PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER
. Effective date: August 09, 2015 Welcome to www.cloud-bawx.com. Please read on to learn the rules and restrictions of our website, products, and subscriptions. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected]
: Products included on www.cloud-bawx.com contain nicotine, a poisonous and addictive substance. Products included on www.cloud-bawx.com 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 use a product purchased from us and experience any side effects or possible side effects, stop using the product immediately and consult a physician. Products included on www.cloud-bawx.com (a) may be poisonous if orally ingested, (b) are not smoking cessation products and have not been tested nor guaranteed as such, (c) have not been evaluated by the Food and Drug Administration, (d) are not intended to treat, prevent or cure any disease or condition, and (e) should be kept out of reach of children and pets.
CALIFORNIA PROPOSITION 65 – WARNING
: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.
Will these Terms change
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.cloud-bawx.com website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms you will no longer be able to use the Services. If you use the Services after a change to the Terms is effective you agree to the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by you and us.
Terms of Sale
CloudBawx sells Services only to customers who are of legal smoking age only for their own personal, non-commercial use and not for resale or for any other commercial or business purpose. Subscriptions and all rights and privileges conferred are personal and non-transferable.
Pricing for Services, including individual purchases and subscriptions, is set forth on the CloudBawx website and confirmed on the final page of the checkout. In the event a Service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, CloudBawx shall have the right to refuse or cancel any orders placed for such Service listed at the incorrect price. CloudBawx shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CloudBawx shall immediately issue a refund to your credit card account in the amount of the charge. CloudBawx reserves the right to change prices for Services at any time.
Products are shipped by the United States Postal Service. The risk of loss and title for all purchased products pass to you upon delivery of such product to the carrier. CloudBawx does not guarantee the amount of time that it takes for any product to be delivered and is not responsible for any delay in shipping. You understand that factors such as weather, economic events, and/or global events can all cause delays. Additionally, CloudBawx is not responsible for any damage that occurs to any product while it is being shipped.
Basic use of Cloudbawx
You may be required to sign up for an account, and select a password and username (“CloudBawx User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your CloudBawx User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are of legal age to form a binding contract and of legal smoking age. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity) and that nobody at such organization or entity is under the legal smoking age. You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. Your use of the Services is subject to the following additional restrictions: You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that: 1. Infringes or violates the intellectual property rights or any other rights of anyone else (including CloudBawx); 2. Violates any law or regulation; 3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; 4. Jeopardizes the security of your CloudBawx account or anyone else’s (such as allowing someone else to log in to the Services as you); 5. Attempts, in any manner, to obtain the password, account, or other security information from any other user; 6. Violates the security of any computer network, or cracks any passwords or security encryption codes; 7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); 8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); 9. Copies or stores any significant portion of the Content; 10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
CloudBawx accepts credit card payments only. You agree to pay all fees charged to your account based on CloudBawx’s fees, charges, and billing terms in effect as shown on the payment page at the time that you place an order for Services. You are also responsible for paying any sales and other applicable taxes, duties and the like, as well as shipping and handling charges, that may apply to your purchase of Services. You authorize CloudBawx or a third party payment processing service provider that we engage to charge your credit card for any such taxes and charges. All payments shall be made by credit card in advance prior to shipping the Services. If you do not pay on time or if your credit card cannot be charged for any reason, CloudBawx reserves the right to not ship any Service and/or suspend or terminate your subscription, if applicable. All prices are quoted in US Dollars and all payments accepted must be in US Dollars. We, and our third party payment service provider, may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to us and our third party payment service provider at the election of your credit card issuer. Neither we nor our third party payment service provider is responsible for the distribution of your credit card information which is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
CloudBawx ships orders anywhere allowed by law. Free shipping is not available for our international customers. Shipping internationally will have a $35.00 shipping charge. Please check the laws applicable to your jurisdiction to ensure that your order will not be delayed, seized, or held at customs or couriers, or third party shipping entities. Please be aware that some countries will apply local duties, taxes, or tariff charges to your package and that you will be responsible for paying those fees. If your package is delayed or seized by customs, or if you choose not to pay the local duties, taxes, or tariff charges, CloudBawx is not responsible for issuing any refund, including your shipping charges.
After you sign up for a subscription service, your credit card will be charged immediately for your first months shipment. Your subscription will automatically renew for an additional one-month period on the same day of the month that you signed up, unless you specify a different recurring charge date. We will charge your credit card for the applicable subscription renewal fee and shipping and handling charges, if any, as well as sales and other applicable taxes, duties and the like, that may apply to your subscription.
You may cancel your subscription at any time. To cancel please send an email to [email protected]
This email must reference the email used as your login and state that you wish to cancel your subscription. Cancellation requests received prior to your charge date shall be effective that month and any such requests received on your charge date or after your charge date shall become effective in the following month.
CloudBawx subscribers automatically become members to the Cloudbawx site. CloudBawx reserves the right from time to time to change, update, alter or modify membership benefits to include items such as free shipping and discounts. Package sizes are based on 15ml and 30ml bottle sizes and not the volume of the liquid in the 15ml bottle or 30ml bottle. CloudBawx’s package size guarantee only applies to the sizes of the bottles shipped and not the volume of liquid that they contain. CloudBawx is not responsible for the volume of liquid as it is controlled by the manufacturers. CloudBawx will use commercially reasonable efforts to match the nicotine strength selected by each member. Since some manufacturers may use nicotine strengths that are different from that selected by a member, we will attempt to send those flavors which most closely match such member’s profile. Due to certain manufacture restrictions, some of the liquids that we ship cannot be requested. Promotional codes may or may not only apply to the first month’s subscription rate. Please see the promotion for details.
All sales on www.cloud-bawx.com are final. No products or Services may be returned and no refunds will be given.
Promotional discounts are not guaranteed on every product, as some manufacturers do not allow discounts. Promotional pricing is final as listed on the CloudBawx website. Free shipping only applies for orders which subtotal to $34.95 or more before any discount is applied.
The materials displayed on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (1) without the prior consent of the owner of that Content or (2) in a way that violates someone else’s (including CloudBawx’s) rights. You understand that CloudBawx owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
We’re always trying to improve the service we provide, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Whenever we make a significant change to the service we will try to give you notice. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
You’re free to do that at any time, by contacting us at [email protected]
Warranties, Indemnification, and Arbitration
Warranty Disclaimer. CloudBawx does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, INCLUDING PRODUCTS AND SERVICES PURCHASED OR OFFERED THROUGH THE SERVICES, AS WELL AS CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CLOUDBAWX LLC. BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CLOUDBAWX LLC. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold CloudBawx, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without CloudBawx’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Virginia, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Dickenson County, Virginia, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Dickenson County, Virginia, or the Western District of Virginia. Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that CloudBawx may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and CloudBawx agree that these Terms are the complete and exclusive statement of the mutual understanding between you and CloudBawx, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind CloudBawx in any respect whatsoever. You and CloudBawx agree there are no third party beneficiaries intended under these Terms