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Terms & Conditions

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.Vaptio’s Privacy Policy is incorporated by reference into these Terms of Use. Notwithstanding anything stated otherwise in these Terms of Use, the Privacy Policy shall govern with respect to the collection, use, sharing, retention or storage of any information or data provided by you or to which you grant Vaptio access.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER THE MINIMUM AGE IN YOUR JURISDICTION PERMIT YOUR LEGAL ACCESS TO VAPTIO’S PRODUCTS AND/OR USE OF VAPTIO’S SERVICES, AND YOUR ACCESS TO THIS WEBSITE OR THE PRODUCTS OR SERVICES AVAILABLE ON IT, DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF USE. FURTHER, IF YOU REGISTER ON OUR WEBSITE, YOU ALSO REPRESENT AND WARRANT THAT YOU SHALL ONLY USE THE PRODUCTS AND EVENTS FOR THE BENEFIT OF YOURSELF AND OTHER INDIVIDUALS WHO ARE OF THE AGE AND CAPACITY TO ENTER THE WEBSITE, USE OR PURCHASE THE PRODUCTS SOLD ON THE WEBSITE OR PARTICIPATE IN THE PROMOTIONS OR EVENTS LISTED ON VAPTIO’S WEBSITE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT REGISTER IN VAPTIO’S WEBSITE, PURCHASE ITS PRODUCTS OR PARTICIPATE IN ITS PROMOTIONS, EVENTS OR ANY OTHER LISTED BENEFIT AVAILABLE TO REGISTERED USERS.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Vaptio, Inc. The collective work includes works that are licensed to Vaptio, Inc. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Vaptio or purchasing Vaptio products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Vaptio or to purchase its products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Vaptio. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Vaptio used in the site are trademarks or registered trademarks of Vaptio, Inc. Vaptio®, Vaptio Juice Pack®, Juice Pack® and the Vaptio logo are all registered in the U.S. Patent and Trademark Office.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Vaptio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Vaptio does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Vaptio does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Vaptio’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Vaptio of any provision or any right it has to enforce these policies, nor shall any course of conduct between Vaptio and you or any other party be deemed to modify any provision of these policies.

Limitation of Liability

Vaptio shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Vaptio has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Vaptio product is mistakenly listed at an incorrect price, Vaptio reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Vaptio reserves 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 cancelled, Vaptio shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION

These Terms of Use are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Vaptio without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

Vaptio may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Vaptio. The Vaptio Online Store provides access to Vaptio international data and, therefore, may contain references or cross references to Vaptio products, programs and services that are not announced in your country. Such reference does not imply that Vaptio in your country intends to announce such products, programs or services.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Vaptio products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Vaptio products) must be commenced within one (1) year after the claim or cause of action arises. Vaptio’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Vaptio may assign its rights and duties under this Agreement to any party at any time without notice to you. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

Vaptio controls and operates its website and product sales from our headquarters in the United States of America and the content and features may not be appropriate or available for use in other locations. If you use the App or website outside the United States of America, you are responsible for following applicable local laws. By using theApp or website, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Vaptio or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. No Vaptio employee or agent has the authority to vary any of the Vaptio Online Store’s policies or the terms and conditions governing any sale.

PARTICIPATION DISCLAIMER

Vaptio does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Vaptio is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Vaptio reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Vaptio in its sole discretion.

IDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vaptio, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Vaptio may link to sites operated by third parties. However, even if the third party is affiliated with Vaptio, Vaptio has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Vaptio. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Vaptio seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

WHAT INFORMATION DO WE COLLECT?

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as email, or participate in another site feature.

When ordering or registering, we may ask you for your name, email address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.

We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.

HOW DO WE PROTECT VISITOR INFORMATION?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

DO WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include Vaptio Inc. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

HOW TO OPT-OUT, REMOVE OR MODIFY INFORMATION PROVIDED TO US?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the “My Account” section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

CHANGES TO OUR TERM OF USE

If we decide to change our terms of use, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This terms of use were last modified on November 3, 2016.

QUESTIONS AND FEEDBACK

We welcome your questions, comments, and concerns about term of use. Please send us any and all feedback pertaining to our term of use, or any other issue.

YOUR CONSENT

By using our site, you consent to our privacy policy and our terms of use.