Effective Date: This Terms and Conditions is effective as of November 30, 2013 and was last updated on May 22, 2017.
Important Note: Our Terms and Conditions have been updated as of January 18, 2017. Please take the time to review this information in detail, as these changes will inevitably affect your account, information, services, membership, and use of our site. As always, we urge you to please vape responsibly and thank you for being an awesome member of the Vapebox family!
Agreement between user and www.VAPE-BOX.com.
Welcome to www.VAPE-BOX.com. The www.VAPE-BOX.com website (the "Site") is comprised of various web pages operated by LILAC WEB HOLDINGS, LLC ("LWH", "Lilac Web Holdings", "VAPEBOX", "Us", "We" or "Company"). These Terms and Conditions ("Agreement") are a legal agreement between you ("You", "Your", "User" Or "Customer") and Company, the operator of the Site. This Agreement states the Terms and Conditions that govern your use of the Site and the products and memberships sold on it. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Introduction and Purpose
The Site is a monthly membership program with the sole purpose of providing unique monthly-curated delivery of vaporizer e-liquids, hardware, and accessories to its members. You must be at least 21 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age. This Agreement states the Terms and Conditions that govern Your use of the Site and the products and memberships sold on it.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Strict Age Compliance and Verification
By using this website you warrant that you are at least 21 years of age and that you authorize us, our affiliates, or other third-parties we deem appropriate to confirm the accuracy of the information you will be required to submit against government-issued ID. We are not responsible in any way for the use, protection, misuse, breach, or damages resulting from any third-party used in the authentication of this information. If you are uncomfortable with the inherent risks involved in this process, you should not submit your information online and should contact us directly to make appropriate arrangements, if any.
CALIFORNIA PROPOSITION 65
WARNING: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.
WARNING: Products sold by in the Site contain nicotine, a poisonous and addictive substance. Products and accessories sold by in the Site are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or preexisting condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Products sold by in the Site may be poisonous if orally ingested. Products sold by in the Site are not smoking cessation products and have not been tested or guaranteed as such. Products sold or distributed by the Site have not been evaluated by the Food and Drug Administration nor is it intended to treat, prevent or cure any disease or condition. For their protection, please keep out of reach of children and pets.
By signing up for a Membership from the Site, you represent, acknowledge and agree that you are fully aware of the following warnings stated above and that you acknowledge and agree that you are at least 21 years of age or the legal smoking age.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Company. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Company. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
2. Registration
You must register for, and complete the registration process to use, this site. We will open a registered user account for you when you complete your registration. You will select or we may assign to you a user ID and password that will be identified with your account. Your user ID, password and date of birth are your credentials to give you access to this site. You must provide complete and accurate information about yourself during the registration process. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. We may suspend or terminate your access at any time with or without notice. You must be a consumer who is at least 21 years of age who is legally competent to enter into contracts. You may not have a user ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. All personal information provided via this site will be handled in accordance with this site's online Privacy Policy, which may be viewed anywhere on the site by clicking on the "Privacy Policy" link on the footer of the page.
3. Privacy
Your use of the Site is subject to LWH's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. To understand how we use information collected from you, please read our Privacy Policy.
4. Electronic Contracting, Passwords, Notices and Communications
Visiting the Site or sending emails to LWH 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.
Your affirmative act of registering for a user ID and password constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any notices or other communications regarding this site. We can send you electronically any notices or other communications to the email address that you provided to us during registration, or by posting any notices or other communications on this site. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive such notices or other communications electronically by canceling or discontinuing your VAPEBOX® membership and use of this site.
In order to receive notices or other communications electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any notices or other communications, if you so choose. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
5. Your Account and Passwords
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 LWH is not responsible for third party access to your account that results from theft or misappropriation of your account. LWH and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Us if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site. LWH does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 21, you are not permitted to use this Site with or without the permission of a parent or guardian.
You may only use your user ID and password to access this site from inside the United States. You understand that we may suspend or terminate your use of your user ID and password at any time for any or no reason. If access to your account is suspended or terminated, you acknowledge that you have no right to access this site. Notwithstanding such suspension or termination, the remainder of these Terms of Use shall remain in effect.
6. Site Membership
The Site is available to registered users who are 21 years and older and who have not been suspended or removed by Company for any reason (a “Member”). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice. Membership is void where prohibited by law.
7. The Monthly Subscription Contract Between You and VAPEBOX®
By purchasing a month-to-month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your subscription at any time, you must logon to your account or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Company may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Company reasonably could act.
VAPEBOX® operates on a month-to-month billing system. By subscribing to VAPEBOX®, you acknowledge that your subscription has an initial and recurring payment process. Subscribing means you accept responsibility for all recurring charges prior to cancellation. Your current subscription rate remains active until you cancel your subscription. By signing up and subscribing to VAPEBOX®, you are authorizing us to charge you on a monthly and recurring basis.
8. Access Costs, Equipment and Software
You must provide at your own expense the equipment and Internet connections that you will need to access this site. This site may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use this site.
9. Links to Third-Party Websites and Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of LWH and LWH 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. These links are provided solely as a convenience to you and not as an endorsement by LWH of the contents of such third-party websites. The inclusion of third-party website links in no way indicates endorsement, affiliation, or association between LWH and the owners and/or operators of such third-party websites, unless specifically stated otherwise. LWH is not responsible for the content of linked third-party websites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any linked site.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that LWH may share such information and data with any third party with whom LWH has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
You will be able to connect your LWH account to third party accounts. By connecting your LWH account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
10. Use of Material from this Site
All contents of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on this site (collectively, the "Materials"), are the property of and owned by LWH or its licensors, and is protected by copyright, trademark and other laws of the United States. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.
In circumstances where certain areas of the site expressly provide that you are authorized to use Materials from the site outside of the site, your authorized use is limited solely to your own personal, noncommercial purposes. Your use of the Materials for personal, noncommercial purposes prohibits you from displaying, publishing, publicly performing, transmitting, broadcasting, distributing or otherwise making available to any third party such Materials, even without charge, or authorizing, encouraging, providing or allowing any of the Materials used or obtained by you to be used, reproduced, copied, modified, displayed, adapted, published, translated, publicly performed, reverse engineered, transferred, transmitted, broadcast, distributed, licensed, sold, given or otherwise used by any third party. In every case, LWH reserves the right to further restrict or revoke your authorization to use the Materials and to bring whatever legal action it deems necessary to enforce these Terms of Use.
11. Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and right to grant a license to use any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, fraudulent, obscene or threatening; infringing on third parties' intellectual property rights, including but not limited to trademark, copyright or patent rights, right of publicity, right of privacy, trade secret or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site.
By submitting any material to this site, and unless we indicate otherwise, you acknowledge that you have granted LWH and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, copy, modify, display, adapt, publish, translate, create derivative works from, publicly perform, reverse engineer, transfer, transmit, broadcast, distribute, license, sell, give or otherwise make available such content throughout the world in any media. You grant LWH and its affiliates the right to use, non-materially alter or omit the name you submit in connection with such content. All personal information provided via this website will be handled in accordance with the site's online Privacy Policy. You represent and warrant that you have the full right, power and authority to enter into and perform this Agreement, and have secured all third-party consents, licenses, waivers and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in the content; that the content is true, accurate, current and complete; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify LWH and its affiliates for all claims resulting from content you supply.
12. Refund Policy
Company doesn't have a refund policy. Once you are billed for the upcoming month, it is final. There will be no refunds. All sales done by Company and the Site are final.
13. Cancellation Policy
You may cancel your subscription at anytime by logging into your account. Then head over to your dashboard, go into the “Manage Subscription” tab and just hit "Cancel".
Company is not liable for products that are damaged or lost during the transit from Us to You. If you are dissatisfied with the Product for any reason, contact Us so that we can remedy the issue.
14. Shipping
Shipping dates are estimates only. All shipments are sent First-Class & Priority via the United States Postal Service. Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Please Note: The actual shipping time may vary depending on the third-party shipping companies that we ship with. We are not responsible for any delays incurred on their end. VAPEBOX® generally ships at the beginning of every month. For International shipments, additional shipping prices are appended onto the subscription total.
Adult signature will be required on all shipments. There will be no exceptions.
15. Trademarks
The VAPEBOX® logo and the VAPEBOX® subscription service are registered trademarks of the Lilac Web Holdings, LLC. VAPEBOX® trademarks may not be used in connection with any product or service that is not VAPEBOX's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits VAPEBOX®. Other products or company names used on this website may be trademarks of their respective owners.
16. Intellectual Property and Proprietary Rights / No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LWH 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. You are strictly prohibited from, without limitation:
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 LWH 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. LWH 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 LWH 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 LWH or our licensors except as expressly authorized by these Terms.
We respect the intellectual property rights of others, and we request that our visitors do the same. This Site may include user-submitted materials, and we cannot and do not monitor all of the material submitted to the site.
By using the Site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content.
Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the site, and to reject, delete, disable or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third-parties or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable or remove any content at any time, for the reasons set forth above, for any other reason or for no reason.
If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify Us of your copyright infringement claim in accordance with the following procedure. We will process such notices and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). If you believe your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our legal team’s lead counsel at RBNM Group, whom can be reached at:
Ryan Nori, Esq.
General Counsel
VAPEBOX
20758 Carrey Road
Walnut, CA 91789
T: 213-986-7266
E: [email protected]
Please include all of the following in your notification:
17. International Users and Jurisdiction
LWH is a limited liability company formed in the state of California within the United States of America, and this site is operated in the United States. The laws of the State of California govern these Terms of Use and your use of this site, and you irrevocably consent to the jurisdiction of the courts located in the State of California for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of California and of the United States. If any material on this site, or your use of this site, is contrary to the laws of the place where you are when you access it, this site is not intended for you, and we ask you not to use this site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
The Site is controlled, operated and administered by LWH from our offices within California. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the LWH Content accessed through www.vape-box.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Visitor or user access to www.vape-box.com is governed by all applicable federal, state, and local laws. All information available on www.vape-box.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
18. Product Warranties
VAPEBOX® is not responsible for any product warranties for the products included in our monthly shipments. Product warranties only exist if the manufacturer provides it. However, VAPEBOX® will gladly replace the products if damaged by us during our packaging stage.
19. Disclaimers
Agree that we are not liable for content that is provided by others. We have no duty to prescreen content that is submitted by third parties (including you) to this site, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. This website is provided “as is” without any representations or warranties, express or implied. Company makes no representations or warranties in relation to this website or the information and materials provided on this website. Changes are periodically made to the site and may be made at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LWH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LWH OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. LWH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
20. Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LILAC WEB HOLDINGS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LILAC WEB HOLDINGS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LILAC WEB HOLDINGS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL ANY VAPEBOX® PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A VAPEBOX® PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LILAC WEB HOLDINGS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE , WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE , OR OTHERWISE ARISING OUT OF THE USE OF THE SITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LILAC WEB HOLDINGS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE , OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
THEREFORE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER LWH NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. Indemnification
You agree to indemnify, defend and hold harmless LWH, 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. If you cause a technical disruption of this site or the systems transmitting this site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. LWH 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 LWH in asserting any available defenses.
22. Arbitration
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.
23. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations 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 Employer 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.
24. Termination/Access Restriction
LWH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LWH as a result of this agreement or use of the Site. LWH's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LWH's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LWH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LWH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LWH with respect to the Site. It is the express wish to the parties that this agreement and all related documents be written in English.
LWH reserves the right the cancel your subscription if we deem that your account has incorrect information. We reserve the right to refuse, cancel, and refund your service if it comes to our attention that a subscriber is underage. We reserve the right to refuse, cancel, and refund your service at our discretion. We have a zero-tolerance policy towards underage subscribers.
If you do not agree with any of our aforementioned policies or terms and conditions, please refrain from using our website, subscription service, and exit this webpage.
25. Changes to Terms
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on this site. The most current version of the Terms will supersede all previous versions. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes. LWH encourages you to periodically review the Terms to stay informed of our updates.
26. Miscellaneous
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place. A waiver of any term or condition of these Terms of Use in one or more instances will not constitute a permanent waiver of the term or condition or any other term or condition of these Terms or a general waiver. These Terms constitute the entire agreement and understanding between you and LWH with respect to use of the site, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. Contact Us
VAPEBOX® welcomes your questions or comments. For general inquiries you may contact us at [email protected].
Should you have any questions regarding these Terms or other legal inquiries, you may contact our legal team’s lead counsel at RBNM Group, whom can be reached at:
Ryan Nori, Esq.
General Counsel
VAPEBOX
20758 Carrey Road
Walnut, CA 91789
T: 213-986-7266
E: [email protected]
Effective Date: This Terms & Conditions is effective as of November 30, 2013 and was last updated on January 18, 2017.