By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Effective 7/15/2015: the Agreement is between you and Vapex.
If you have any questions, please contact us at email@example.com.
1. Vapex is a Venue
Vapex acts as a venue to allow users who comply with Vapex’s policies to offer, sell and buy certain goods within a fixed-price format. Vapex is not directly involved in the transaction between buyers and sellers. As a result, Vapex has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Vapex does not pre-screen users (except for services that require an application) or the content or information provided by users. Vapex cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Vapex does not transfer legal ownership of items from the seller to the buyer.
Vapex cannot guarantee the true identity, age, and nationality of a user. Vapex encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Vapex is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Vapex. You use the Vapex service at your own risk.
2. Membership Eligibility
Age: Vapex’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Vapex may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Vapex’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Vapex’s policies as stated in the Agreement and the Vapex policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Vapex, each of which is incorporated herein by reference and each of which may be updated by Vapex from time to time without notice to you:
- Vapex Market Guidelines
- Fees Policy
- Copyright and Intellectual Property Policy
- Trademark Guidelines
- Electronic Communications Policy
In addition, some services offered by Vapex may be subject to additional terms and conditions promulgated by Vapex from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Vapex of any unauthorized use of your password or any breach of security. You also agree that Vapex cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Vapex without Vapex’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Vapex you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Emails: We may send periodic informational or marketing emails to you including but not limited to your account, products, and payouts on Vapex. You can opt out of these emails at any time by clicking the unsubscribe link. Transactional emails including but not limited to orders are required.
Account Transfer: You may not transfer or sell your Vapex account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Vapex’s services are not available to temporarily or indefinitely suspended Vapex members. Vapex reserves the right, in Vapex’s sole discretion, to cancel unconfirmed or inactive accounts. Vapex reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up a shop on Vapex is free (excluding additional sales channels on Vapex that may have separate fees). Vapex charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you join Vapex you automatically accept the fees that you will be charged outlined in the fee policy. Vapex’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Vapex’s services are effective after Vapex provides you with at least fourteen (14) days’ notice by posting the changes on the Site. However, Vapex may choose to temporarily change the Fees Policy and the fees for Vapex’s services for promotional events (for example, free listing days); such changes are effective when Vapex posts the temporary promotional event on the Site. Vapex may, at Vapex’s sole discretion, change some or all of Vapex’s services at any time. In the event Vapex introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, Vapex may issue a credit for the applicable fees to a seller’s billing statement.
You are responsible for paying all fees and applicable taxes associated with using Vapex.
Fees and Termination: If Vapex terminates a listing or your account, if you close your account, or if the payment of your Vapex fees cannot be completed for any reason, you remain obligated to pay Vapex for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Vapex.
4. Listing and Selling
Listing Description: All listings on Vapex must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Vapex’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Vapex shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their Vapex shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Vapex’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Vapex reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Vapex transaction fees, misrepresent the item’s location, or use another user’s account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Vapex and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Vapex.
Restricted Activities: Your Content and your use of Vapex shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Vapex’s Copyright and Intellectual Property Policy)
- Violate this Agreement, Vapex Guidelines, Seller Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Vapex staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a seller’s business or shop
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Vapex or modify another website so as to falsely imply that it is associated with Vapex;
- Appear to create liability for Vapex or cause Vapex to lose (in whole or in part) the services of Vapex’s ISPs or other suppliers
Re-Posting Content: By posting Content on Vapex, it is possible for an outside website or a third party to re-post that Content. You agree to hold Vapex harmless for any dispute concerning this use. If you choose to display your own Vapex-hosted image on another website, the image must provide a link back to its listing page on Vapex.
Idea Submissions: Vapex considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Vapex shall not be liable for the disclosure or use of such Material. If, at Vapex’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Vapex will also consider that Material to be non-confidential and non-proprietary and Vapex will not be liable for use or disclosure of the Material. Any communication by you to Vapex is subject to this Agreement. You hereby grant and agree to grant Vapex, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Vapex does not control the Content provided by users that is made available on Vapex. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Vapex, you agree to accept such risks and that Vapex (and Vapex’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Vapex. Please use caution, common sense, and practice safe buying and selling when using Vapex.
Other Resources: Vapex is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Vapex does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Vapex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9. Resolution of Disputes and Release
Disputes with Vapex: In the event a dispute arises between you and Vapex, please contact Vapex. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration at a location chosen by Vapex, using the English language in accordance with the 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 the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts at a location chosen by Vapex. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Vapex agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Vapex encourages you to contact the user or third party to resolve the dispute amicably. If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Vapex, they may choose to involve Vapex’s in order to resolve the dispute. Cases are escalated for review and resolution by Vapex. Vapex provides its dispute resolution process for the benefit of users. Vapex does so in Vapex’s sole discretion, and Vapex has no obligation to resolve disputes between users or between users and outside parties. To the extent that Vapex attempts to resolve a dispute, Vapex will do so in good faith based solely on Vapex’s policies. Vapex will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Vapex (and Vapex’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. Vapex’s Intellectual Property
VAPEX, and other Vapex graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, will be registered trademarks or are trademarks or trade dress of Vapex in the U.S. and/or other countries. Vapex’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Vapex may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Vapex is updated on a real-time basis and is proprietary or is licensed to Vapex by Vapex’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Vapex for any purpose whatsoever or otherwise without Vapex’s prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Vapex’s sole discretion, an unreasonable or disproportionately large load on Vapex’s infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Vapex Guidelines from the Site except to the extent expressly permitted or otherwise without the prior express written permission of Vapex and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Vapex’s robot exclusion headers or other measures Vapex may use to prevent or restrict access to Vapex
Without limiting any other remedies, Vapex may, without notice, and without refunding any fees, delay or immediately remove Content, warn Vapex’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Vapex reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Vapex.
14. No Warranty
VAPEX SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND VAPEX’S SUPPLIERS PROVIDE VAPEX’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VAPEX, VAPEX’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND VAPEX’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VAPEX SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL VAPEX, AND (AS APPLICABLE) VAPEX’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR VAPEX’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, VAPEX’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
VAPEX’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF VAPEX’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO VAPEX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD VAPEX AND (AS APPLICABLE) VAPEX’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Vapex does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Vapex’s control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Vapex service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Vapex’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Vapex are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Vapex Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the state chosen by Vapex, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Vapex’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by electronic mail sent to firstname.lastname@example.org, or in your case, to the email address you provide to Vapex (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Vapex may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Vapex. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Vapex’s Copyright and Intellectual Property Policy.
The services hereunder are offered by DRIFT Vapor Inc., dba VAPEX and is located at 1209 Orange Street, Wilmington, Delaware.
Vapex does not currently charge listing fees.
When you make a sale on Vapex, you will be charged a transaction fee of 15% of the item price on all hardware and 30% of the item price on all e-liquid unless otherwise agreed upon in writing. This percentage does not include the shipping cost or sales tax associated.
There are no payout fees to customers that wish to be paid using the third party service Dwolla. Dwolla is only available to sellers who have a U.S. bank account.
Vapex will charge you a Payout Fee using the third party service Skrill. The Payout Fee is as follows:
For payments to recipients within the U.S., the fee is 1% of total up to $10.00 USD per payment.
For payments to recipients outside the U.S., the fee is 1% of total up to a maximum of $10.00 USD per payment. Skrill may have currency conversion fees should you wish to convert to your local currency.
After you’ve made a sale Vapex will pay you, after deducting the appropriate fees – including the Transaction Fee and the Payout Fee.
Vapex does not currently offer shipping or fulfillment of any kind. All shipping is handled directly by the original seller.
All fees are in US Dollars. Currency conversion is handled automatically by our payment processing service. Currency conversions and applicable rates will be determined by the payment processor of our choosing
Vapex reserves the right to alter these policies at any time.
Effective Date: 7/15/2015