Terms and conditions

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of you, and Bidi Vapor, LLC, concerning your access to and use of www.bidivapor.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto Bidi Vapor, LLC, and www.bidivapor.com

You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

Changes in these Terms and Conditions will be published by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.

The information provided on the website is in no way intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The website is only intended for users who are 21 years old or above. Persons under the age of 21 are not permitted to enter, register for, or purchase products sold on this website. Upon accessing the website, you warrant and agree that you are at least 21 years of age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our website.                      Bidi Vapor, LLC, does not warrant or guarantee that compliance with these Terms and Conditions will be sufficient to comply with your obligations under applicable laws where you reside or where you use the website.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the website is Bidi Vapor’s proprietary property and all Content, including but not limited to the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website and the trademarks (), service marks, watermarks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the website for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the website and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the website, you are not allowed to download or print a copy of any portion of the Content. We reserve all rights not expressly granted to you in and to the website, the Content, and the Marks.

BIDI VAPOR USER REPRESENTATIONS

By using the website, you represent and warrant that:

(1) All registration information you submit will be true, accurate, current, and complete; 

(2) You will maintain the accuracy of such information and promptly update such registration information as necessary;

(3) You have the legal capacity and you agree to comply with these Terms and Conditions;

(4) You are not under the age of 21 and not a minor in the jurisdiction in which you reside;

(5) You will not access the website through automated or non-human means, whether through a bot, script, or otherwise;

(6) You will not use the website for any illegal or unauthorized purpose;

(7) Your use of the website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

BIDI VAPOR USER REGISTRATION

To gain full access to the website, you are required to create and register an account at www.bidivapor.com. By doing so, you agree to provide us with accurate, complete, and current information. You also agree to keep your password confidential and will be responsible for all use of your account and password. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account and access to Services. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You agree not to disclose your secure links associated with your use of www.bidivapor.com to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You agree not to create duplicate and multiple accounts, may it be for the purpose of redeeming a marketing promotion for which you are eligible or no longer eligible, or for any other purpose. Violation of terms regarding duplicate and multiple accounts on www.bidivapor.com will result in retroactive cancellation of discounts and reinstatement of full charges. Bidi Vapor also reserves the right to terminate the duplicate account/s and permanently disable any registration for the user due to non-compliance with this condition.

PROHIBITED ACTIVITIES

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

  1. Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory
  2. Make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  3. Use a buying agent or purchasing agent to make purchases on the website.
  4. Use the website to advertise or offer to sell goods and services
  5. Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website and/or the Content contained therein
  6. Engage in unauthorized framing of or linking to the website
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  8. Make improper use of our support services or submit false reports of abuse or misconduct
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  10. Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website
  11. Attempt to impersonate another user or person or use the username of another user.
  12. Create duplicate and/ or multiple accounts
  13. Sell or otherwise transfer your profile
  14. Use any information obtained from the website in order to harass, abuse, or harm another person
  15. Use the website as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavor or commercial enterprise
  16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website
  17. Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website
  18. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you
  19. Delete the copyright or other proprietary rights notice from any Content
  20. Copy or adapt the website’s software, design, and rights, including but not limited to Flash, PHP, HTML, JavaScript, or other code languages
  21. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website
  22. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
  23. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
  24. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website
  25. Use the website in a manner inconsistent with any applicable laws or regulations

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Bidi Vapor website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment: Credit and Debit Cards for consumers. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order, in accordance with our strict implementation of our 30 Bidi®️ Sticks per month limit per account, along with the 4 Bidi®️ Stick limitations per transaction per account per day. Other restrictions may include orders placed by or under the same customer account, duplicate accounts, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN, REFUND, AND CANCELLATIONS POLICY

Effective Date: [Month, date, year]

For any terms regarding return, refund, and/or cancellations, you may refer to our comprehensive policy as stated below. It is your responsibility to periodically review these terms and conditions for Cancellation & Return Policy to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Cancellation & Return Policy by your continued use of the website after the date such revised Cancellation & Return Policy are posted.

Cancellation & Return Policy can be accessed here.

USER GENERATED CONTRIBUTIONS

The website may invite you to contribute and participate in message boards, comment sections, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website, including but not limited to text, writings, videos, photographs, comments, suggestions, personal information, or other material (collectively, in “BIDI®️ Reviews”).

BIDI®️ Reviews may be viewable by other users of the website and through third-party web websites. As such, any reviews you transmit may be treated as non-confidential and non-proprietary. When you create or make available any reviews, you thereby represent and warrant that:

 

  1. You should have firsthand experience in transacting or interacting online with Bidi Vapor and the BIDI®️ Sticks being reviewed.
  2. You should not be affiliated with competitors if posting negative reviews.
  3. You may not organize a campaign encouraging others to post reviews, whether positive or negative.
  4. The creation, distribution, transmission, public display, and the accessing, downloading, or copying of your reviews do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  5. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the website, and other users of the website to use your  reviews  in any manner contemplated by the website and these Terms and Conditions.
  6. You have the written consent, release, and/or permission of each and every identifiable individual person in your reviews to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your reviews in any manner contemplated by      Bidi Vapor and these Terms and Conditions.
  7. Your reviews are not false, inaccurate, or misleading.
  8. Your reviews are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  9. Your reviews are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  10. Your reviews do not ridicule, mock, disparage, intimidate, or abuse anyone.
  11. Your reviews do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  12. Your reviews do not violate any applicable law, regulation, or rule.
  13. Your reviews do not violate the privacy or publicity rights of any third party.
  14. Your reviews do not contain any material that solicits personal information from anyone or under the age of 21 or exploits people under the age of 21 in a sexual or violent manner.
  15. Your reviews do not violate any United States federal or state law intended to protect the health or well-being of minors;
  16. Your reviews do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  17. Your reviews do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation in the United States.

Any use of the website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your account and the rights to use the website.

CONTRIBUTION LICENSE

By posting your reviews to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

You are solely responsible for your reviews to the website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your reviews.  

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any reviews; (2) to re-categorize any reviews to place them in more appropriate locations on the website; and (3) to pre-screen or delete any reviews at any time and for any reason, without notice. We have the rights to monitor your reviews.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The website may contain (or you may be sent via the website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the website or any Third-Party Content posted on, available through, or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

WEBSITE MANAGEMENT

We reserve the right, but not the obligation, to: 

(1) Monitor the website for violations of these Terms and Conditions;

(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your BIDI®️ Reviews contributions or any portion thereof;

(4) In our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) Otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy for guidance. By using the website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the website is hosted in the United States.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the website infringes upon any copyright you own or control, please immediately notify: 

Bidi Vapor, LLC 

401 N Wickham RD – STE, 130 Melbourne, Florida, 32935 

support@bidivapor.com

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the website are covered by the Notification, a representative list of such works on the website;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the website as a result of a mistake or misidentification, you may submit a written counter notification to: 

Bidi Vapor, LLC 

401 N Wickham RD – STE, 130 Melbourne, Florida, 32935 

support@bidivapor.com

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

(1) Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

(2) A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;

(3) A statement that you will accept service of process from the party that filed the Notification or the party’s agent;

(4) Your name, address, and telephone number;

(5) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(6) Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the website. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.

We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.

 

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions and your use of the website are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State/Commonwealth of Florida, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in the State of Florida and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the website be commenced more than ______ years after the cause of action arose.

Otherwise, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ______ days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Florida.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the State of Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the website be commenced more than _____ years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$_________]. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) Your reviews, testimonials, or stories; 

(2) Use of the Bidi Vapor Website; 

(3) Breach of these Terms and Conditions; 

(4) Any breach of your representations and warranties set forth in these Terms and Conditions; 

(5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or 

(6) Any overt harmful act toward any other user of the website with whom you connected via the website.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the website. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US 

In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:

Bidi Vapor, LLC

401 N Wickham RD – STE, 130 Melbourne, Florida, 32935

support@bidivapor.com

 

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