Limitations on Liability; Dispute Resolution
(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.
Disclaimer of Warranties and Limitation of Liability
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE PLATFORM AND THE PRODUCTS AND SERVICES ON THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. THE PLATFORM, PRODUCTS, AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY PRODUCTS OR SERVICES ON THE PLATFORM OTHER THAN AS SET FORTH HEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE PLATFORM.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVD, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE PLATFORM, PRODUCTS OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE PLATFORM, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE PLATFORM (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE PLATFORM OR ANY OF OUR PRODUCTS OR SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID FOR ANY PRODUCT OR SERVICE GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
Indemnification. You shall indemnify, defend and hold AVD harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by AVD in connection with any claims arising out of, based upon or resulting from your participation and use of the Platform in any manner whatsoever, whether by you or by a third party using your log-in. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
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.