TERMS OF SERVICE
LAST UPDATED ON August 28, 2020
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND BLUE CLOUD VAPES. (“WE” OR “BLUE CLOUD VAPES”), THE OWNER AND OPERATOR OF THE HTTPS://WWW.BLUECLOUDVAPES.COM WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM THE SITE.
By signing up for an account (as defined below), you represent, acknowledge and agree that you are at least 21 years of age, and hereby agree to this Agreement and to fully indemnify, release and hold harmless Blue Cloud Vapes.
1 – CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the site
Blue Cloud Vapes may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products
(as defined below in Section 3.1). Blue Cloud Vapes reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Blue Cloud Vapes uses a third party payment processing service to process orders and bill fees to your credit card.
1.3 – Privacy
PLEASE TAKE NOTICE that Blue Cloud Vapes (and its third party service providers) automatically collects various types of information about your visits to our Site, registration to use our Services. In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.
We and/or our third party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services. We may also use third-party website analytics tools (such as Omniture, Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.
The types of information we may collect by such automated means include: Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; Dates and times of visits to our Sites; Information on actions taken on our Site (such as page views and site navigation patterns); A general geographic location (such as country and city) from which a visitor accesses our Site; Search terms that visitors use to reach our Site and the webpage that led you to the Site.
2 – PASSWORDS; USE OF SITE
2.1 – Passwords
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Blue Cloud Vapes if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – Use of Site; Prohibitions
Subject to your compliance with this Agreement, Blue Cloud Vapes hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Blue Cloud Vapes or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE
3.1 – Sales of Products to End Users Only
Blue Cloud Vapes sells vape products (e-liquid, devices, atomizers, batteries), the “Product(s)”) from the Site to end-user customers who receive the Products only for their own personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose.
3.2 – Pricing
Pricing for Products (including any applicable shipping and handling fees) can be found on Blue Cloud Vapes’ then-current pricing page located on the Site at: https://www.bluecloudvapers. The price that we will charge you for the Products will be the price as posted on the Site on the date you login to the Site. Blue Cloud Vapes reserves the right to change prices for Products at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 – Product Use
Products sold are to be used as intended by manufacturer and as specified by instructions. Any deviation from product specification will void all manufacturer warranty. Batteries must be charged at the correct amperage specified by manufacturer to avoid limiting battery life, overheating, venting and to avoid possible fire. Be sure to store batteries in a plastic battery case when not in use. Never leave battery in charger unattended.
3.4 – Shipping and Product Acceptance
All shipments are sent Priority Mail or First-Class mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
Orders are typically processed the same day but not more than 24 hours during the week. Late day Friday orders as well as all Saturday and Sunday orders will be process the following business day.
Shipping fee is a flat $6.50 unless your order exceeds $75, at which no shipping fees applies.
All orders are packaged for safe shipping and sent via USPS. A tracking number will be assigned to each order and sent to customer e-mail. Order arrival date and times will vary depending upon distance from shipping city, Oldsmar, Florida to customer provided address. We offer no guarantees when your order will arrive. Most orders take 2-5 business days depending upon delivery address. Shippment dates are only estimates. Use the provided tracking number when contacting USPS about a delivery.
Orders cannot be altered or changed once placed. Should you wish to place an additional order a separate shipping fee will apply.
Inspect your parcel and order upon arrival. Damaged parcel can cause damage to products inside. Open package and determine your order matches order sheet inside parcel. Should product be damaged as a result of a damaged parcel be sure to take a photo of both damaged package and product. Contact USPS to remedy this problem. Should your parcel contents differ from the order sheet, take a photo and contact BCV at (813) 925-9722. Our resolution desk will help resolve any problems you may have an order.
3.5 – Refund & Warranty Policy
Blue Cloud Vapes does not offer refunds or replacements for e-liquid, tanks (atomizers), batteries or coils. We do not warranty any product performance. If you received a defective device contact BCV at (813) 925-9722 within 3 days of receipt of order and tell us why your product is defective. Any product deemed defective will be replaced with a similar product at no extra cost once we receive the defective product. Any defective device older than 14 days can be handled with the manufacturer. Blue Cloud Vapes is not responsible for any damage to your order once it leaves our warehouse. Should your order arrive damaged, all claims will need to be addressed with the mail carrier service. Should customer order the incorrect pack of coils, Blue Cloud Vapes will only offer a refund of any unopened pack of coils if request is made within 24 hours of receipt of order. Customer is responsible for mailing back product to Blue Cloud Vapes at customer expense. Before any refund is approved, product and packaging integrity must be inspected before determining any refund (less any shipping and handling costs/fees related to the original purchase, which are non-refundable). All returns must be accompanied with an RA number from Blue Cloud Vapes. An RA may be provided through our Contact page. Notwithstanding the foregoing, Blue Cloud Vapes does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.
Blue Cloud Vapes will not provide a refund for a request that is received by Blue Cloud Vapes more than fourteen (14) days after the date of original shipment. Blue Cloud Vapes also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse, other abnormal use, or damaged by carrier (see section 3.3).
Once shipped any lost or stolen order needs to be addressed with the carrier. In order to further proceed with a claim, it is necessary to contact the police and file a report of the lost or stolen item(s). Only with a police report can BCV ship out a replacement order.
3.4 – Payment Methods
Blue Cloud Vapes accepts credit card payments only. You agree to pay all costs charged to your account based on Blue Cloud Vapes’ pricing in effect as shown on the payment page at checkout. You are also responsible for paying any sales taxes, merchant service charges plus fees, and shipping and handling fees that may apply to your purchase of Products and based on the address that you provide as the shipping address you provided, and you authorize Blue Cloud Vapes or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, Blue Cloud Vapes reserves the right to either suspend or terminate your account and terminate these Terms of Service. All sales and payments will be in US Dollars.
Blue Cloud Vapes and Blue Cloud Vapes’ third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Blue Cloud Vapes and Blue Cloud Vapes’ third party payment service provider at the election of your credit card issuer. Neither Blue Cloud Vapes nor Blue Cloud Vapes’s third party payment service provider is responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.
IMPORTANT NOTICE TO CONSUMER:
3.5 – Shipping and Product Acceptance
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Blue Cloud Vapes or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Blue Cloud Vapes is a trademark of Blue Cloud Vapes in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Blue Cloud Vapes, Copyright© 2015 Blue Fire Vapes, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5 – PRODUCT/IDEA SUBMISSIONS
Blue Cloud Vapes and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Blue Cloud Vapes or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Blue Cloud Vapes’ products, services or marketing strategies might seem similar to ideas submitted to Blue Cloud Vapes. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions.
You agree that:
- Any Submission (including its complete contents) by you to Blue Cloud Vapes will automatically become the property of Blue Cloud Vapes, without any compensation to you;
- Blue Cloud Vapes may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
- Blue Cloud Vapes has no obligation to review any Submission; and
- Blue Cloud Vapes has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, Blue Cloud Vapes.
6 – THIRD PARTY SITES; INDEMNIFICATION
6.1 – Third Party Web Sites
6.2 – Indemnification
You hereby agree to defend, release, indemnify and hold harmless each of the Blue Cloud Vapes Parties (as defined in Section below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
7 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. BLUE CLOUD VAPES, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “BLUE CLOUD VAPES PARTIES”): (A)EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B)DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C)DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D)DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, AND PRODUCTS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND BLUE CLOUD VAPES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUE CLOUD VAPES OR ANY PERSON ON BEHALF OF BLUE CLOUD VAPES SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 9 SHALL EXCLUDE OR LIMIT THE BLUE CLOUD VAPES PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY BLUE CLOUD VAPES PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A BLUE CLOUD VAPES PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A BLUE CLOUD VAPES PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, OR PRODUCTS, THE RELEVANT BLUE CLOUD VAPES PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID BLUE CLOUD VAPES FOR THE PRODUCTS, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED US DOLLARS (US$100).
NOTHING IN THIS SECTION 10 SHALL EXCLUDE OR LIMIT ANY BLUE CLOUD VAPES PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH BLUE CLOUD VAPES PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
9.1 – Dispute and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at https://www.bluecloudvapes.com or Blue Cloud Vapes, Attn: Customer Service, 3970 Tampa Road, Suite C, Oldsmar, Florida 34677. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO BLUE CLOUD VAPES’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 11.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Blue Cloud Vapes has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Blue Cloud Vapes for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Clearwater, Florida, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Florida Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
9.2 – Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in Pinellas County, Florida. If any provision of the Agreement is invalid un
der the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
10 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
10.1 – Electronic Communications
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
10.2 – General Terms