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TERMS AND CONDITION

TERMS AND CONDITIONS

Please carefully read this agreement. By accessing or using our Site, you agree that you have read and agree to be bound by the terms and conditions of this agreement. 

Introduction and Acceptance of the Terms and Conditions

THESE TERMS AND CONDITIONS (the “Agreement” or “Terms and Conditions”) sets forth the terms under which DMVape LLC (the “DMVape”, “we”, or “us”) will provide access to our Site and related services to you (“you”, or “your”) related to [Insert Site URL] and any other sites, including mobile websites and applications, owned, and operated by us or our Affiliates (collectively, the “Site”).

We maintain that, by using our Site, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.

This Agreement is effective as of November 15, 2023. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE AFTER THE EFFECTIVE DATE.

As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, vendors, suppliers, distributors, partners, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

  1. Our Products

DMVape is provides vending solutions for tobacco vaping products. DMVape is dedicated to delivering reliable and convenient vending machines designed to meet the needs of both retailers and consumers in the vaping industry.

Our vending machines are designed to dispense a wide range of tobacco vaping products, including e-cigarettes, e-liquids, and related accessories. We prioritize compliance with all local and federal regulations, ensuring that age restrictions and access to vaping products are upheld, thus promoting responsible consumption.

If you are interested in having one of our vending machines placed at your business, please contact us at [Insert Email or Contact Form Link].

We understand the evolving landscape of the vaping industry and are committed enhancing accessibility while promoting responsible consumption within the vaping industry. These Terms and Conditions and our Privacy Policy are an important part of this commitment.

  1. Changes

We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

  1. Site Content

All information and content on the Site has been created by DMVape and is intended for educational and informational purposes only. Although DMVape attempts to keep this information as accurate as possible, DMVape makes no guarantees or warranties of any kind, express or implied, with respect to any information contained on this Site.

Further, DMVape has no legal obligation to update the content or information provided on this Site and cannot ensure that all information is current. DMVape may make changes or improvements to this Site at any time without notice or announcement.

  1. Links to Other Sites

Our Site may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on our Site; however, we do not own or control these third-party websites. Once you click on a third-party link and leave our Site, you are no longer bound by our Terms and Conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources. 

  1. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.

  1. Product Reviews, Suggestions and Submissions

DMVape welcomes product reviews, comments, and suggestions by its customers. Any reviews, comments, suggestions, and submissions made by you shall become the exclusive property of DMVape. At the time the review, comment, suggestion, and/or submission is made it shall act as a full assignment to DMVape of all rights whatsoever (copyright and intellectual property). DMVape shall have the right to use said review, comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution, and the like without any compensation to you. 

Please submit comments and suggestions to our Customer Service team at the address or email provided in the Notice section below. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

  1. Intellectual Property Ownership

All the content on the Site (text, product names, images, videos, etc.) is the property of DMVape or our Affiliates. Any partial or total reproduction of this content, by any means, is subject to prior and express authorization by us. All materials, information, and content on our Site is protected by United States law concerning intellectual property ownership and copyright. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party constitutes a criminal offense, which is severely punished under applicable law.

  1. Unauthorized Use of Materials

We respect the intellectual property of others, and we ask you to do the same. If you, or any user of this Site, believes its copyright, trademark or other property rights have been infringed by any content on this Site, you, or the user, should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. Identify the material that you claim is infringing upon your copyrighted work
  2. Your contact information, including an email address
  3. Enough information, if possible, to permit us to notify the owner of the allegedly material or other content
  4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. Sign the notice
  7. Send the written communication to the Designated Agent for Claimed Infringement at the following address:

DMVape LLC

[Insert Email Address]

[Insert Mailing Address or Link to Contact Form]

  1. Disclaimer of Warranties

ALL MATERIALS, CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (B) THE QUALITY OF ANY PRODUCTS, MATERIALS, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE, FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS, CONTENT OR SERVICES ON THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS, CONTENT OR SERVICES.

  1. Product Information

We take great care when putting product information, descriptions, and images on-line but will not be held responsible for any mistakes or omissions for any information given.

  1. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OUR PRODUCTS.

  1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of our Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

  1. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DMVAPE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

All disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of our Site, except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with the International Chamber of Commerce (“ICC”) governing rules and procedures. In agreeing to arbitrate all Claims, you and DMVape waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate or international commerce and shall be governed by and construed and interpreted in accordance with the ICC rules. If for whatever reason the rules and procedures of the ICC cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted after the Effective Date of this Agreement and shall survive termination of your relationship with DMVape.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration- organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and DMVape. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that any judge in a court of law would have, provided that:

  1. The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and
  2. All claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. You and DMVape agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and DMVape.

YOU AND DMVAPE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor DMVape is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in the Governing Law section below. This provision does not prevent you or DMVape from participating in a class-wide settlement of claims.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide DMVape with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence, which should be provided in the manner outlined under the Notice Section.

Notwithstanding any provision in the Agreement to the contrary, we agree that if DMVape makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to DMVape.

  1. Relationship of the Parties

This Agreement and any product purchases will not be construed as creating or implying any relationship of agency, partnership or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.

  1. Governing Law

This Site (excluding any linked sites) is controlled by us from our offices located in the State of Virginia, USA. By accessing this Site, you agree that the statutes and laws of Virginia without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products and information available through this Site. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Virginia with respect to such matters.

Even though this Site may be accessible worldwide, we make no representation that content on this Site, including the products available for purchase on this Site, is appropriate or available for use in locations outside the United States, and accessing the Site from territories where the content or our products are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product or information made in connection with this Site is void where prohibited.

  1. Entire Agreement

These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.

  1. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [Email Address].

  1. Feedback and Comments

We welcome any comment, question, and communication at [Email Address].

Any reviews left on the Site are screened and moderated by our team. If the reviews infringe on any law or are inappropriate (abusive publicity, defamation, insults, out of context commentary, etc.), we reserve the right to delete such review.

  1. Privacy

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy.