Terms and Conditions
In General ShopWaterCloud.com (WaterCloud Vapor Company). “ShopWaterCloud.com (WaterCloud Vapor Company)” owns and operate this Website. This document governs your relationship with ShopWaterCloud.com (WaterCloud Vapor Company) (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and ShopWaterCloud.com (WaterCloud Vapor Company) will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with ShopWaterCloud.com (WaterCloud Vapor Company) you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ShopWaterCloud.com (WaterCloud Vapor Company) retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be ShopWaterCloud.com (WaterCloud Vapor Company) or may in some cases be a third party. Where a contract is made with a third party ShopWaterCloud.com (WaterCloud Vapor Company) is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ShopWaterCloud.com (WaterCloud Vapor Company) and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect ShopWaterCloud.com’s (WaterCloud Vapor Company’s) liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with ShopWaterCloud.com (WaterCloud Vapor Company) and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ShopWaterCloud.com (WaterCloud Vapor Company).
You agree to indemnify, defend and hold harmless ShopWaterCloud.com (WaterCloud Vapor Company), its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
ShopWaterCloud.com (WaterCloud Vapor Company) shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website. ShopWaterCloud.com (WaterCloud Vapor Company) has the right to change these “Terms & Conditions,” at any time; make sure to look over these terms and conditions carefully before you make any purchase.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
REFUND & RETURN POLICY
Please check our separate section in regards to our refund and return policy. There is a separate link on the home page. By purchasing anything through this website, you must be aware of our return policy. Manufacturers of products may offer additional warranties; ShopWaterCloud.com (WaterCloud Vapor Company) is not responsible for any defects and/or damaged products that may arrive. We inspect each any every product for any possible damage to packaging before it is shipped out. This being said, our Return Policy goes into further detail on the ways we offer replacement devices as well as the requirements that need to be met. Make sure to
Most items are in stock and ready to ship. If you order an item that is not in stock, we will notify you with an ETA, at which time you will have the option to cancel your order. You will be notified via email with tracking information when your order ships out. All shipment dates are approximate. We are not responsible for early shipping or any shipping delays.
ShopWaterCloud.com (WaterCloud Vapor Company) is required by law and committed to preventing sales to anyone under the legal purchasing age for any of our products. When you place an order, your name and address are used to confirm your identity and age. This process only must be done once. In some cases we might be unable to verify your age during check-out and will need you to provide alternate information to complete your order.
ShopWaterCloud.com (WaterCloud Vapor Company) deploys AgeChecker.net’s Verification services to perform these checks. AgeChecker.net, an industry leader in age verification, uses billions of records from multiple trusted and secure data sources to verify the information that you provide and ensure that you qualify to access and purchase products from ShopWaterCloud.com (WaterCloud Vapor Company). This process has been developed with privacy in mind and age verifications are secure with detailed information neither shared nor accessible. It is our commitment to ensure timely and expedient service, and refusal to utilize these services will result in cancellation of your order.
Disclaimer: We reserve the right to use third party age verification systems, in accordance with federal law. If necessary, we reserve the right to ask for identification if necessary. You must be legal smoking age for the state in which you reside to obtain and use a credit card and to purchase electronic cigarette products. In instances in which credit card verification is not enough, we may require to review your identification card. You will be asked to fax or email a legible copy of your identification clearly showing your age and shipping address. We will require a signed authorization note along with a legible copy of your identification card. We will cancel the order if proper identification cannot be given in an appropriate amount of time. All fraudulent orders may be reported to the local authorities within your vicinity.
Advanced User Items. Use at Your Own Risk!
NOTE: There is an inherent risk with the use of any and all rechargeable batteries in any circumstance. ShopWaterCloud.com (WaterCloud Vapor Company) is not responsible for damage if there is any modification of the batteries/chargers in any form or shape (including pack making). ShopWaterCloud.com (WaterCloud Vapor Company) is not responsible for any damage caused by the misuse and/or mishandling of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable batteries and chargers.
Use special caution when working with Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells, as they are very sensitive to charging characteristics and may explode or burn if mishandled. Make sure the user has enough knowledge of Li-Ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells in charging, discharging, assembly and storage before use. Always charge in/on a fire-proof surface. Never leave charging batteries unattended. Do not use any rechargeable battery as well as any battery charger if any visible damage is present, as well as if the cell or charger has been stressed through mishandling, accidental or otherwise, even if damage may not be visible. Always store and transport rechargeable cells in a safe, non-conductive container in a controlled environment. Dispose of all battery cells and chargers in accordance to local laws and mandates.
ShopWaterCloud.com (WaterCloud Vapor Company) will not be held responsible or liable for any injury, damage, or defect, permanent or temporary that may be caused by the improper use of a Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable battery/batteries. Please have a basic understanding of the batteries you are using and how to care for them properly.
NOT FOR SALE TO MINORS | E-Liquid ordered from the ShopWaterCloud.com (WaterCloud Vapr is for Adult Use Only and may contain some or all of the following ingredients (Propylene Glycol and/or Vegetable Glycerin, Nicotine, Distilled Water, Alcohol, and Flavorings). If you are allergic to any of the E-Liquid ingredients listed above, are pregnant or breast feeding, have high blood pressure or a heart condition, diabetes or asthma please consult your Physician first before using any E-Liquid products. (CALIFORNIA PROPOSITION 65) Warning: Nicotine is a highly addictive substance and is known by the state of California to cause birth defects or other reproductive harm. E-Liquid is not intended for oral ingestion or prolonged contact with skin, eyes, or mucus membranes. Please keep all E-Liquids out of reach of children or pets for their safety. Flawless will not be held liable for injuries resulting from the use or misuse of any E-Liquid product sold on this website. USE ALL PRODUCTS ON THIS SITE AT YOUR OWN RISK!
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ShopWaterCloud.com (WaterCloud Vapor Company). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director/Owner of ShopWaterCloud.com (WaterCloud Vapor Company).
We cannot guarantee that a product’s color will match exactly what you see on your computer screen, as all screens are different. If you are unsure of how a product will look in real life, we encourage you to contact us for more information before placing your order.
Customers may cancel an order at any point prior to shipment. If an item has already been processed for shipment, cancellation is no longer an option. Unfortunately, we are unable to cancel custom-made and special-order items.
AgeChecker.Net User Terms of Service
Last Modified: October 26th, 2016
These terms of service (the “Agreement”) govern the submission of personally identifiable information and other information (the “Information”) by you (“User”) to Lion Industries International Inc. (hereinafter, “Company”; “we” or “our”) for its AgeChecker.Net service to a third party to whom User wishes to verify User’s identity and/or age (the “Service”) to our customer (the “Merchant”). The parties understand and agree that User wishes for Company to provide the Service to the Merchant to facilitate a transaction with the Merchant that User wishes to conduct and that Company is only willing to do so subject and in consideration of User’s covenants in this Agreement. Please carefully read them before submitting Information.
User may submit the Information to us to perform the Service for the Merchant only in compliance with this Agreement and only if User has the power to form a contract with AgeChecker.Net and is not barred from doing so under any applicable constitutions, laws, ordinances, principles of common law, codes, regulations, statutes or treaties and all applicable orders, rulings, instructions, requirements, directives or requests of any courts, regulators or other governmental authorities (“Law”). User may not access the Service if User is under 18 years of age. By agreeing to this Agreement, User is representing to us that User is over 18.
Capitalized terms in this Agreement have the meanings assigned to them in Section 10 and elsewhere in these this Agreement, unless the context otherwise requires, which meaning will be equally applicable to both the singular and plural forms of such terms. In this Agreement, unless a clear contrary intention appears (a) ”Section” refers to sections of this Agreement; (b) ”including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, and (c) any provision for Company’s consent or approval allows Company to grant or withhold its consent or approval in its sole and absolute discretion.
- Use of Information.
- User Obligations.
User may submit the Information to us to perform the Service for the Merchant only conditioned on User:
(a) providing Company with all information reasonably necessary for Company to provide the Service;
(b) ensuring that User and User information sent to the Platform is accurate, complete, not corrupted by User’s systems, and in the form agreed to by Company;
(c) otherwise performing User’s obligations under this Agreement; and
(d) complying with all applicable Law.
- Intellectual Property Rights; Data.
4.1 Platform. Company owns and will retain all right, title and interest in all Intellectual Property Rights embodied or fixed in, or otherwise pertaining to Company’s website, plugins and other software and other methods provided to submit Information or to perform the Service (the “Platform”). Company does not grant, and User does not receive or possess, any right or interest in any of Company’s Intellectual Property Rights, or any other type of right or interest, whether an economic, property or moral rights interest in the Platform. User is prohibited from copying or otherwise reproducing or attempting to reproduce the Platform. User agrees not to modify, disassemble, decompile, reverse engineer, create derivative works of the Platform.
4.2 Data.As between Company and User, all Information belongs to User, provided that Company has the right to use User Data for the purpose of performing the Service for the Merchant, including disclosing the Information and any resulting identify or age verification information to the Merchant, and exercising its rights under this Agreement, and for improving the Services. Company also may aggregate User Data with that of other customers for the sole purpose of analyzing and improving Company’s services to all customers, so long as Company does not in the process disclose to any third parties User Data in a manner that is personally identifiable to a User, or to User.
4.3 Reservation of Rights.Each party does not grant, and hereby expressly reserves onto itself, all rights not granted in this Agreement.
4.4 Injunctive Relief.User agrees that any breach by User of this Section 6 is likely to cause irreparable injury for which Company would have no adequate remedy at law. Therefore, in the event of such a breach or threatened breach, Company will be entitled to seek injunctive relief, without limiting any other rights or remedies that may be available to it and User agrees to waive any requirement for the securing or posting of any bond in connection with any Company efforts to seek injunctive relief in accordance with this Section 4.4.
- Representations, Warranties and Covenants.
5.1 Authority.User represents, warrants and covenants to Company that it has full power and authority to enter into this Agreement, to carry out its obligations under this Agreement and to grant the rights and licenses granted by it to Company pursuant to this Agreement.
5.2 Approval.User warrants to Company that it has and will have at all times during the Term all licenses, approvals, qualifications, permits or certificates required in respect of the delivery of all Information provided pursuant to this Agreement.
5.3 Compliance with Law. User represents, warrants and covenants to Company that in connection with all actions under this Agreement, it will comply with all applicable Law, including all Law related to privacy.
5.4 Conflicting Obligations. User represents, and warrants to Company that it has no outstanding agreement or obligation which is in conflict with any of the provisions of this Agreement, or which would preclude it from complying with the provisions hereof, and further agrees that during the Term it will not enter into any such conflicting agreement.
5.5 Cooperation.User will provide Company with access to, and use of, all information, data, documentation and other materials reasonably necessary for Company to fulfill its obligations under this Agreement.
5.6 Content Warranties. User represents and warrants that all Information provided to Company is true, accurate and complete in all respects and that User has the Intellectual Property Rights, permission or proper authority necessary to allow the Information to be used through the Platform in provision of the Service to the Merchant without infringing the Intellectual Property Rights or other rights of any third party; and, if applicable, User has paid or will pay any royalty, license fees and all other properly imposed fees associated with the Information to a third party having the relevant Intellectual Property Rights.
User will defend, indemnify, save, and hold Company and its Affiliates, officers, employees, agents, suppliers or licensors harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, costs of investigation, and the amount of any settlements, asserted against Company and them that may arise or result from (a) User’s access to the Services or the Platform, (b) User’s breach of any representation, warranty or covenant in this Agreement, (c) User’s negligence, willful misconduct or violation of applicable Law, (d) any User Content or User Data, or (e) any disclose of personally identifiable information or other confidential information in violation of third-party rights or applicable Law except if solely attributable to a willful violation of applicable Law by Company.
- Limitations and Disclaimers.
7.1 Limitation of Liability.EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, EVEN IF SUCH PARTY WILL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS. EXCEPT FOR USER’S OBLIGATIONS UNDER SECTIONS 6, 7.3 AND 9.10, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED $1,000.
7.2 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND SERVICES AND USER’S ACCESS THERETO. USER WAIVES ANY AND ALL WARRANTIES THAT MAY BE IMPLIED BY LAW, INCLUDING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS MADE REGARDING THE RESULTS OF THE SERVICES OR PLATFORM, OR THAT USE OF THE SERVICES OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN THE SERVICES OR PLATFORM WILL BE CORRECTED, OR THAT THE SERVICES OR PLATFORM’S FUNCTIONALITY WILL MEET ANY REQUIREMENTS. USER IS RESPONSIBLE FOR AND MUST PROVIDE ALL HARDWARE, SOFTWARE, SERVICES AND OTHER COMPONENTS NECESSARY TO ACCESS THE SERVICES, OTHER THAN THE PLATFORM. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT USER’S HARDWARE, SOFTWARE AND OTHER SERVICES AND SYSTEMS WILL BE COMPATIBLE WITH THE PLATFORM OR SERVICE. COMPANY WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO USER’S COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM USER’S ACCESS TO THE SERVICES OR PLATFORM. Some states do not allow the types of disclaimers in this Section 7.2, so they may not apply to you.
7.3 Third-Party Services.Links from the Platform to external websites (including external sites that are framed by the Company’s website) or inclusion of advertisements do not constitute an endorsement by Company of those sites or the content, products, advertising and other materials presented on those sites or of the products and services that are the subject of those advertisements, but are for User’s reference and convenience. User accesses such sites or the products and services that are the subject of those advertisements at User’s risk. It is User’s responsibility to evaluate the content and usefulness of the information obtained from other sites. Company does not control those sites, and is not responsible for their content. Company provision of links to third-party sites does not mean that Company endorses any of the material on those sites, or has any association with their operators. User further acknowledges that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by this Agreement. Company expressly disclaims any liability derived from the use and/or viewing of links that may appear on the Platform. User agrees to hold Company harmless from any liability that may result from the use of links that may appear on the Platform.
- Term and Termination.
The Company reserves the right to terminate this Agreement in the Company’s discretion at any time for any reason or no reason and to suspend or terminate any User access to the Platform or Service, all without notice to User. The provisions of this Agreement will survive and continue in full force and effect after any termination or expiration of this Agreement.
9.1 Assignment.User will not assign, transfer or delegate its rights or obligations under this Agreement to any third party without Company’s prior written consent. For the purposes of this Agreement, any sale or transfer by User of all or substantially all of its stock or assets or by merger or otherwise by operation of law is considered an assignment, requiring Company’s express written consent. Company may freely assign this Agreement or transfer any of its interest herein, including to any Company Affiliate, to a purchaser of all or substantially all of Company’s assets, and to a successor in interest of Company as part of a corporate reorganization, consolidation or merger. This Agreement and each of the provisions hereof will inure to the benefit of and be binding on each party’s successors, administrators and permitted assigns.
9.2 Severability.If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
9.3 Entire Agreement; No Reliance.This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter, and this Agreement merges and supersedes all prior agreements, discussions and writings with respect to its subject matter. Each party represents that it has not relied on any representations made by the other party or its representatives or on any descriptions, illustrations or specifications contained in any physical or digital text including websites, proposals, catalogues or other publicity material. Each party has relied only on the express terms of this Agreement, and not on any representations of the other party not set forth herein, nor on any other documents or materials of the other party not expressly made a part hereof.
9.4 Force Majeure.Neither party will be held responsible for any delay or failure in performance of any part of this Agreement (with the exception of any obligation to make payments to the other party hereunder) to the extent such delay or failure is caused by fire, flood, explosion, war, terrorism, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, inability to secure material or transportation facilities, acts or omissions of carriers, power outages, computer failures, or by any other causes beyond its control whether or not similar to the foregoing.
9.5 No Waiver.The waiver, modification, or failure to insist by a party on any of the provisions of this Agreement will not void, waive, nor modify any of the other provisions nor be construed as a waiver or relinquishment of such party’s right to performance in the future of any such provision.
9.6 Relationship of the Parties.The relationship of the parties under this Agreement is one of independent contractors, and no agency, partnership, employment, joint venture or similar relationship is created hereby. Except as specifically authorized, neither party will have any authority to assume or create obligations on the other party’s behalf, and neither party will take any action that has the effect of creating the appearance of its having such authority.
9.7 Notices.Any notice required or permitted under this Agreement will be given in writing by personal delivery, by USPS Priority Express Mail, by nationally recognized overnight delivery service (e.g. UPS), or e mail. Any notice will be deemed received on the earlier of the date of actual delivery or the date on which delivery is refused, regardless of whether the party has vacated the physical address or discontinued the e-mail address. The notice address and e-mail address for User will be the last address and e-mail address on record with Company as modified by User through the Platform from time to time. The notice address for Company will be 24 Hollywood Blvd SW, Suite 5 Fort Walton Beach, FL 32548 and the e-mail address for Company will be [email protected], as reflected in this Agreement as modified form time to time, pursuant to its terms.
9.8 Third Party Beneficiaries.This Agreement does not and is not intended to confer any rights or remedies on any person or entity other than the parties hereto.
9.9 Amendment.Company may revise this Agreement from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material Company may, but have no obligation to, notify User, including by postings to relevant Company blogs, so please check those pages regularly. By continuing to access or use the Platform and Services after revisions become effective, User agrees to be bound by the revised terms. If User does not agree to the new terms, User must cease using the Platform and Services and send Company a request to [email protected] to delete User’s Information.
9.10 Governing Law; Arbitration. Any disputes between the parties arising out of or relating to the Agreement (“Disputes”) will be governed by Florida law regardless of Customer’s location and notwithstanding of any conflicts of law principles. Except for Disputes relating to Intellectual Property Rights, any Disputes will be resolved exclusively by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Fort Walton Beach, Florida, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. If there is more than one Dispute between the parties, all such Disputes may be heard in a single arbitration under this Section 11.10. Except to the extent required by applicable Law that cannot be waived or modified by this Agreement, Disputes under this Agreement may not be consolidated into a single arbitration proceeding with disputes between the Company and other persons, even if those disputes are governed by an arbitration proceeding similar or identical to this Section 11.10 and even those other persons are similarly situated and their disputes are similar or identical in the nature to a Dispute under this Agreement.
The following terms will be defined as set forth below for purposes of this Agreement:
“Access Credentials” means the secure method by which Company provides User, generally through User’s own computer systems, access to control the Platform.
“Affiliate” means, in respect of a party, any company or other business entity controlled by, controlling, or sharing common control. For the purposes of this definition, “control” will mean the direct or indirect power to direct or cause the direction of the management and policies of a company or other business entity, whether through ownership of 50% or more of the voting interest, by contract, or otherwise.
“User Content” means any material or information provided to Company by or on behalf of User as part of the Services.
“Intellectual Property Rights” means all copyrights fixed in any medium now known or hereafter discovered, including copyrights in computer programs, pictorial works, audiovisual works, literary works, musical works, sound recordings, motion pictures and the like; patents, trademarks, trade names, trade secrets, design rights, design models, database rights and topography rights, all rights to bring an action for passing off, rights of privacy or publicity, and any other similar form of intellectual rights in intangible property or proprietary rights, statutory or otherwise, whether registered or not, and whether applied for or not, all rights to apply for protection in respect of any of the above rights and all other forms of protection of a similar nature or that relate to intangible property, ideas or expression, as they may exist anywhere in the world.
“User Data” means any personally identifiable information of User submitted by User through the Platform for use in providing the Services.
Last Modified: November 22nd, 2016
- Information we collect
We collect information in two ways, directly from your input into the Platform, and automatically through the Service.
- Information provided by you
The verification process requires you to submit Information in order to verify your age and identity (the “Verification Process”). We collect any information you provide to us by filling in forms on our Platform.
The information listed below is used to complete the Verification Process. Usually we are able to complete the Verification Process by collecting the following information:
- Your first and last name.
- Your date of birth.
- Your address, including city, state, zip/postal code, and country.
In the event that we are unable to verify you using this information, we will collect a picture of your federally recognized photo I.D., such as your driver’s license (an “ID”). To send us your ID, you can upload a file from your computer or take a picture within your browser if it is supported.
If you choose to use your mobile phone to complete the Verification Process, we will collect your phone number in order to send you a link to continue the Verification Process.
- Information collected automatically
We collect non-personally identifiable information automatically for the primary purpose of customizing the Platform and Service, understanding how they are used, and preventing misuse.
For example, when you use access the Platform, we automatically record information from your device, its software, and your activity using the Platform. This may include, but is not limited to the date and time of your access to the Platform, your device’s internet protocol (“IP”) address, browser type, the web page visited before you came to our website, locale preferences, identification numbers associated with your devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning files included in the Information submitted to us, and other interactions with the Platform.
Some devices allow applications to access real-time location-based information (for example, GPS or sensor data from your device that may provide information on nearby Wi-Fi access points and cell towers). We do not collect such information from your mobile device at any time as of the date this policy went into effect, but may do so in the future with your consent to improve the Service. Some of the information we collect from a device, for example IP address, can sometimes be used to approximate a device’s location. Finally, some browsers share your location information (either the location registered with your account or gleaned from other geo-location methods) with sites you visit and we may obtain location information about you in this way. If you do not wish us to receive this information, please configure your browser not to share it.
- Use of your Information
The information collected through the Verification Process is used for the Verification Process, to communicate with you, and to customize your experience. We may retain all information collected in order to facilitate future Verification Processes, with the exception of your ID, which is deleted as soon as the Verification Process is complete. If you do not wish us to retain your personally identifiable information, you can send an e-mail to [email protected] to request that we delete that information from our records. We may, however, retain your information even if you instruct us to delete it, if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse or enforce the Agreement. Information stored in routine backups may also be retained for the period those backups are retained in the ordinary course of business.
- Sharing or Disclosing your Information
Your Information may be disclosed to our employees, vendors, contractors, consultants and other service providers who need access to such information to carry out work on our behalf, at our direction and subject to the terms of this policy, including a third-party identity verification provider. The results of the Verification Process, as well as some or all of your Information may also be shared with the Merchant as part of the Verification Process. We also may share your information with your consent and at your direction.
If you submit a photo ID to our Service, it will be deleted as soon as the Verification Process is complete and will not be shared with any person except for our authorized employees or contractors.
Automatically collected non-personally identifiable information may be aggregated and disclosed without restriction. We may share aggregated, non-personally identifiable information publicly. For example, we may share information publicly to show trends about the general use of the Service with the press, in our marketing materials or with our business partners. We may collate or connect non-personally identifiable information with your personal information, in which case the resulting personally identifiable information will be treated as personal information.
We use reasonable methods, consistent with industry practices, to protect the confidentiality of your information, including administrative, physical and technical methods. Information you submit to or receive from our Service is sent using an encrypted TLS (SSL) connection.
No method of transmission over the internet is completely secure, therefore we cannot guarantee the security of your information.
- Third-Party Sites
- Our Policy Toward Children
The Service is not directed or available to persons under 18. We do not knowingly collect information from children under 18. If a parent or guardian becomes aware that his or her child has submitted Information in violation of our policies and has provided us with information without their consent, he or she should contact us at [email protected] If we become aware that a child under 18 has provided us with Information, we will take steps to delete that Information from our records, subject to any retention reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse or enforce the Agreement.
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.
- Contacting Us