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Avail Life Program Terms and Conditions

 

IMPORANT – PLEASE READ CAREFULLY

 

Welcome to the AVAIL Life Program!

 

Terms of Use.  YOUR ENROLLMENT IN THE AVAIL LIFE PROGRAM (“Program”) AND PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USE OF THE PROGRAM CARD.  AVAIL Vapor, LLC (“AVAIL Vapor” or “we” or us”), suggests printing and retaining a copy of these Terms and Conditions for your future reference, but you should be aware that we may alter the Program, cancel the Program and revise these Terms and Conditions as reflected below.  This card is issued by and the property of AVAIL Vapor and may only be used by the cardholder to whom it is registered.  Valid at participating AVAIL Vapor locations.  For your protection, notify any AVAIL Vapor location immediately if your card is lost or stolen. Cardholder is responsible for all authorized use of the card and any unauthorized use to the extent of the law.  For AVAIL Life customer service call 800-38-AVAIL.

 

Electronic Communications; Privacy.  By enrolling in the Program and by participating in the Program, you thereby agree that AVAIL Vapor has permission to communicate to you via the electronic contact points provided in your Program enrollment.  With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by AVAIL Vapor satisfies all legal notification requirements.  Please review the AVAIL Vapor Privacy Policy (located at https://www.availvapor.com/privacy-policy/ (the “Privacy Policy”) and the AVAIL Vapor Website Terms and Conditions (located at https://www.availvapor.com/terms-and-conditions/), each of which hereby also governs your participation in the Program and your conducting business with us, and each of which is incorporated into these Program Terms and Conditions by reference.

 

Usage.  You must be 18 years of age or older to enroll and participate in the Program. You further acknowledge and agree that you must be of legal smoking age to enroll and participate in the Program or to purchase or consume any of AVAIL Vapor’s products.  Enrollment and participation in the Program constitutes cardholder’s certification of being of legal smoking age in their state of residence.  AVAIL Vapor reserves the right to use third party age verification services at its discretion.

 

Awards.  All awards, coupons or other offers made under the Program have no cash value, are not transferrable by you and are revocable at any time by AVAIL Vapor without notice are subject to such terms and conditions as AVAIL Vapor may prescribe in its sole discretion.

 

Copyrights and Trademarks.  All the content used in connection with the Program, including without limitation text, graphics, photographs, sounds, data, images, audio and video clips, logos, button icons, digital downloads, data compilations, and software is the property of AVAIL Vapor or its third party licensors and is protected by U.S. and international copyright laws.  The copyrights to all contents of the Program are proprietary to AVAIL Vapor or its third party licensors, and you may not reproduce, post on any other website, modify, distribute or transmit any portion of the Program without the express written consent of AVAIL Vapor. Any name, logo, trademark or service mark used in connection with the Program is owned or licensed by AVAIL Vapor and may not be used by you without the prior written consent of AVAIL Vapor. You may participate in the Program only for your individual, commercial interaction with us, and for no other commercial use.

 

Modifications.  We reserve the right, at our sole discretion, to revise or terminate the Program and these Terms and Conditions at any time for any reason, without notice or obligation. By enrolling in the Program and by participating in the Program, you hereby agree to be bound by any such revisions or terminations we make to the Program or the Terms and Conditions. Your continued participation in the Program following the posting of changes to the terms or other policies means that you acknowledge and accept the changes thereto.

 

Disclaimer of Warranty and Limitation on Liability.  AVAIL VAPOR, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OR PARTICIPATION IN THE PROGRAM.

 

AVAIL VAPOR, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND ANY PRODUCTS RECEIVED OR CONSUMED THEREFROM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

AVAIL VAPOR, ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE OPERATION OF OR PARTICIPATION IN THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

 

THE LAWS OF CERTAIN STATES 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Severability.  If any provision of these Terms and Conditions shall be deemed unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.

 

How to Contact Us.  If you have any questions or comments about these Program Terms and Conditions, please contact us at: custservice@availvapor.com