General Terms and Conditions of Use
(Last Updated Date: October 1, 2020)
Next Level Ventures LLC dba “AVD” and “Advanced Vapor Devices”, together with its affiliates (hereafter “AVD”, “our,” “we,” or “us”) have adopted certain rules and policies (“Rules and Policies”) that apply to our websites, mobile applications, social media sites and physical locations and premises (collectively, our “Platform”). We also have Rules and Policies that govern the distribution and sale of our products (see “General Terms and Conditions of Sale”).
By visiting and using the Platform, you consent to and agree to abide by all of our Rules and Policies, which include but are not limited to the following documents, which are incorporated by reference herein for all purposes:
- General Terms and Conditions of Use (last revised October 1, 2020)
- Limitations on Liability; Dispute Resolution (last revised October 1, 2020)
- General Terms and Conditions of Sale (last revised October 1, 2020)
- Commercial Limited Warranty (last revised October 1, 2020)
- End User Limited Warranty (last revised October 1, 2020)
Compliance with other Rules and Policies. You acknowledge that you have read and agree to the terms of our other Rules and Policies. We may change any of our Rules and Policies at any time. If we make material changes, we will notify you either by posting the changed rules and policies on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of the affected Rules and Policies. If we let you know of changes through an email communication, then the date on which the email is sent shall be the deemed to be the date of your receipt of that email.
It’s important that you review all changes to any Rules and Policies. If you do not wish to agree to any changes to the Rules and Policies, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate any AVD account(s) you may have by providing us with your notice of termination (see Contact Us). Your continued use of the Platform after such changes are posted will constitute your agreement to such amended Rules and Policies.
No Legal Advice. Although we may provide references to relevant laws, nothing in our Rules and Polices is meant to constitute legal advice. You should check with your state’s Attorney General Office to ensure you are in full compliance with legal requirements. If you are unsure about proper compliance, seek the assistance of a licensed and qualified attorney.
Independent Contractors. You and AVD are independent contractors. No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by these Terms and Conditions.
Electronic Execution. Your use of the Platform constitutes your acknowledgement and acceptance of all terms and conditions of our Rules and Policies these and will have the same legal force and effect as if you had physically signed them. You agree to the admissibility of computer records and electronic evidence in any dispute under any of our Rules and Policies.
Interpretation; Severability. If any provision of any of our Rules or Policies is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of these Rules and Policies, and the remainder of these Rules and Policies shall continue in full force and effect.
No Waiver. The failure by either party to exercise or enforce any rights or provisions of any of our Rules and Policies shall not constitute a waiver of such right or provision.
Entire Agreement. Our Rules and Policies, including any other applicable terms and conditions or rules that govern your use of the Platform, which are either incorporated herein by specific reference or posted on the Platform from time to time, comprises the entire agreement between you and AVD, and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior version of any Rules or Policies).
Survival. All provisions in these Rules and Policies regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Rules and Policies. The titles and headings contained in these Rules and Policies are used for convenience only and are not intended to affect the meaning or interpretation of these Rules and Policies.
Binding Effect. These Rules and Policies are binding upon and inure to the benefit of the respective successors and assigns of the parties, but you may not assign these Rules and Policies to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. These Rules and Policies are solely for the benefit of AVD, its affiliates, and you, and shall not be construed for the benefit of any third party.
Time Limitation on Claims and Causes of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Rules and Policies or your use of the Platform must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred. Please see “Limitations on Liability and Dispute Resolution” for other Rules and Policies.
Governing Law; Venue. Your use of the Platform shall be governed by, and these Rules and Policies shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts of competent jurisdiction located in King County, Washington for any action arising out of or relating to these Rules and Policies, or your use of or relating to the Platform. You shall not commence or prosecute any suit or action except as provided herein. Please see “Limitations on Liability and Dispute Resolution” for other Rules and Policies.
Questions and Comments. If you’d like to provide feedback to us about any of our Rules or Policies, or if you have any questions, please contact us at the address of our headquarters provided below:
Next Level Ventures LLC
3131 Western Avenue, Suite 325
Seattle, WA 98121
© 2020 Next Level Ventures LLC. All rights reserved. The products may be protected by U.S. patents, with other patents pending in the USA and elsewhere. “AVD” and “Advanced Vapor Devices” and other marks indicated on our Platform and the logo forms of the foregoing marks are trademarks and/or service marks of Next Level Ventures LLC and may be registered in the United States or in other jurisdictions including internationally.