Terms of Use

By accessing or otherwise interacting with our servers, services, websites, mobile app ("App"), or any associated content, postings, ad listings, or listings created by others (together, "BuySellVape.com"), you agree to these Terms of Use ("TOU") (last updated September 9th, 2019). You acknowledge and agree that BuySellVape.com is a private site owned and operated by BuySellVape.com If you are accessing or using BuySellVape.com on behalf of a business, you represent and warrant to BuySellVape.com that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use, view or contact any listing party on this website and or via BuySellVape.comor download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use BuySellVape.com. Our privacy policy,prohibited list, and all other policies, site rules, and agreements referenced below or onBuySellVape.com, are fully incorporated into this TOU, and you agree to them all as well.

CALIFORNIA PROPOSITION 65 WARNING.This product can expose you to chemicals including nicotine, which is known to the State of California to cause birth defects and other reproductive harm. For more information, go to https://www.p65warnings.ca.gov/

DISCLAIMER. Products listed and sold via BuySellVape.com are NOT smoking cessation products and have NOT been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition.

MANUFACTURER WARRANTIES. All warranties are guaranteed only through their manufacturer. We are not responsible for any manufacturer claims, defects or damage caused by a manufacturer’s products. By purchasing via this website, you understand the nature of the products and the dangers that may occur if misused. BuySellVape.com does not warranty or accept any returns for consumable or personal hygiene items that have been opened, used or listed via this website. Consumable items include but are not limited to e-liquid and replacement coil heads and personal hygiene items include items such as atomizers and mouthpieces. BuySellVape.com does not manufacture any items sold on BuySellVape.com and offers no warranties or guarantees of any products, and additional items that have been used or altered in any way may not be returned. This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BuySellVape.com disclaims all warranties, express or implied. BuySellVape.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BuySellVape.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

AGE POLICY.

THIS SITE CONTAINS INFORMATION REGARDING ELECTRONIC CIGARETTES. YOU MUST BE OF LEGAL SMOKING AGE IN YOUR STATE TO ENTER, VIEW OR USE THIS WEBSITE.

In accordance with federal law, you must be of legal age to purchase electronic cigarettes via this website. Falsification of your age for the purpose of purchasing products from this website is strictly illegal and is punishable to the fullest extent of the law. By using and communicating via this website, you are confirming that you are of LEGAL age to purchase electronic cigarette products and you are not in violation of any applicable local government regulations concerning vapor products.

GOVERNMENT TAXES.

All customers who complete a purchase or make a sell viaBuySellVape.com accept full responsibility for any taxes or fees owed to their respective local and federal government entities. Customers shipping to any other jurisdiction agree to report and remit any applicable taxes and or fees (including but not limited to use tax, customs duties and taxes, or taxes related to the purchase of tobacco/vapor products) resulting from their purchase to their respective local government as required by law. BuySellVape.com shall not be responsible for enforcement or assurance of compliance with regulations or tax requirements for any customer’s local jurisdiction.

Effective October 1, 2016, any customer who completes an order which ships to the Commonwealth of Pennsylvania agrees to the following disclaimer:

“I affirm, under the penalty of perjury pursuant to the laws of the Commonwealth of Pennsylvania that I am of legal age to purchase this product and that I am aware of my sole obligation to pay a 40% tax on the products purchased by me to the The Department of Revenue of the Commonwealth of Pennsylvania. In consideration of the products and services provided to me via BuySellVape.com, I hereby waive and release BuySellVape.com and any of its affiliated companies, officers and agents from any and all claims regarding my purchase of the products I purchase via BuySellVape.com, including but not limited to, any claims or liability resulting from my failure to pay the taxes imposed upon me by the Commonwealth of Pennsylvania. I understand and agree that as an individual consumer purchasing these products I am deemed to be an “Unclassified Importer” pursuant to the laws of the Commonwealth of Pennsylvania. I understand that it is my sole responsibility to pay the 40% tax imposed by the Commonwealth of Pennsylvania and that such tax is based on the Unclassified Importer’s purchase price of the tobacco products and that it is my sole responsibility to pay this tax which I shall remit.”

LICENSE. If you agree to the TOU and (1) are of sufficient legal tobacco smoking age in your state and legal age capacity to useBuySellVape.com and be bound by the TOU, or (2) use BuySellVape.com on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use BuySellVape.com in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from BuySellVape.com, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with BuySellVape.com, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collectBuySellVape.com content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of BuySellVape.com policies or rules referenced above ("Prohibited Content"). You agree not to abuse BuySellVape.com flagging or reporting processes. You agree not to collect BuySellVape.com user information or interfere with BuySellVape.com. You agree we may moderate BuySellVape.com access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account or listing. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make availableBuySellVape.com or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide BuySellVape.com, (iii) combine or integrate BuySellVape.com or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protectsBuySellVape.com or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to useBuySellVape.com or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting BuySellVape.com users' information, including personal or identifying information - $10.00 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use ofBuySellVape.com without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of BuySellVape.com - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $100.00 per violation; (E) sending an unauthorized/unsolicited email to an email address obtained from BuySellVape.com - $100.00 per violation; (F) using BuySellVape.com user information to make/send an unauthorized/unsolicited text message, call, or communication to aBuySellVape.com user - $500 per text/call/communication; (G) creating a misleading or unlawful BuySellVape.com account or buying/selling aBuySellVape.com account - $100.00 per violation; (H) abusing or attempting to abuse BuySellVape.com flagging or reporting processes - $10.00 per violation; (I) distributing any software to facilitate violations of the USE Section - $1,000 per violation; (J) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploitingBuySellVape.com content for any purpose without our express written consent - $2,000 for each day you engage in such violations; (K) requesting, viewing, or accessing more than 500 pages ofBuySellVape.com in any 24-hour period - $1.00 per page during the 24 hour period after the first 500 pages; (L) bypassing or attempting to bypass our moderation efforts - $10.00 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES. When you make a payment for your account (fees), you authorize us to charge your credit card and or account. If required any tax is additional. Member account or any seller or service fees we charge you are non-refundable, even for accounts we removed, delay, omit, re-categorize, re-rank, or otherwise moderate or limit. We may refuse at any time any accounts or postings.

DISCLAIMER & LIABILITY. To the full extent permitted by law,BuySellVape.com., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("BuySellVape.comEntities") (1) make no promises, warranties, or representations as toBuySellVape.com, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provideBuySellVape.com on an "AS IS" and "AS AVAILABLE" basis and any risk of using BuySellVape.com is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with BuySellVape.com.BuySellVape.com Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to BuySellVape.com, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to BuySellVape.com ("Claims") will be governed by the internal laws of Florida, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Florida (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Florida; (2) indemnify and hold BuySellVape.com Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of BuySellVape.com; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access BuySellVape.com thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.