Terms & Conditions

Terms of Use

02-16-2016

By viewing this website (www.X2OVapes.com, hereinafter “website” or “site”), you are agreeing to comply with the following terms of use, which together with our Privacy Policy, govern our relationship with you in relation to this website. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AND DISCLAIMERS.

The owners and operators of www.X2OVapes.com (hereinafter “us “or “we” will use commercially reasonable methods to keep the web site running smoothly. However, we take no responsibility for the website being temporarily unavailable due to technical issues.

The use of this web site is subject to the following terms of use:

YOU MUST BE OF LEGAL SMOKING AGE TO PURCHASE AND/OR USE OUR PRODUCTS!

LEGAL DISCLAIMER

NOT FOR SALE TO MINORS

CALIFORNIA PROPOSITION 65-WARNING:

This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.

The products displayed on the website are not intended for use by persons under legal smoking age, nonsmokers, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. These products do contain nicotine. If you are allergic to cigarettes or e-cigarettes, propylene glycol, vegetable glycerin, food flavorings, nicotine or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart condition, diabetes, high blood pressure or asthma, consult your physician before using any of the displayed products. Discontinue use and consult a physician if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhea, weakness and rapid heartbeat.

The products displayed do not treat, diagnose, or cure any disease, physical ailment, or condition. Keep the products of the reach of children and pets as ingestion of certain pieces may present a choking hazard. Nicotine may be toxic if inhaled or ingested in large doses, and may cause irritation to eyes and skin if exposed. Wash immediately with soap and water upon contact. Nicotine is highly addictive and habit forming.

The displayed products are not marketed for use as a smoking cessation product. Just like traditional tobacco cigarettes, the displayed products are not approved by the United States Food and Drug Administration or by any other Federal State or Local government entity.

Electronic Communications

Any time you send us an e-mail, or login to our website, you are communicating with us in an electronic format. By doing so you give us the express permission to communicate with you in the same electronic format, either by e-mail or through text, images, and video presented on our website. You therefore hereby agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by us satisfy all legal notification requirements.

Copyright

All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Global Tobacco LLC (“Company”), its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on this site is the property of Company, its affiliates, or its software suppliers and is protected by United States and international copyright laws. For purposes of these Terms of Use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly, owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company.

Trademarks

In addition, you acknowledge that the Site itself is protected by copyright law. You further acknowledge that the Company owns the trademarks “X2O VAPES”, “X2O XTREME”, “X2O EPICUREAN RESERVE”, “GLOBAL TOBACCO”, “GLOBAL TOBACCO LLC” and all associated GLOBAL TOBACCO LLC AND “X2O”-RELATED trade names, service marks, trade dress and logos, whether or not registered, in addition to several other marks on this Site. Where other third-party owned trademarks have been used on this Site, a notation has been made as to their respective owners. GLOBAL TOBACCO LLC trademarks and GLOBAL TOBACCO LLC logos may only be used in conjunction with goods produced by GLOBAL TOBACCO LLC, its affiliates or with the express prior approval of GLOBAL TOBACCO LLC. For the avoidance of doubt, the GLOBAL TOBACCO LLC corporate logo may only be used by GLOBAL TOBACCO LLC.

Personal Access and Use License

We grant you a personal limited license to access and use this site. Such grant does not include, without limitation:

  • Permission to resell or permission for any other commercial use of the site or content therein or permission to download or modify any portion of the site, except through page storing;
  • Permission to use any product listings, pricing or descriptions;
  • Permission to make derivative uses of the site and its contents; or
  • Permission to copy or download any of the information for benefit of a third party;
  • Permission to use any of our text, graphics, photos, logos, button icons, images, audio clips, digital downloads, or data compilations
Any unauthorized use will result in immediate termination of your permission/license to use this website.

Your X2O VAPESTM Account

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You hereby agree to accept responsibility for any and all activities that occur utilizing your account. We will only sell our products to adults of legal smoking age, who have the legal authority to use a credit or debit card. If you are under the legal smoking age, we will refuse to sell you the products displayed on the website, terminate all of your accounts, remove or edit your content, and cancel any unfulfilled orders.

Privacy

To fully understand our business practices, and your guidelines to conduct business with us, please review our Privacy Policy.

Reviews, Comments, Communications, and Other Content

Customers and visitors are encouraged to submit suggestions, ideas, questions, or other information to us, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or otherwise objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." It shall be a violation of these Terms of Use to use a false e-mail address, impersonate a third party, person or entity, or otherwise mislead us as to the origin of a communication.

Copyright Complaints

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our offices immediately at:

X2O VAPESTM
2861 Congressman Drive, Suite 300
Dallas, TX 75220

Product Descriptions

We have attempted to be as accurate as possible with the posted content, but we shall not be held liable for any errors or omissions, or any resulting claims that arise from such errors and/or omissions. Information obtained on this website is offered on an “as-is” basis, with no warranties given or implied.

Product Pricing

Unless otherwise noted, the prices displayed for the displayed products represent the full suggested retail price listed for the product itself. Where an item is offered for sale by one of our merchants, independent sales representatives or distribution agents, the price may be different.

With respect to items sold on our website we will NOT charge your credit card until you place your orderonline.

Please note that this policy applies only to products sold on the website and shipped by us. If a third-party site quotes prices different from our website, your only remedy is to contact the third-party site to settle any dispute.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THIS SITE, ITS SERVICES, INFORMATION AND MATERIALS (COLLECTIVELY, “SITE/SERVICES”) “AS IS,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. US AND OUR AFFILIATES RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE/SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR THAT THIS SITE (INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE) OR ITS SERVICES (INCLUDING EMAIL SENT FROM THE SITE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE AND OUR AFFILIATES, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS ARE NOT LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE/SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE/SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE/SERVICES. YOU FURTHER AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE/SERVICES IS TO STOP USING THE SITE.

YOU AGREE THAT (1) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE SITE; AND (3) YOU ALONE MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING ANY RELIANCE UPON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

We reserve the right to change any and all content contained on this Site at any time without notice.

Indemnification

You agree to reimburse, indemnify, defend and hold us harmless on demand for, from and against any damages, losses, costs, judgments, fees, fines and other expenses we may incur (including attorneys’ fees and court costs) as a result of any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: your use of, inability to use, or activities in connection with the Site/Products; your violation of these Terms of Use, our Privacy Practices Policy or any other terms, conditions or policies; any allegation that any materials you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or your violation of any rights of any Site visitor or any other third party.

Compliance with Applicable Laws

Visiting or using www.X2OVapes.com is governed by all applicable federal, state and local laws. All information available on the website is subject to the laws of the United States of America, and may also be subject to the laws of the country where you reside.

Jurisdiction

By visiting www.X2OVapes.com, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us or our affiliates.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Termination and Enforcement

You agree that: we, at our sole discretion and without prior notice, may terminate your access to or use of the site, at any time and for any reason, including a determination that you have violated or acted inconsistently with the letter or spirit of these Terms of Use; We shall not be liable to you or any third party for any termination of your access to the site; and those sections in these Terms of Use relating to limitation of liability, disclaimers, governing law, disputes, indemnification, notice and admissibility in a judicial or administrative proceeding shall survive any expiration or termination of these Terms of Use.

Disputes

Any dispute relating in any way to your visit to www.X2OVapes.com or to products you purchase through www.X2OVapes.com must be filed within one (1) year after such claim or cause of action arises and shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Changes

You are encouraged and advised to review the Terms of Use and the Privacy Policy posted on our website. These policies also govern your visit to our website. We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the website, the Terms of Use and the Privacy Policy at any time. You should check these Terms of Use and Privacy Policy periodically for changes. By using this website after we post any changes to the Terms of Use or the Privacy Policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these Terms of Use and the Privacy Policy, you should not use the website and, if applicable, you should arrange to cancel your registered user account or subscription with us. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition.

Miscellaneous

These Terms of Use do not create a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use. No waiver by us of any breach or default of these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. The headings, captions and sections titles in these Terms of Use have been inserted as convenient references only; they do not define or explain any section or provision. These Terms of Use, our Privacy Policy, all relevant updates, and any other specific rules referenced on the site collectively constitute the entire agreement between you and us, regarding the site. You agree that notices to you may be made by posting a notice (or a link to a notice) on the site, by email, or by postal mail, at our discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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