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Effective Date: May 29, 2012
eCigarettes365 may modify, suspend, amend, replace, or terminate this Agreement at any time and within its sole and absolute discretion. In the event eCigarettes365 modifies, suspends, amends, or replaces this Agreement, your continued use of the Website after said modification, suspension, amendment, or replacement constitutes your manifestation of assent to said modification, suspension, amendment, or replacement. eCigarettes365 reserves the right to terminate or discontinue the Website at any time in its sole and absolute discretion.
a. You warrant and agree that you a human individual that is age eighteen (18) or older that that you have the right and legal capacity to enter into this Agreement and adhere to its terms and conditions. You warrant that you will not use a bot, script, or other computer or machine, excluding search engine spiders that comply with eCigarettes365 robots.txt file, to access or interact with the Website. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
b. If you are using the Website on behalf of a third party, including but not limited to a business entity, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement.
c. eCigarettes365 is a service provider and makes no representations as to the safety, legality, accuracy, availability, prices, ratings, reviews, or effectiveness of products, or as to the truth or falsity of testimonials, displayed on the Website. You understand and agree that the content of the Website does not contain or constitute representations to be reasonably relied upon, and you agree to hold eCigarettes365 harmless for any errors, omissions, or misrepresentations contained within the Website's content. While eCigarettes365 undertakes efforts to ensure that coupon codes displayed or offered through the Website are accurate and up to date, eCigarettes365 makes no warranties or representations as to the accuracy or relevance of the coupon codes displayed on the Website.
d. eCigarettes365' Website may, from time to time, contain recommendations, opinions, advertisements, review, blog posts, testimonials, and comments that are sponsored by a third party. In the event a recommendation, opinion, advertisement, review, blog post, testimonial, or comment is sponsored by a third party, eCigarettes365 will disclose its relationship to that third party pursuant to Part 255 of the FTC's false advertising regulations.
e. eCigarettes365 may offer you a monetary incentive, such as a cash payment, in exchange for your submission of a truthful review of your purchase of electronic cigarettes ("Purchase Rebate"). In the event you participate in eCigarettes365' offering of a Purchase Rebate, you warrant that your review will be truthful and unaffected by the availability of a Purchase Rebate.
a. eCigarettes365 is the owner and/or exclusive licensee of the Website and its associated content, including but not limited to all intellectual property rights, rights of privacy or publicity, and all other personal proprietary rights.
b. The Website is protected by United States and international law, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement including, but not limited to, framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of eCigarettes365.
c. Subject to the terms of this Agreement, eCigarettes365 grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable, and royalty free license to use the Website for its customary and intended purposes. Use of the Website in violation of this Agreement will result in the immediate termination of this license. Your license to use the Website is revocable at any time, and any rights not expressly granted herein are reserved to eCigarettes365.
a. eCigarettes365 may provide you with the ability to submit user generated content to the Website, which may include, but is not limited to, reviews, ratings, comments, text, photographs, name, likeness, advertisements, listings, and media content (collectively "User Generated Content").
b. By submitting User Generated Content to the Website, you grant eCigarettes365 a non-exclusive, worldwide, royalty free, assignable, sublicensable, and irrevocable license to use your User Generated Content for the customary and intended purposes of the Website. These purposes may include providing third parties with the Website, backup of the Website, archival of the Website, license of the Website, or sale of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether or not you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
c. You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
d. eCigarettes365 reserves the right to decline to publish any review for any reason and in its sole and absolute discretion, including, but not limited to, for vulgar language, negative reviews from competitors, or false order numbers.
a. eCigarettes365 may provide you with a forum membership account and a wherein you may post text and other content to the Website. You hereby agree that you will provide eCigarettes365 with the most current, accurate, and complete information about yourself where requested by eCigarettes365 . You understand that you have an ongoing duty to continually update your personal information if and when it changes. You agree to keep your forums' membership account username and password secure from unauthorized access. You further agree that you are responsible for your registered forums' member account and that you take full responsibility for any and all actions that occur using your forums' membership account.
a. ECIGARETTES 365 and the ECIGARETTES 365 logo are common law or registered trademarks owned or licensed by eCigarettes365 . The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of eCigarettes365 . You are prohibited from using the trademarks or trade dress of eCigarettes365 , or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in meta tags, domain names, pay per click advertising, display advertising, or otherwise, without the prior written consent of eCigarettes365 . All other trademarks, trade names, or logos displayed on the Website are the property of their respective owners.
a. eCigarettes365 is a service and its Website may provide links to third party websites, goods, or services that eCigarettes365 does not own or control. eCigarettes365 will not be held liable or responsible for the inclusion of these links to third parties on its Website and its inclusion of these links within its Website does not constitute eCigarettes365's endorsement of, recommendation of, or affiliation with any goods or services.
b. You understand and agree that the eCigarettes365 participates in affiliate marketing programs and that its Website features links to third party goods. You further acknowledge that, in the event that you purchase goods or services from these third party websites, eCigarettes365 may receive a commission either on your purchase or on any issued rebate.
a. You expressly agree that you will not use the Website to violate any law, ordinance, statute, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
b. You are expressly prohibited from: (1) using any automated technology, such as a robot, spider, scraper, or script to access the Website; (2) imposing a disproportionate load on the Website or its servers; (3) circumventing any technological or security measures employed by eCigarettes365 ; (4) impersonating another person on the Website; (5) posting or transmitting content that is offensive, derogatory, defamatory, threatening, pornographic, obscene, or that encourages bodily harm or the destruction of property; (6) posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; (7) posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; (8) posting or transmitting content intended to collect personal or personally identifiable information from users or third parties; (9) leaving false or inaccurate reviews; and (10) modifying or unfairly increasing or decreasing reviews or rankings.
c. Your failure to comply with this section may result in the termination of your access to the Website, and eCigarettes365 reserves the right to terminate or suspend your access to the Website at any time and within its sole and absolute discretion.
a. You acknowledge and agree that eCigarettes365 is an interactive computer service provider under Section 230 of the Communications Decency Act. Though eCigarettes365 may edit, remove, or control the content displayed through the Website, you agree that eCigarettes365 will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the website or otherwise.
a. ECIGARETTES365 DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE. ECIGARETTES365 PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
b. ECIGARETTES365 WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. ECIGARETTES365 DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. ECIGARETTES365 RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
a. YOU ACKNOWLEDGE AND AGREE THAT ECIGARETTES365 WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT ECIGARETTES365 CAN BE HELD LIABLE TO YOU FOR UNDER ANY CIRCUMSTANCE IS $100. IF NO AMOUNT IS PAID BY YOU TO ECIGARETTES365, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
b. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE OR PROVINCE.
a. You agree to hold harmless, indemnify, and defend eCigarettes365, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend eCigarettes365 under the terms of this Agreement will not provide you with the right to control eCigarettes365's defense, and eCigarettes365 reserves the right to control its defense regardless of your contractual requirement to defend eCigarettes365.
a. You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. eCigarettes365 may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
a. This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against eCigarettes365 will be exclusively resolved through arbitration.
b. YOU AND ECIGARETTES365 AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN LOS ANGELES, CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND ECIGARETTES365 AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF CALIFORNIA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND ECIGARETTES365 AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
a. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
b. You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
d. The Website is not directed to persons under the age of eighteen (18) and eCigarettes365 will not knowingly collect personally identifiable information from children under the age of eighteen (18). If eCigarettes365 inadvertently collects personally identifiable information, eCigarettes365 will delete the personally identifiable information in accordance with its security protocols.
e. ECIGARETTES365 AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
f. All rights not expressly granted herein are reserved to eCigarettes365.
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