Terms & Conditions
LAST UPDATED: August 14th, 2016
By using the The Vape Trader (herebv also referred to as ‘the [web]site,’ ‘this [web]site,’ ‘our [web]site,’ TheVapeTrader.com, or The Vape Trader LLC) you are agreeing to the following terms and conditions:
While using The Vape Trader, you agree to not:
Use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
Violate any Country, Federal, State, County, and City laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
Post any material that is copyrighted, trademarked, or patented without permission of the licensing individual or entity. This includes the copying of information from another user’s listing or any product that may encourage the violation of said rights;
Post content or items in an inappropriate category;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
Manipulate the price of any item or interfere with other user’s listings;
Circumvent or manipulate our fee structure, the billing process, or fees owed to The Vape Trader;
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to The Vape Trader);
Transfer, assign, or sell your The Vape Trader account (including feedback) and User ID to another party without our consent;
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm The Vape Trader, or the interests or property of The Vape Trader users;
Copy, modify, or distribute content from the Site, including but not limited to and The Vape Trader trademarks, copyrights, and intellectual property; or
Harvest or otherwise collect information about users, including email addresses, without their consent.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of The Vape Trader and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Abusing or Violating The Vape Trader
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
The Vape Trader in an attempt to provide the highest quality site to its users considers an abuse and violation of the terms and agreement should a user receive three or more negative notations within the prior 365 days. Upon receipt of a second negative notation on a user’s account, the user shall receive a warning notice of possible suspension should a third notation be received. At the third negative notation, the user’s account shall be suspended for 31 days. Any negative notations beyond the third one will trigger an automatic permanent suspension from using the site and services offered.
Abusing or Violating The Vape Trader
Joining The Vape Trader and trading, buying, and/or bidding on items listed by 3rd parties is FREE. We do charge fees for listing item/s within certain categories. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days’ notice by posting the changes on The Vape Trader site. We may choose to temporarily change the fees for our services for promotional events (i.e.: free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the website.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your account balance.)
When you submit content to the site by listing an ad, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You will not hold The Vape Trader responsible for other users’ content, actions or inaction’s, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
You will not hold The Vape Trader responsible for other users’ content, actions or inaction’s, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code ß 2401(2) and Uniform Commercial Code ß 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code ß 2401(2) and Uniform Commercial Code ß 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Additionally, any user who creates said liability shall be required to fully indemnify The Vape Trader for any costs, expenses, and legal fees it incurs defending the allegations.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The sites may contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to The Vape Trader by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Legal notices may sent to The Vape Trader LLC via email ([email protected]
Except as explicitly stated otherwise, general legal notices shall be served on The Vape Trader website (TheVapeTrader.com) and personal legal notices to the email address you provide to The Vape Trader during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may send legal notices by mail to the physical address associated with the User’s name and IP address provided during the registration process. In such case, notices shall be deemed given five (5) days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and The Vape Trader, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and The Vape Trader agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against The Vape Trader must be resolved by a court located in Denver County, Colorado, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.