Terms Of Use

BMNT VAPOR COMPANY TERMS OF USE

Please review the following Terms of Use (hereinafter “Terms”) as the terms and conditions stated hereunder are a legally binding contract between you (hereinafter “you” or “your” or “User”) and BMNT Vapor Co., a California corporation (hereinafter “BMNT Vapor” or “our” or “we” or “us”) pertaining to the access and use of the services, information, and content accessible from http://venicevaporlab.com (collectively the “Website”). These Terms apply exclusively to your access to, and use of, the Website and do not alter in any way the terms or conditions of any other agreements you may have with BMNT Vapor, doing business as Venice Vapor Lab. Your access to and use of the Website is subject to the express condition that you accept, without modification, and abide by these Terms. BMNT Vapor reserves the right to change the Terms any time by posting revised Terms on the Website and such amended Terms will be binding upon you, and your continued use of the Website after the posted changes will constitute your acceptance of the Terms.

COPYRIGHT

Unless otherwise indicated, all website materials, including, without limitation, text, the BMNT Vapor name and logo, and all designs, text graphics, images, videos, and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of BMNT Vapor or its licensors. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of BMNT Vapor – is strictly prohibited.

TRADEMARKS AND INFRINGEMENT

The BMNT Vapor name and logo, and any proprietary product or service names and/or images contained on this website are either trademarks or registered trademarks of BMNT Vapor or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BMNT Vapor. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of BMNT Vapor, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BMNT Vapor. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

If you believe that any material on this website infringes upon any copyright or trademark that you own or control, or that any link on this website directs users to another website that contains material that infringes upon any intellectual property which you own or control, you just send a notification of such infringement to info@venicevaporlab.com.

Please provide the following with your notice:

a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

BMNT Vapor will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and the World Intellectual Property Organization Copyright Treaty.

OTHER TERMS AND AGREEMENTS
BMNT Vapor may post additional terms of use and/or terms of a sale, including but not limited to refund policies and payment information, on its website and/or at a point of sale. Such terms are incorporated herein and fully enforceable.

DISCLAIMER

THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BMNT VAPOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BMNT VAPOR DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT BMNT VAPOR OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BMNT VAPOR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BMNT VAPOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.

BMNT Vapor reserves the right to change any and all content contained on this website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BMNT Vapor.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BMNT VAPOR OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, OR INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BMNT VAPOR, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PET RUSH’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BMNT VAPOR (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE BMNT VAPOR WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BMNT VAPOR FOR ACCESS TO OR USE OF THIS WEBSITE OR OTHER SERVICES.

DISPUTE RESOLUTION

Scope. Any and all controversies, claims or disputes arising out of or related to this Agreement or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, and the determination of the scope or applicability of this agreement to arbitrate, except as set below, shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder:

Choice of Forum. In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final, confidential, and binding arbitration. The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator

Applicable Law. The arbitrator shall follow California law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of the Los Angeles County Superior Court. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in California. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.

Miscellaneous. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in California.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise indicated, BMNT Vapor or its licensors holds the copyright to all materials on the Website, including without limitation, photographs, text, graphics, logos, icons, images, content, sound recordings, audio/visual clips and design (collectively, the “Materials”). Additionally, BMNT Vapor owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Website, unless otherwise noted. Without the explicit consent of BMNT Vapor, no Materials from the Website (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of Materials contained on the Website may violate copyright, trademark and other laws. BMNT Vapor retains all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of BMNT Vapor or any third party.

You may make a single copy of the Materials displayed on any page of the Website for personal and noncommercial uses which do not harm the reputation of BMNT Vapor, provided that you include attribution and do not remove any legal notices, including any trademark, copyright or other notices contained in such Materials.

INDEMNIFICATION

You agree that you will hold harmless BMNT Vapor, its officers, directors, employees, agents, volunteers, and licensors from all claims arising out of or related to your access or use of, or Your inability to access or use, the Website or 3rd party sites to which it is linked. If your use of Materials from the Website results in the need for servicing or repair of equipment, you will assume any costs thereof.

FORCE MAJEURE

BMNT Vapor will not be liable for any delay in Service resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime.

No “up time” guarantee is made with any agreement for Services.

PRIVACY

BMNT Vapor understands that many visitors to the Website may be concerned about the information that they may provide or that may be generated from their use of the Website and how BMNT Vapor may use such information. The BMNT Vapor Privacy Policy located at http://venicevaporlab.com/privacy governs the collection, use, retention and disclosure of personal information gathered from the Website.

TERMINATION

Notwithstanding any of this Agreement, BMNT Vapor reserves the right, without notice and in its sole discretion, to terminate your use of this website and to block or prevent future access to and use of this website.

MISCELLANEOUS

If, for any reason, any provision of these Terms will be determined to be invalid or inoperative, the validity and effect of the other provisions of the Terms will not be affected thereby and will remain enforceable. BMNT Vapor’s failure to enforce any particular term of these Terms will not be construed as a waiver of any of its rights hereunder. These Terms constitutes the entire agreement between you and BMNT Vapor with respect to the Website and matters thereof.

CONTACT

If you have any questions regarding these Terms, you may contact BMNT Vapor at: info@venicevaporlab.com.

 

These Terms Of Use are effective as of 08/20/2014.