Terms and Conditions of Use
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. USING THIS WEBSITE AND CLICKING ON THE "AGREE" BOX WHEN YOU PLACE YOUR ORDERS REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE.
The Sale of Electronic Cigarette and Electronic Cigarette Related Products -
VapeWild and any and all of VapeWild’s parent and subsidiary companies do not sell Electronic Cigarette and/or Electronic Cigarette related products to persons under the legal smoking age for the state or country in which you reside. By using this site you are representing that you are over the legal smoking age for the state in which you reside. VapeWild and any and all of VapeWild’s parent and subsidiary companies make every effort to ensure that Electronic Cigarette and Electronic Cigarette related products are not delivered to anyone who is under the legal smoking age for the state in which you reside. By using this site you are representing that the person receiving a shipment of Electronic Cigarette and/or Electronic Cigarette related products from VapeWild and any and all of VapeWild's parent and subsidiary companies is over the legal smoking age for the state in which you reside. You also agree that any Electronic Cigarette and/or Electronic Cigarette related products purchased from VapeWild and any and all of VapeWild's parent and subsidiary companies is/are intended for personal use and not for resale. If you do not agree with these terms and conditions, please do not use this site or accept these conditions.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VapeWild and any and all of VapeWild's parent and subsidiary companies only sell to smoking adults of legal smoking age, who own and can purchase with a credit card. If you are under the legal smoking age, www.VapeWild.com
and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately. Please note that only one coupon code of any nature may be applied per order. We reserve the right to modify and alter errors after the fact.
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 VapeWild and any and all of VapeWild's parent and subsidiary companies. The collective work includes works that are licensed to VapeWild and any and all of VapeWild's parent and subsidiary companies. Copyright 2015-2017, VapeWild ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with VapeWild or purchasing VapeWild 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 VapeWild or to purchase VapeWild 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 VapeWild. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Copyright Complaints [USA]
and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our office immediately.
All trademarks, service marks and trade names of VapeWild and any and all of VapeWild's parent and subsidiary companies used in the site are trademarks or registered trademarks of VapeWild and any and all of VapeWild's parent and subsidiary companies.
Anytime you send VapeWild and any and all of VapeWild's parent and subsidiary companies an email, or log in on to our website at www.VapeWild.com
, you are communicating with us in an electronic format. This gives VapeWild and any and all of VapeWild's parent and subsidiary companies the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by VapeWild and any and all of VapeWild's parent and subsidiary companies satisfies all legal notification requirements.
Compliance with Applicable Laws
Export Control Laws: Visitor or user access to www.VapeWild.com
is governed by all applicable federal, state, and local laws. All information available on www.VapeWild.com
is subject to FDA export control laws and may also be subject to the laws of the country where you reside.
License and Site Access
VapeWild and any and all of VapeWild's parent and subsidiary companies grant you a limited licence to access and make personal use only of the www.VapeWild.com
Site. Such grant does not include, without limitation:
(a) any resale or commercial use of the Site or content therein, or download or modify any portion of the Site, except through page storing;
(b) the collection and use of any product listings, pricing, or descriptions;
(c) making derivative uses of the Site and its contents; or
(d) any copying or downloading of information for benefit of a third party;
Any unauthorized use will immediately terminate your permission to use this Site. You may not use any VapeWild and any and all of VapeWild's parent and subsidiary companies text, graphics, photos, logos, button icons, images, audio clips, digital downloads or data compilations without the express written permission of VapeWild.
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, VapeWild and any and all of VapeWild's parent and subsidiary companies disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. VapeWild and any and all of VapeWild's parent and subsidiary companies do 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. VapeWild and any and all of VapeWild's parent and subsidiary companies do not make any warranties 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.
Risk of Loss
All items purchased from www.VapeWild.com
or from VapeWild and any and all of VapeWild's parent and subsidiary companies or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability
VapeWild and any and all of VapeWild's parent and subsidiary companies products, this Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by www.VapeWild.com
or its affiliates on an "as is" basis, unless otherwise specified in writing. www.VapeWild.com
and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of VapeWild and any and all of VapeWild's parent and subsidiary companies products as well as any third party products or this Site is at your sole risk.
To the full extent permission by applicable law, VapeWild and any and all of VapeWild's parent and subsidiary companies and www.VapeWild.com
and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. VapeWild and any and all of VapeWild's parent and subsidiary companies and www.VapeWild.com
and its affiliates do not warrant that VapeWild and any and all of VapeWild's parent and subsidiary companies products; this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their; or email sent from www.VapeWild.com
are free of defects viruses or other harmful components. Neither VapeWild and any and all of VapeWild's parent and subsidiary companies nor www.VapeWild.com
and its affiliates will not be liable for any damages of any kind arising from the use of VapeWild and any and all of VapeWild's parent and subsidiary companies products, this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
VapeWild and any and all of VapeWild's parent and subsidiary companies reserve the right to change any and all content contained on this Site at any time without notice.
In the event that a VapeWild and any and all of VapeWild's parent and subsidiary companies product is mistakenly listed at an incorrect price, VapeWild and any and all of VapeWild's parent and subsidiary companies reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. VapeWild and any and all of VapeWild's parent and subsidiary companies reserve 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, VapeWild and any and all of VapeWild's parent and subsidiary companies shall issue a credit to the credit card account used for the original purchase in the amount of the incorrect price.
These terms and conditions 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 VapeWild and any and all of VapeWild's parent and subsidiary companies 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.
VapeWild and any and all of VapeWild's parent and subsidiary companies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to VapeWild and any and all of VapeWild's parent and subsidiary companies.
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 VapeWild and any and all of VapeWild's parent and subsidiary companies products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of VapeWild and any and all of VapeWild's parent and subsidiary companies products) must be commenced within one (1) year after the claim or cause of action arises. VapeWild and any and all of VapeWild's parent and subsidiary companies'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. VapeWild and any and all of VapeWild's parent and subsidiary companies may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 VapeWild and any and all of VapeWild's parent and subsidiary companies 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.
VapeWild and any and all of VapeWild's parent and subsidiary companies 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, VapeWild 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, VapeWild and any and all of VapeWild's parent and subsidiary companies 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 VapeWild and any and all of VapeWild's parent and subsidiary companies in its sole discretion.
You agree to indemnify, defend, and hold harmless VapeWild and any and all of VapeWild's parent and subsidiary companies, 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.
In an attempt to provide increased value to our visitors, VapeWild and any and all of VapeWild's parent and subsidiary companies may link to sites operated by third parties. However, even if the third party is affiliated with VapeWild and any and all of VapeWild's parent and subsidiary companies, VapeWild and any and all of VapeWild's parent and subsidiary companies has no control over these linked sites, all of which have separate privacy and data collection practices, independent of VapeWild and any and all of VapeWild's parent and subsidiary companies. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, VapeWild and any and all of VapeWild's parent and subsidiary companies seek 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).
These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will VapeWild and any and all of VapeWild's parent and subsidiary companies be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site. Our products are intended for ADULTS only. Our products are not to be used by anyone under the legal smoking age of the state they reside in. Other Groups that should consult a physician before use Included (but are not limited to): Those who suffer from heart disease or high blood pressure. Pregnant, nursing, or those thinking of becoming pregnant. Those allergic to nicotine or other PG based products.
CAUTION: There is an inherent risk with the use of any and all rechargeable batteries in any circumstance. Use special caution when working with Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells, as they are very sensitive to charging characteristics and may explode or burn if mishandled. Make sure the user has enough knowledge of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells in charging, discharging, assembly and storage before use. Always charge in/on a fire-proof surface. Never leave charging batteries unattended. Do not use any rechargeable battery as well as any battery charger if any visible damage is present, as well as if the cell or charger has been stressed through mishandling, accidental or otherwise, even if damage may not be visible. Always store and transport rechargeable cells in a safe, non-conductive container in a controlled environment. Dispose of all battery cells and chargers in accordance to local laws and mandates. Do not use chargers purchased outside of VapeWild.com. Doing so may cause damage to the battery and malfunctions which can cause serious injuries. We are not responsible for damage of any modification to the batteries in form or shape. We are not responsible for any damage caused by misuse or mishandling of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells.
Learn more about proper storage and care for rechargeable batteries here:
IMPORTANT BATTERY SAFETY NOTICE
Stay Safe And Be Aware Of The Chances Of Lithium Battery Fires!
WARNING: Lithium Polymer batteries (LiPo or Li-Po) and Lithium Ion batteries (Li-Ion) have a very high energy density (A-Hrs. to weight ratio) compared to NiMH, NiCd's, or other batteries. That high energy density means that there's is also an increased risk when using them. Because of this, we at VapeWild and any and all of VapeWild's parent and subsidiary companies recommend extreme caution in their use, and are informing you of the risks that come with using these types of batteries.
The main risk is FIRE or EXPLOSION which can result from improper charging, physical damage, or short circuiting the LiPo, Li-Ion and all rechargeable batteries. We must stress that all lithium and all rechargeable batteries be used with extreme caution and attention in order to prevent any dangerous situations. Houses, garages, and shops have also burned as the result of a lithium battery fire! Due to the close proximity of rechargeable batteries to the user as per the nature of usage, these risks are increased and may result in great physical harm!
For devices that require the use of two or more batteries to operate, batteries must be matched in brand, model and battery state at all times. Discharge and recharge batteries within the same grouping. Failure to do so may result in malfunction, battery failure, and injury.
Hybrid and mechanical devices are inherently dangerous and pose danger during use, storage, and assembly. Improperly storing, assembling, and using hybrid and/or mechanical devices may result in catastrophic battery failure, injury, and/or death. Exercise extreme caution in the use and handling of these devices at all times.
This product and any product sold under or in conjunction with www.VapeWild.com
is not a toy. NEVER leave any product unattended, as the risk of potential harm is much greater. Must be at least 18 years of age or of legal age pertaining to your state and/or jurisdiction to purchase electronic cigarette products from this web site. Falsifying your age for the purpose of purchasing products from this web site is strictly illegal and is punishable by law. Purchasing items on behalf of a minor is prohibited and punishable by law. We reserve the right to ask for identification upon our discretion. By shopping our store, you are confirming you are of legal age to purchase these products. We reserve the right to deny any order if we think it is placed by a minor. Providing a false declaration under penalties of perjury is a criminal offense.
THE FOLLOWING METHODS ARE RECOMMENDED WHEN CHARGING AND USING LITHIUM BATTERIES:
1. ALWAYS store and charge lithium batteries in a fireproof or "LiPo safe" container. You should never store, if possible, your rechargeable batteries inside the device if not intended.
2. ALWAYS charge in a protected area that is away from any flammable (combustible) materials. Always monitor the charging process; NEVER leave the charging process unattended at any time.
3. ALWAYS use chargers SPECIFICALLY DESIGNED to charge lithium batteries, at settings that match your battery. Many documented lithium fires have occurred due to improperly set chargers that feature user-selectable/adjustable settings. Never attempt to charge lithium cells with a charger which is not specifically designed for charging lithium cells.
4. ALWAYS use a charging system that monitors and controls the charge state of each individual cell (a.k.a. balanced charging). Charging with a balancer is a safer method, because unbalanced cells can lead to disaster if a single cell is overcharged. If any battery show any sign of swelling during the charging process, discontinue the charging IMMEDIATELY and move the battery to a safe place outside as they could erupt into flames.
5. NEVER PLUG IN A LITHIUM BATTERY AND LEAVE IT TO CHARGE UNATTENDED! This is a highly dangerous situation, and many serious fires have resulted from this practice!
6. NEVER continue to use, reuse, or attempt to charge a physically-damaged lithium battery. If ever your lithium battery gets damaged while in use (ex: drops, dings, overheating etc.) you must carefully remove the battery and place it in a safe place for at least a half hour to observe. Physically damaged lithium battery cells could spontaneously erupt into a fire!
7. NEVER disassemble or attempt to make your own battery combinations from individual lithium cells. This includes specifically "stacking" batteries.
Lithium Battery Liability Disclaimer and Warranty
VapeWild and any and all of VapeWild's parent and subsidiary companies assumes no liability for the use or misuse of this product or damages incurred to person or property by the use or misuse of chargers, batteries, atomizers, or other electronics that are used in conjunction with these products. Due to the nature of the use and misuse of these products, VapeWild and any and all of VapeWild's parent and subsidiary companies only warranties that this product meets all factory specs at the time of purchase. No other warranty is implied.
VapeWild and any and all of VapeWild's parent and subsidiary companies, www.VapeWild.com
the point of purchase, and any dealer/distributor will assume no responsibility for any damages or injuries to property or person that may occur. By purchasing any of these items, the consumer/buyer/user assumes all liability and takes full responsibility for usage and the results of these items. Because we cannot control the way lithium batteries will be used, charged, discharged or stored after purchase, VapeWild and any and all of VapeWild's parent and subsidiary companies offer no warranty on lithium batteries and any other rechargeable batteries, separate or contained within the device, other than the battery working correctly upon first charge. Lithium battery swelling, lithium batteries damaged through usage, and/or short-circuited batteries will not be covered under warranty. Use lithium and rechargeable batteries and devices containing lithium rechargeable devices at your own risk. These products contain a chemical known to the state of California to cause cancer and birth defects or other reproductive harm.
Consumable Product Disclaimer
Products sold on this site may contain nicotine which is a highly addictive substance. CALIFORNIA PROPOSITION 65 - Warning: This product contains nicotine, a chemical knowns to the state of California to cause birth defects or other reproductive harm. Products sold on this site is intended for adult smokers. You must be of legal smoking age in your territory to purchase products. Please consult your physician before use. E-Juice on our site may contain Propylene Glycol and/or Vegetable Glycerin, Nicotine and Flavorings. Our products may be poisonous if orally ingested. Products sold by VapeWild are not smoking cessation products and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. For their protection, please keep out of reach of children and pets. USE ALL PRODUCTS ON THIS SITE AT YOUR OWN RISK!
Product Image Disclaimer
Product images are for illustration purposes only. Actual product colors may vary depending on screen resolution and lighting.
Age Verification Policy
VapeWild is required by law and committed to preventing sales to anyone under the legal purchasing age for any of our products. When you place an order, your name and address are used to confirm your identity and age. This process only must be done once. In some cases we might be unable to verify your age during check-out and will need you to provide alternate information to complete your order.
Last Four Digits of SSN and Date of Birth
VapeWild deploys IDology’s services to perform these checks. IDology, an industry leader in age verification, uses billions of records from multiple trusted and secure data sources to verify the information that you provide and ensure that you qualify to access and purchase products from VapeWild.com. This process has been developed with privacy in mind and age verifications are secure with detailed information neither shared nor accessible. It is our commitment to ensure timely and expedient service, and refusal to utilize these services will result in cancellation of your order.
Disclaimer: We reserve the right to use third party age verification systems, in accordance with federal law. If necessary, we reserve the right to ask for identification if necessary. You must be legal smoking age for the state in which you reside to obtain and use a credit card and to purchase electronic cigarette products. In instances in which credit card verification is not enough, we may require to review your identification card. You will be asked to fax or email a legible copy of your identification clearly showing your age and shipping address. We will require a signed authorization note along with a legible copy of your identification card. We will cancel the order if proper identification cannot be given in an appropriate amount of time. All fraudulent orders may be reported to the local authorities within your vicinity.
VapeWild reserves the right to refuse service to anyone.
WARNING & DISCLAIMER:
The user must have appropriate understanding of lithium ion batteries before purchase. Use caution when working with and using lithium ion batteries as they are very sensitive to charging characteristics and may explode, burn, or cause a fire if misused or mishandled. Always charge in or on a fire-proof surface. Never leave batteries charging unattended. Buyer is responsible for any damage or injury caused by misuse or mishandling lithium ion batteries and chargers. No express or implied guarantee of compatibility, suitability, or fitness for any particular purpose or with any device can be made. Charge only with a smart charger designed for this specific type of lithium ion battery. Do not mix and match old and new, used and unused batteries. VapeWild and any of its parent, subsidiary, and affiliate companies (collectively, the "VapeWild Entities") will not be held responsible or liable for any damage, injury, or defect caused by the use or handling of any rechargeable batteries. You understand that the VapeWild Entities do not manufacture batteries and shall not be responsible in anyway for your use of any batteries bought on this website.
Misusing or mishandling lithium ion batteries can pose a Serious Risk of personal injury, property damage, or death
BATTERIES MAY EXPLODE, BURN, OR CAUSE A FIRE IF MISUSED OR MISHANDLED
ONLY use with proper protection circuitry
ONLY use within manufacturer specification and according to manufacturer disclaimers
DO NOT store loose in pocket, purse, etc. – always use a protective case
KEEP AWAY from metal objects to prevent short circuiting
DO NOT short circuit
DO NOT use if wrapper or insulator is damaged or torn
DO NOT use if damaged in any way
DO NOT overcharge or over-discharge
DO NOT modify, disassemble, puncture, cut, crush, or incinerate
DO NOT expose to liquids or high temperatures
DO NOT solder
User must be familiar with handling lithium ion batteries before purchase
Usage of batteries is AT YOUR OWN RISK
VapeWild® Membership Club Terms & Conditions
This VapeWild Membership Club Terms & Conditions (the “Agreement”) is a legally binding agreement between you (the “Member” or “you”) and VapeWild Wholesale, Inc., its affiliates, and its and their respective parents and subsidiaries (individually and collectively, "VapeWild," "we," "our" or "us"), and applies to your opportunity to become a member of the VapeWild Membership Club in which you will have special opportunities to purchase e-liquid, vaporizers, and related products (collectively, the "Member Services").
We may revise and update this Agreement from time to time in our sole discretion. Changes are effective immediately when we notify you by sending an email and apply to all access to and use of the Member Services thereafter.
1. VapeWild Membership Club.
1.1. Benefits. As a member of the VapeWild Membership Club, you are generally entitled to receive:
- Free shipping on orders placed through VapeWild.com (some restrictions apply);
- 5% off every order during your first year of membership and the discount increases 1% per year of consecutive, uninterrupted membership up to a total of 10%;
- Access to special Members-only flavors year-round; and
- Early Access to certain sales and promotions.
1.2. Changes. The VapeWild Membership Club is constantly innovating in order to provide the best possible experience for our Members. You acknowledge and agree that the Member Services which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Member Services (or any features within the Member Services) to Members in our sole discretion, without prior notice to you.
2. Membership Eligibility and Registration.
2.1. Eligibility. To obtain membership, you must:
- be at least 18 years old and of legal age to purchase e-liquid products in your state of primary residency;
- have a valid form of identification; and
- have a mailing address located in the 50 United States or Protectorates (including but not limited to Guam, Puerto Rico, US Virgin Islands, and US APO/FPO addresses).
2.2. Registration. To utilize the Member Services, you will be asked to register for a personal account with VapeWild (an "Account"), follow the instructions provided by Company, and provide the requested personally identifiable information (i.e., name, email address, date of birth, and method of payment information) (collectively, the "PII"). You represent and warrant that all PII you provide in connection with registering your Account is complete and accurate, and that you are authorized to use the method of payment you provide in connection with your use of the Member Services. You also agree to review and update your Account as and when necessary to maintain the most current PII. VapeWild reserves the right to refuse membership to any applicant and membership may be terminated at VapeWild’s discretion and without cause.
3. Restrictions on Use.
3.1. You agree to use the Services for personal use and not for commercial purposes.
3.2. Members may not have more than one active membership account.
3.3. Members may not take part in more than one global discount program at a time, including but not limited to Active Duty Military, Veteran, and wholesale discounts.
3.4. You acknowledge and agree that you may never use another Member’s Account.
3.5. Members are prohibited from selling, trading or otherwise transferring a membership account to anyone else. We are not liable for any damages or losses caused by someone using your account without your permission. If VapeWild suffers any damage due to the unauthorized use of your account, you may be liable.
3.6. You agree to use the Member Services only for purposes that are permitted by (a) this Agreement and (b) any applicable law or regulation.
4. Pricing, Renewals, and Termination.
4.1. Price. Annual membership dues are $49.99 per year. All membership dues paid are for a time period conspicuously communicated to the member. These dues are non-refundable in any event of membership cessation, be that customer misconduct, customer request, or a customer's inability to reap benefits of a membership. State sales tax is applicable to
4.2. Termination. You may stop using the Member Services at any time. To cancel your membership, please do so by logging in to your account and cancelling.
4.3. Automatic Renewal.
4.3.1. All new Members will be automatically enrolled for automatic renewal, unless they do not provide information required for enrollment at the time of membership sign-up or have specifically opted out of the program.
4.3.2. If a Member is enrolled in automatic renewal, VapeWild will charge the membership fee, plus any applicable taxes, to the Account approximately one day before the end of each membership term. By enrolling in automatic renewal, a Member authorizes VapeWild to charge the scheduled payments to the account identified for payment.
4.3.3. VapeWild will send information about automatic renewal and membership renewal by email only. A valid email address is required for enrollment in automatic renewal. By enrolling in automatic renewal, you agree to receive communication about renewals only by email.
4.3.4. A Member's authorization under automatic renewal allows VapeWild to adjust the scheduled charge to reflect any changes to the membership fee or taxes. If there is a change to the fee, VapeWild will notify the Member by email, at least 10 days prior to making any charge. VapeWild will not send a bill before making the charges, and it is the Member's responsibility to ensure sufficient funds are available at the time of each payment.
4.3.5. Continued participation in automatic renewal after any changes to this Agreement or changes to the membership fee constitutes acceptance of the changes. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP AND/OR AUTOMATIC RENEWAL.
4.3.6. Members may cancel automatic renewal at any time online. If a Member cancels automatic renewal, the current membership remains active unless it is canceled as well. To cancel the membership, the Member must do so online. ALL AUTHORIZATIONS UNDER THE AUTO RENEW PROGRAM REMAIN IN EFFECT UNTIL THE AUTOMATIC RENEWAL OPTION IS CANCELLED.
4.4. Members Not Enrolled in Automatic Renewal.
4.4.1. Members will receive a renewal notice by email unless enrolled in automatic renewal.
4.4.2. Members may renew online.
4.4.3. A renewal initiated within sixty (60) days after your expiration date will extend your Membership for twelve (12) months from the expiration date. If your Membership has been expired for more than sixty (60) days, VapeWild has discretion to extend your Membership for twelve (12) months from the date you initiated the renewal. THIS MAY AFFECT YOUR ACCRUING DISCOUNT.
5. Free Shipping Terms.
Members with an active membership receive free shipping on all eligible online items. Free shipping is available in the 50 United States and Protectorates (including but not limited to Guam, Puerto Rico, US Virgin Islands, and US APO/FPO addresses).
6. LIMITATION OF LIABILITY.
YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL VAPE WILD, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN THE MEMBER SERVICES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ALL THE MEMBERSHIP PAYMENTS ACTUALLY MADE BY YOU DURING THE COURSE OF YOUR MEMBERSHIP, OR THE AMOUNT OF YOUR VAPE WILD PURCHASES, AS APPLICABLE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. YOU REPRESENT THAT YOU HAVE THE REQUIRED LEGAL CAPACITY AND THAT YOU ARE OF THE REQUIRED LEGAL AGE TO ENTER INTO THESE TERMS AND THAT NO ONE ELSE HAS ANY INTEREST IN YOUR ACCOUNT.
7. Dispute Resolution.
Your relationship with VapeWild will be governed by the laws of the State of Texas. This Agreement shall be interpreted, construed, enforced, and governed in all aspects in accordance with the exclusive jurisdiction and laws of Texas. Any suit, cause of action, or legal proceeding arising under or relating to your Membership, including this Agreement, shall be in the exclusive jurisdiction and venue of the state courts of Texas, situated in Dallas County, Texas or the federal courts situated in the Northern District of Texas.
8. Miscellaneous Terms.
8.1. Entire Agreement. This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective as to that provision only and only if made in writing and signed by VapeWild.
8.2. Severability. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remaining terms shall remain in full force and effect.
8.3. Survival. The provisions of this Agreement that by their nature are intended to survive termination of this Agreement shall survive termination. Effective September 12, 2018.