or relating to:

• Your breach of these Terms or of any representation or warranty you make in them;
• Your violation of any law or regulation, including those described in section 4, or your failure to hold a required license or authorization;
• Any substance you place into, combine with, or sell alongside our products, and any injury or damage arising from it;
• Your resale, distribution, relabeling, modification, or marketing of our products, including any representation or warranty you make to your own customers;
• Any artwork, specification, or content you submit, including any claim that it infringes or misappropriates a third party's rights;
• Any sale or transfer by you to a person under 21 years of age;
• Any tax, interest, or penalty arising from an exemption certificate you provided.

We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense. You will not settle any matter affecting us without our prior written consent. This obligation survives termination of these Terms.

We may suspend or terminate your access to the site, cancel pending orders, and close your account at any time, with or without notice, if you breach these Terms or if we reasonably believe your continued use presents a legal or security risk. You may stop using the site at any time. Sections that by their nature should survive — including sections 4, 9, 11, 12, 14, 15, 16, 18, 19, and 20 — survive termination.

Please read this section carefully. It affects how disputes between us are resolved and limits the remedies available to you.

18.1 Informal resolution first. Before starting an arbitration or a lawsuit, you agree to give us a chance to resolve the matter. Send a written Notice of Dispute to support@empti.com or to the address in section 24, describing the dispute, the relief you seek, and your contact and order information. We will do the same if we have a dispute with you. Both sides agree to negotiate in good faith for 60 days from receipt of the Notice before commencing any proceeding. This step is a condition precedent to filing, and the applicable limitations period is tolled while it runs.

18.2 Agreement to arbitrate. If the dispute is not resolved informally, you and Empti agree that any dispute, claim, or controversy arising out of or relating to this site, these Terms, our products, or our relationship — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or during the term of these Terms — will be resolved by binding individual arbitration rather than in court, except as stated in sections 18.4 and 18.7.

18.3 Arbitration procedure. The arbitration will be administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules in effect when the demand is filed, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this section. A single arbitrator will decide the dispute and must follow applicable law and honor the limitations in section 15. The arbitrator may award only individual relief necessary to satisfy your or our individual claim, and may not award relief affecting other customers. The arbitration will take place in Clark County, Nevada, or, at your election, in the county where you reside, by telephone, by video, or on written submissions only. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction. Each side bears its own attorneys' fees unless a statute or the arbitrator's award provides otherwise; filing and administrative fees are allocated under the applicable AAA rules, and we will pay them where those rules or applicable law require.

18.4 Exceptions. Either of us may bring an individual claim in small claims court if it qualifies and remains there. Either of us may also seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to our systems. Nothing in this section prevents either party from reporting a matter to a government agency, or you from participating in a government investigation.

18.5 Class action and jury trial waiver. YOU AND EMPTI AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON. YOU AND EMPTI ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY.

18.6 Severability of this section. If the class action waiver in section 18.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court under section 19, while all other claims proceed in arbitration. If any other part of this section 18 is found unenforceable, it will be severed and the remainder will continue to apply.

18.7 Your right to opt out of arbitration. You may reject this arbitration agreement by sending written notice within 30 days of the date you first accept these Terms. Email support@empti.com with the subject line "Arbitration Opt-Out," or write to the address in section 24, and include your name, address, and email address and a clear statement that you decline to arbitrate. Opting out affects only section 18; the rest of these Terms continue to apply, and opting out will not affect your ability to purchase or the service you receive. If you opt out, disputes will be resolved in court under section 19.

18.8 Changes to this section. If we materially change section 18 after you accept these Terms, the change will not apply to any dispute for which we had actual notice before the change, and you may reject the change by notifying us within 30 days of the revised "Last updated" date.

These Terms and any dispute between us are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict of law principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods.

For any dispute not subject to arbitration under section 18, you and Empti consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada, and each of us waives any objection to that venue on grounds of inconvenient forum.

To the extent permitted by law, any claim arising out of or relating to this site, these Terms, or any product must be brought within one year after the claim arose. Claims not brought within that period are permanently barred.

You consent to receive communications from us electronically — including order confirmations, shipping notices, invoices, legal notices, and changes to these Terms — by email or by posting to this site, and you agree that these satisfy any legal requirement that a communication be in writing. You consent to the use of electronic records and electronic signatures, and you agree that clicking to place an order or accept terms constitutes your signature.

Transactional messages about your orders are not marketing and you cannot unsubscribe from them while an order is open. Marketing email and SMS are sent only if you opt in, message and data rates may apply, and you can withdraw consent at any time using the unsubscribe link or by replying STOP to an SMS.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, carrier or utility failure, cyberattack, component or raw material shortage, supplier failure, or any change in law, regulation, enforcement posture, or government order affecting our products or their distribution. If such an event continues for more than 60 days, either of us may cancel the affected order, and our sole obligation is to refund amounts you paid for undelivered products.

Assignment. You may not assign or transfer these Terms or any order without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will stay in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later. A waiver is effective only if in writing and signed by us.

No third-party beneficiaries. These Terms create no rights in any person or entity other than you and us.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between us. You may not hold yourself out as an agent, distributor, or authorized representative of Empti without our written agreement.

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, returns and warranty policy, shipping policy, and any written order acknowledgement, are the entire agreement between us regarding this site and your purchases, and supersede all prior or contemporaneous understandings. Your purchase order terms, acknowledgements, or other documents are expressly rejected and have no effect, even if we do not object to them.

Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against either party as the drafter.

Export and sanctions. You agree to comply with all applicable U.S. export control and sanctions laws and not to export, re-export, or transfer products in violation of them.

Legal notices to us must be sent by email to support@empti.com and, for any Notice of Dispute, arbitration opt-out, DMCA notice, or other formal notice, also in writing to:

Empti, Inc.6125 S. Valley View Blvd. #ALas Vegas, NV 89118Attn: Legal

Notices to you will be sent to the email or postal address associated with your order or account, or posted on this site. For general questions, use our contact form.