Terms and Conditions

TERMS OF USE OF — [BC Vapors.com] DESCRIPTION OF SERVICE. The www.bcvapors.com website (the “Site”) is operated by BC Vapors Shop, Inc. www.bcvapors.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.bcvapors.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.bcvapors.com is a E-commerce Site. The purpose of this website is to connect to our customers and sell them product over the internet. We will sell all vape related items (ie: technology, accessories, e-liquid, etc). We will also have an information based connection to our consumer through videos, photos, blogs, newsletters, etc.
BINDING EFFECT. This is a binding agreement. By using the internet site www.bcvapors.com (the “Site”), or any service in connection with it (the “Service”), you agree to comply with these Terms of Use, as they may be amended from time to time by [BC Vapors.com] (“Company”) in its sole discretion. Company will post a notice on the Site any time the Terms of Use are materially changed or updated. It is your responsibility to review the Terms of Use. If at any time you find the Terms of Use unacceptable, you must leave the Site right away and cease use of it and the Service. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
PRIVACY POLICY. The privacy policy is incorporated into this Terms of Use Agreement and is a part of it.

USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, such software, including all files, images, and data (“Software”), are deemed licensed to you by Company for your personal, noncommercial, home use only. Company does not transfer the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software and all related intellectual property rights. You may not sell, redistribute, or reproduce the Software. You may not decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any way.

USER CONTENT. You grant Company a nontransferable, nonexclusive, worldwide license to sue the materials that you post to the Site or Service, including banner ads. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”), to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership of and use of intellectual property. You agree not to upload, download, display, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to obey all laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your User ID or from your computer. The burden of proving that any Content does not violate any laws or third party rights rests solely on you.

INAPPROPRIATE CONTENT. You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, threatening, vulgar, pornographic, lewd, hateful, political campaigns, chain letters, spam; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is misleading, false, or fraudulent; or (d) advertises or otherwise solicits funds or is a solicitation for goods or services beyond the specific goods or services for which you are specifically participating on the Site and for which you are contracting the Service (if you are contracting for Service on the Site); (e) information of other users or customers unless authorized to do so; (f) any content that may infringe the intellectual property of another (patent, trademark, copyright); (g) content intended to conceal or mislead regarding the identity of a user; (h) content with viruses, worms, malware, spyware, or any similar software or device designed to interfere with or harm the functioning of the Site or the Services or any system or data. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Nicotine Disclaimer
WARNING: Products sold by BC Vapors.com contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm. BC Vapors.com products are intended for use by smokers 18 years of age or older (21 where applicable). You must be of legal smoking age in your area to purchase and/or use our products. Products sold by BC Vapors.com are not intended for use by children, women who are pregnant or breast feeding, or by those who are at risk of heart disease, high blood pressure, diabetes, or are taking medication for depression or asthma. Do not use these products if you are sensitive or allergic to nicotine or the additive propylene glycol. This product is sold for recreational use only. Products sold by BC Vapors.com are not intended to diagnose, treat or prevent any condition, disorder, disease or other conditions are not a smoking cessation method and have not tested as such. Nicotine is extremely addictive and habit forming. Keep out of reach of children and pets. Products within this site have not been evaluated by the US Food and Drug Administration (FDA) or any international health organization.

PRODUCTS AND SERVICES OFFERED ON THE SITE. You understand and agree that products and services are offered on the Site, and that the Company does not check on or warranty the quality of such products and services or validity of claims or representations made by sellers regarding such products and services. IN USING THE SITE AND THE SERVICE, YOU MUST CONDUCT ANY NECESSARY, APPROPRIATE, PRUDENT, OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH, AND DUE DILIGENCE WITH RESPECT TO ANY USER CONTENT, ACTIVITIES, PRODUCTS OR SERVICES, OR ECONOMIC ACTIVITIES. BC Vapors.com does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not use or make any purchases from www.bcvapors.com. Registration and participation on BC Vapors.com site is restricted to those individuals over 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the BC Vapors.com site, you hereby represent that you are over 18 years of age.

COPYRIGHT INFRINGEMENT. Company has in place certain legally required procedures regarding allegations of copyright infringement on the Site or in the Service. Company has adopted a policy that provides for the immediate suspension or termination or any Site or Service user who is found to have infringed on the rights of Company or a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention in writing. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an email address; (e) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (f) a statement that the information in the notification is accurate, and under penalty of perjury under the laws of the State of California, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent: Shaun Bradley admin@bcvapors.com.

ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high-quality experience for you and other users, you agree that Company and its representatives and affiliates may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, gave false or misleading information to Company, or interfered with use of the Site or the Service by others.

NO WARRANTIES. COMPANY HEREBY DECLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND THE SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY CONTENT THAT YOU POST OR TRASMIT. IN USING THE SITE AND THE SERVICE, YOU MUST CONDUCT ANY NECESSARY, APPROPRIATE, PRUDENT, OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH, AND DUE DILIGENCE WITH RESPECT TO ANY USER CONTENT, ACTIVITIES, OR ECONOMIC ACTIVITIES. COMPANY DOES NOT OFFER ANY REPRENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES ADVERTISED ON THE SITE.

LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You hereby release Company and its successors, assigns, heirs, agents, and employees from all claims known or unknown, arising out of or related to the Site or the Service, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions) which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”

PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security feature of the Site or Service without permission, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability or the Service, the Site, or any associated system or network, or to breach security or authentication measures without authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service; (g) collecting personal information of users or visitors; (h) copying or derivative use of the Site’s contents; (i) using the Site to test any program, application, or service without Company’s authorization; (j) distribute Content from the Site without Company’s authorization; (k)performing meta-searches of the Site or the Service; (l) sending automated queries to the Site or the Service; (m)creating false or misleading identities or using others’ identities; (n) encouraging or assisting any other person to violate these Terms of Use. Any violation of system or network security may subject you to civil and/or criminal liability.

MODERATION OF CONTENT. Company has the right, but not the obligation, to regulate Content to enforce these Terms of Use for any reason and in any manner or by any means that Company, in its sole discretion, deems necessary or appropriate. This may involve removal of Content. The fact that the Company takes action or refrains from taking action to regulate Content in any particular case shall not constitute a waiver of Company’s right to regulate Content. You agree that action or inaction to regulate Content by Company or its directors, officers, stockholders, employees, consultants, agents, or representatives is taken in good faith, and you agree that Company and such persons shall not be liable to you or anyone else for any action or inaction in regulating Content.

USER NAME AND PASSWORD. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Company immediately upon any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

FURTHER DETAILS REGARDING USER NAME AND PASSWORD.
Company employees will never ask you for your password. If you are asked for a password, or you believe that someone may have obtained your password, you must contact Company.
You must provide us with and keep us up-to-date with accurate information, including name, address, email, and phone number. All such personal information, as well as the information you provide to register, is subject to the Privacy policy, incorporated into this Agreement.
Company, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). Company has no obligation to keep a record of your account or any data or information that you may have stored for your convenience.
By created an account, you are deemed to have “opted in” to all tracking, collection of information, use of information, and sharing of information with affiliates as set out under our Privacy Policy. Without limitation, you agree to receive emails from us periodically relating to your account, Site services, offers, and promotions, including third-party offers. If you wish to change this, contact the Company. You consent to Company’s right to record any responses and rating made by you in connection with your use of the Services.
When using the Services, Company may permit you to store data, preferences, content, or other information for your convenience, but Company is under no obligation to keep such data, preferences, content, or other information.

BROKERS AND MIDDLE-MEN; PROXIES. Users must act on their own behalf. Brokers and middle-men are not permitted. Proxy postings and postings on behalf of others is not permitted.

CATEGORIES OF ADVERTISING. Advertisers are allowed to classify their products and services under only one category. Multiple category placements are not allowed.

BANNER ADVERTISING. Where user has contracted for banner advertising services, Company will perform the following services on a non-exclusive basis, pursuant to the terms of the Advertising Contract: storage, presentation, copying, transmission, performance, and display of graphic image files, text, animation, software, and Internet links. User shall be responsible for trademark law compliance. Timing and frequency shall be as set out in the Advertising Contract or Banner Advertising Agreement.
NO ORAL CONTRACT. No directors, officers, stockholders, employees, consultants, agents, or representatives of Company are authorized to make oral contracts or agreements with users or anyone else regarding the moderation and regulation of Content. No such oral contracts or agreements shall be binding.
INDEMNITY. You agree to indemnify and hold harmless Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney’s fees and costs) arising from: (a) your access to or use of the Site, (b) your violation of these Terms of Use, (c) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity, (d) third party claims causes of action, demand or damages relating to or arising out of your interactions with others, including but not limited to the purchase or sale of goods or services. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
COPYRIGHT. All contents of Site or Service are: Copyright 2013 Company Lynn’s Vape Shop Inc.. All rights reserved.

FEES:
1. REFUNDS AND CANCELLATIONS: Except as required by law, all fees are nonrefundable, including, without limitation. Payments and purchases are final and may not be canceled or returned by the user, except as required by law.
2. CUSTOMER SERVICE: Contact 408-340-0746 or email admin@bcvapors.com.
3. CURRENCY: All fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card company or other payment method provider.
4. EXPORT OR LEGAL RESTRICTIONS: The users of the web site are responsible to comply with any applicable export restrictions or other legal restrictions. Company does not review the details of commerce on the site on a transaction-by-transaction basis to ascertain compliance with export or other laws, except that Company does review offerings on the web site for compliance with the Terms of Use.
5. DELIVERY POLICY: You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, you may use your purchases immediately upon approval of the charge, but if your charge is rejected for any reason, there may be a hold placed on your use of that transaction amount for up to several days.
6. CONSUMER DATA PRIVACY POLICY AND TRANSACTION SECURITY: Company is committed to protecting the security and privacy of your credit card. You will always be able to stop a payment after receiving your bank statement. Should your card be misused in an Internet purchase that uses SSL (Secure Socket Layer) in its payment system, you will not be liable for any form of self-risk. The data that you send in connection with a purchase through the use of a credit card is encrypted (SSL), so that only a safe and secure payment gateway can read it. Neither www.lynnsvapeshop.com nor any persons who do not have authorized access should be able to read this data.
7. ADDRESS OF MERCHANT: BC Vapors 13266 Hwy 9 Suite E, Boulder Creek, CA 95006. www.bcvapors.com
DISPUTES:
APPLICATION. This Disputes Section shall apply to all disputes in relation to the Site or the Service. There are three exceptions: (1) If Company believes that you have in any manner acted or failed to act in any manner that may cause harm to Company or any third party, Company may seek injunctive or other relief in any court of competent jurisdiction; (2) certain Service aspects are subject to different dispute resolution mechanisms, which are indicated in relation to those aspects; (3) any dispute may, at the option of the moving party, be resolved in small claims court in Santa Clara County, California, subject first to the informal resolution process provided for herein. In no event will this Section limit Company’s right to investigate complaints of violations of these Terms of Use or take action that Company deems necessary and appropriate, including reporting any suspicious unlawful activity to law enforcement, regulators, or other third parties.
INFORMAL RESOLUTION. If you have any dispute with us or any related third party, arising out of, relating to, or connected with, the Service, you agree to contact Company’s customer service, provide a brief, written description of the dispute and your contact information (including user name, if the dispute relates to an account), and give Company 30 days within which to resolve the dispute to your satisfaction.
LIMITATION OF ACTIONS. Regardless of any statute of law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site and/or the Service, must be filed within one calendar year after such claim or cause of action arises, or it shall be forever barred.
FORCE MAJEURE. Company will not be liable for failing to perform under this Terms of Use because of any event beyond its reasonable control.
GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States of America and the State of California, without reference to their rules regarding conflicts of laws. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Cruz, California in all disputes arising out of or related to the use of the Site or Service.
SEVERABILTIY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained in the Site should be understood as granting you a license to sue any of the trademarks, service marks, or logos owned by Company or by any third party.
CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privileges or doing business in any state or jurisdiction other than California.
MODIFICATIONS. Company may, in its sole discretion, and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or the Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately upon such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall comply with any such revision.
ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Children Under 18 year old. BC Vapors.com does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

The above information is subject to the Company’s Terms of Use and Privacy Policy.