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TERMS AND CONDITIONS
 
Last updated August 20, 2022
 
 
 
TABLE OF CONTENTS
 
 
 
 
 
1. AGREEMENT TO TERMS
 
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vappzone LLC ("Company," “we," “us," or “our”), concerning your access to and use of the http://www.vappzone.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
 
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
 
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
 
 
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
 
 
2. INTELLECTUAL PROPERTY RIGHTS
 
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
 
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
 
 
3. USER REPRESENTATIONS
 
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
 
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
 
 
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
 
 
 
5. PROHIBITED ACTIVITIES
 
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
 
As a user of the Site, you agree not to:
  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
 
 
6. USER GENERATED CONTRIBUTIONS
 
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
 
 
7. CONTRIBUTION LICENSE
 
 
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
 
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
 
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
 
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
 
 
 
8. GUIDELINES FOR REVIEWS
 
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
 
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
 
 
 
9. MOBILE APPLICATION LICENSE
 
Use License
 
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
 
Apple and Android Devices
 
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
 
 
 
 
10. SOCIAL MEDIA
 
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
 
 
 
11. SUBMISSIONS
 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
 
 
 
12. THIRD-PARTY WEBSITE AND CONTENT
 
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
 
 
 
13. SITE MANAGEMENT
 
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
 
 
14. PRIVACY POLICY
 
We care about data privacy and security. Please review our Privacy Policy:
privacy notice
 
last updated july 18, 2022
 
 
 
this privacy notice for vappzone llc ("company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("services"), such as when you:
 
  • download and use our mobile application (vappzone), or any other application of ours that links to this privacy notice
 
  • engage with us in other related ways, including any sales, marketing, or events
questions or concerns? reading this privacy notice will help you understand your privacy rights and choices. if you do not agree with our policies and practices, please do not use our services. if you still have any questions or concerns, please contact us at contact@vappzone.com.
 
 
summary of key points
 
this summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. you can also click here to go directly to our table of contents.
 
what personal information do we process? when you visit, use, or navigate our services, we may process personal information depending on how you interact with vappzone llc and the services, the choices you make, and the products and features you use. click here to learn more.
 
do we process any sensitive personal information? we do not process sensitive personal information.
 
do we receive any information from third parties? we may receive information from public databases, marketing partners, social media platforms, and other outside sources. click here to learn more.
 
how do we process your information? we process your information to provide, improve, and administer our services, communicate with you, for security and fraud prevention, and to comply with law. we may also process your information for other purposes with your consent. we process your information only when we have a valid legal reason to do so. click here to learn more.
 
in what situations and with which parties do we share personal information? we may share information in specific situations and with specific third parties. click here to learn more.
 
how do we keep your information safe? we have organizational and technical processes and procedures in place to protect your personal information. however, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. click here to learn more.
 
what are your rights? depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. click here to learn more.
 
how do you exercise your rights? the easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. we will consider and act upon any request in accordance with applicable data protection laws.
 
want to learn more about what vappzone llc does with any information we collect? click here to review the notice in full.
 
 
table of contents
 
 
1. what information do we collect?
 
personal information you disclose to us
 
in short: we collect personal information that you provide to us.
 
we collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and services, when you participate in activities on the services, or otherwise when you contact us.
 
 
personal information provided by you. the personal information that we collect depends on the context of your interactions with us and the services, the choices you make, and the products and features you use. the personal information we collect may include the following:
  • names
 
  • phone numbers
 
  • email addresses
 
  • usernames
 
  • billing addresses
 
  • debit/credit card numbers
 
  • contact or authentication data
 
  • mailing addresses
 
  • job titles
 
sensitive information. we do not process sensitive information.
 
 
payment data. we may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. all payment data is stored by paypal and __________ and __________ and __________. you may find their privacy notice link(s) here: https://www.paypal.com/us/webapps/mpp/ua/privacy-full#personaldata and __________ and __________ and __________.
 
 
application data. if you use our application(s), we also may collect the following information if you choose to provide us with access or permission:
  • geolocation information. we may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. if you wish to change our access or permissions, you may do so in your device's settings.
 
  • push notifications. we may request to send you push notifications regarding your account or certain features of the application(s). if you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.
this information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.
 
 
all personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
 
 
information collected from other sources
 
in short: we may collect limited data from public databases, marketing partners, and other outside sources.
 
in order to enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, and from other third parties. this information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), internet protocol (ip) addresses, social media profiles, social media urls, and custom profiles, for purposes of targeted advertising and event promotion.
 
 
2. how do we process your information?
 
in short: we process your information to provide, improve, and administer our services, communicate with you, for security and fraud prevention, and to comply with law. we may also process your information for other purposes with your consent.
 
we process your personal information for a variety of reasons, depending on how you interact with our services, including:
 
  • to deliver and facilitate delivery of services to the user. we may process your information to provide you with the requested service.
 
  • to respond to user inquiries/offer support to users. we may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
 
  • to send administrative information to you. we may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
 
  • to fulfill and manage your orders. we may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the services.

 

  • to enable user-to-user communications. we may process your information if you choose to use any of our offerings that allow for communication with another user.

 

 

  • to request feedback. we may process your information when necessary to request feedback and to contact you about your use of our services.

 

 
  • to send you marketing and promotional communications. we may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. you can opt out of our marketing emails at any time. for more information, see "what are your privacy rights?" below).
 
  • to deliver targeted advertising to you. we may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
 
  • to protect our services. we may process your information as part of our efforts to keep our services safe and secure, including fraud monitoring and prevention.
 
  • to evaluate and improve our services, products, marketing, and your experience. we may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our services, products, marketing, and your experience.
 
  • to identify usage trends. we may process information about how you use our services to better understand how they are being used so we can improve them.
 
  • to determine the effectiveness of our marketing and promotional campaigns. we may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
 
  • to comply with our legal obligations. we may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
 
 
3. when and with whom do we share your personal information?
 
in short: we may share information in specific situations described in this section and/or with the following third parties.
 
 
we may need to share your personal information in the following situations:
  • business transfers. we may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
 
  • when we use google maps platform apis. we may share your information with certain google maps platform apis (e.g., google maps api, places api). to find out more about google’s privacy policy, please refer to this link. we use certain google maps platform apis to retrieve certain information when you make location-specific requests. this includes: bộ nhớ cache; and other similar information. a full list of what we use information for can be found in this section and in the previous section titled "how do we process your information?". we obtain and store on your device ("cache") your location for six (6) months. you may revoke your consent anytime by contacting us at the contact details provided at the end of this document. the google maps platform apis that we use store and access cookies and other information on your devices. if you are a user currently in the european economic area (eu countries, iceland, liechtenstein, and norway) or the united kingdom, please take a look at our cookie notice.
 
  • business partners. we may share your information with our business partners to offer you certain products, services, or promotions.
 
  • other users. when you share personal information (for example, by posting comments, contributions, or other content to the services) or otherwise interact with public areas of the services, such personal information may be viewed by all users and may be publicly made available outside the services in perpetuity. similarly, other users will be able to view descriptions of your activity, communicate with you within our services, and view your profile.
 
 
4. what is our stance on third-party websites?
 
in short: we are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our services, but are not affiliated with, our services.
 
the services may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. the inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. we cannot guarantee the safety and privacy of data you provide to any third parties. any data collected by third parties is not covered by this privacy notice. we are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the services. you should review the policies of such third parties and contact them directly to respond to your questions.
 
5. do we use cookies and other tracking technologies?
 
in short: we may use cookies and other tracking technologies to collect and store your information.
 
we may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. specific information about how we use such technologies and how you can refuse certain cookies is set out in our cookie notice.
 
6. how long do we keep your information?
 
in short: we keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
 
we will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). no purpose in this notice will require us keeping your personal information for longer than 1 year.
 
when we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
 
7. how do we keep your information safe?
 
in short: we aim to protect your personal information through a system of organizational and technical security measures.
 
we have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. however, despite our safeguards and efforts to secure your information, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. although we will do our best to protect your personal information, transmission of personal information to and from our services is at your own risk. you should only access the services within a secure environment.
 
8. do we collect information from minors?
 
in short: we do not knowingly collect data from or market to children under 18 years of age.
 
we do not knowingly solicit data from or market to children under 18 years of age. by using the services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the services. if we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. if you become aware of any data we may have collected from children under age 18, please contact us at contact@vappzone.com.
 
9. what are your privacy rights?
 
in short: you may review, change, or terminate your account at any time.
 
if you are located in the eea or uk and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. you can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
 
if you are located in switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
 
withdrawing your consent: if we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. you can withdraw your consent at any time by contacting us by using the contact details provided in the section "how can you contact us about this notice?" below.
 
however, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
 
opting out of marketing and promotional communications: you can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "stop" or "unsubscribe" to the sms messages that we send, or by contacting us using the details provided in the section "how can you contact us about this notice?" below. you will then be removed from the marketing lists. however, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
 
cookies and similar technologies: most web browsers are set to accept cookies by default. if you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. if you choose to remove cookies or reject cookies, this could affect certain features or services of our services. to opt out of interest-based advertising by advertisers on our services visit http://www.aboutads.info/choices/.
 
if you have questions or comments about your privacy rights, you may email us at contact@vappzone.com.
 
10. controls for do-not-track features
 
most web browsers and some mobile operating systems and mobile applications include a do-not-track ("dnt") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. at this stage no uniform technology standard for recognizing and implementing dnt signals has been finalized. as such, we do not currently respond to dnt browser signals or any other mechanism that automatically communicates your choice not to be tracked online. if a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
 
11. do california residents have specific privacy rights?
 
in short: yes, if you are a resident of california, you are granted specific rights regarding access to your personal information.
 
california civil code section 1798.83, also known as the "shine the light" law, permits our users who are california residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. if you are a california resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
 
if you are under 18 years of age, reside in california, and have a registered account with services, you have the right to request removal of unwanted data that you publicly post on the services. to request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in california. we will make sure the data is not publicly displayed on the services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
 
ccpa privacy notice
 
the california code of regulations defines a "resident" as:
 
(1) every individual who is in the state of california for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the state of california who is outside the state of california for a temporary or transitory purpose
 
all other individuals are defined as "non-residents."
 
if this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
 
what categories of personal information do we collect?
 
we have collected the following categories of personal information in the past twelve (12) months:
 
category examples collected
a. identifiers
contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, internet protocol address, email address, and account name
 
yes
 
b. personal information categories listed in the california customer records statute
name, contact information, education, employment, employment history, and financial information
 
yes
 
c. protected classification characteristics under california or federal law
gender and date of birth
 
yes
 
d. commercial information
transaction information, purchase history, financial details, and payment information
 
yes
 
e. biometric information
fingerprints and voiceprints
 
no
 
f. internet or other similar network activity
browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements
 
no
 
g. geolocation data
device location
 
yes
 
h. audio, electronic, visual, thermal, olfactory, or similar information
images and audio, video or call recordings created in connection with our business activities
 
no
 
i. professional or employment-related information
business contact details in order to provide you our services at a business level or job title, work history, and professional qualifications if you apply for a job with us
 
yes
 
j. education information
student records and directory information
 
yes
 
k. inferences drawn from other personal information
inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
 
yes
 
 
 
we may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
  • receiving help through our customer support channels;
 
  • participation in customer surveys or contests; and
 
  • facilitation in the delivery of our services and to respond to your inquiries.
how do we use and share your personal information?
 
more information about our data collection and sharing practices can be found in this privacy notice.
 
you may contact us by email at support@vappzone.com, by calling toll-free at 1-213-212-7191, 2601 oakdale rd ste h2 pmb modesto , ca 95355, or by referring to the contact details at the bottom of this document.
 
if you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
 
will your information be shared with anyone else?
 
we may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. each service provider is a for-profit entity that processes the information on our behalf.
 
we may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. this is not considered to be "selling" of your personal information.
 
vappzone llc has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. vappzone llc will not sell personal information in the future belonging to website visitors, users, and other consumers.
 
your rights with respect to your personal data
 
right to request deletion of the data — request to delete
 
you can ask for the deletion of your personal information. if you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
 
right to be informed — request to know
 
depending on the circumstances, you have a right to know:
  • whether we collect and use your personal information;
 
  • the categories of personal information that we collect;
 
  • the purposes for which the collected personal information is used;
 
  • whether we sell your personal information to third parties;
 
  • the categories of personal information that we sold or disclosed for a business purpose;
 
  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
 
  • the business or commercial purpose for collecting or selling personal information.
in accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
 
right to non-discrimination for the exercise of a consumer’s privacy rights
 
we will not discriminate against you if you exercise your privacy rights.
 
verification process
 
upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. these verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. for instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. we may also use other verification methods as the circumstances dictate.
 
we will only use personal information provided in your request to verify your identity or authority to make the request. to the extent possible, we will avoid requesting additional information from you for the purposes of verification. however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. we will delete such additionally provided information as soon as we finish verifying you.
 
other privacy rights
 
  • you may object to the processing of your personal information.
 
  • you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
 
  • you can designate an authorized agent to make a request under the ccpa on your behalf. we may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the ccpa.
 
  • you may request to opt out from future selling of your personal information to third parties. upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.
to exercise these rights, you can contact us by email at support@vappzone.com, by calling toll-free at 1-213-212-7191, 2601 oakdale rd ste h2 pmb modesto , ca 95355, or by referring to the contact details at the bottom of this document. if you have a complaint about how we handle your data, we would like to hear from you.
 
financial incentives
 
"financial incentive" means a program, benefit, or other offering, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information.
 
the law permits financial incentives or a price or service difference if it is reasonably related to the value of the consumer’s data. a business must be able to explain how the financial incentive or price or service difference is reasonably related to the value of the consumer’s data. the explanation must include:
  • a good-faith estimate of the value of the consumer’s data that forms the basis for offering the financial incentive or price or service difference; and
 
  • a description of the method the business used to calculate the value of the consumer’s data.
we may decide to offer a financial incentive (e.g., price or service difference) in exchange for the retention or sale of a consumer’s personal information.
 
if we decide to offer a financial incentive, we will notify you of such financial incentive and explain the price difference, as well as material terms of the financial incentive or price of service difference, including the categories of personal information that are implicated by the financial incentive or price or service difference.
 
if you choose to participate in the financial incentive you can withdraw from the financial incentive at any time by emailing us at support@vappzone.com, by calling us toll-free at 1-213-212-7191, 2601 oakdale rd ste h2 pmb modesto , ca 95355, or by referring to the contact details at the bottom of this document.
 
12. do we make updates to this notice?
 
in short: yes, we will update this notice as necessary to stay compliant with relevant laws.
 
we may update this privacy notice from time to time. the updated version will be indicated by an updated "revised" date and the updated version will be effective as soon as it is accessible. if we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. we encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
 
13. how can you contact us about this notice?
 
if you have questions or comments about this notice, you may email us at contact@vappzone.com or by post to:
 
vappzone llc
2601 oakdale rd ste h2 pmb
contact@vappzone.com
modesto, ca 95355
united states
 
14. how can you review, update, or delete the data we collect from you?
 
based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. to request to review, update, or delete your personal information, please submit a request form by clicking here.
. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
 
 
 
15. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
 
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
 
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
 
Counter Notification
 
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
 
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
 
 
Designated Copyright Agent
vappzone
Attn: Copyright Agent
2601 Oakdale Rd Ste H2 PMB Modesto , CA 95355
 
Modesto, CA 95355
United States
contact@vappzone.com
 
 
 
16. TERM AND TERMINATION
 
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
 
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
 
 
17. MODIFICATIONS AND INTERRUPTIONS
 
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
 
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
 
 
18. GOVERNING LAW
 
 
These Terms shall be governed by and defined following the laws of __________. Vappzone LLC and yourself irrevocably consent that the courts of __________ shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
 
 
 
19. DISPUTE RESOLUTION
 
Informal Negotiations
 
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
 
Binding Arbitration
 
 
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in California, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
 
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in California, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
 
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
 
Restrictions
 
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
 
Exceptions to Informal Negotiations and Arbitration
 
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
 
 
20. CORRECTIONS
 
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
 
 
21. DISCLAIMER
 
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
 
 
22. LIMITATIONS OF LIABILITY
 
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
 
23. INDEMNIFICATION
 
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
 
 
24. USER DATA
 
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
 
 
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
 
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
 
 
 
26. CALIFORNIA USERS AND RESIDENTS
 
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
 
 
 
27. MISCELLANEOUS
 
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
 
 
 
28. CONTACT US
 
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
 
Vappzone LLC
2601 Oakdale Rd Ste H2 PMB
 
Modesto, CA 95355
 
United States
 
Phone: 1-212-213-7191
 
contact@vappzone.com