Terms and Conditions
Effective Date: June 20, 2022
Last Updated: June 20, 2022
These terms constitute a binding agreement (“Terms”) between you and Timeless Select, LLC, an Arizona limited liability company (“Timeless,” “we,” or “us”), that govern your access to and use of http://www.timelessvapes.com (the “Website”), including any content, functionality, and services offered on or through the Website.
Please read the Terms carefully before you start to use the Website.
This Website is offered and available only to users who are twenty-one (21) years of age or older reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are at least twenty-one (21) years of age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. BY CONSENTING TO THEM, YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND TIMELESS BY MANDATORY INDIVIDUAL ARBITRATION. YOU ALSO AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Changes to the Terms
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are exclusively owned by Timeless, its licensors, or other providers of such material. All rights to such material are expressly reserved.
The materials on our Website are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may only access the Website for your personal, non-commercial use. Any attempt by you to download, store, or transmit any of the materials on our Website for any purpose not expressly authorized under these Terms is strictly prohibited without our consent. If we have not given you written permission, you may not display, duplicate, modify, distribute, sell, license, display, reverse-engineer, or create derivative works of the materials on our Website.
You acknowledge that no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Timeless. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may be fully prosecuted to the extent permissible by law.
Unless otherwise indicated, all website materials, including, without limitation, the Timeless logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of Timeless or its licensors. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of Timeless is strictly prohibited.
Timeless’ name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Timeless or its affiliates and licensors. You may not use such marks without the prior written permission of Timeless. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
These Terms do not grant you a license to use any materials on the Website, whether owned by us or by any third-party, including copyrighted materials, trademarks, service marks, or logos.
In addition to these Terms, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including applicable rules governing online conduct.
You may only access and use the Website for lawful purposes and your right of access is subject to your compliance with all applicable law.
– When accessing or using this Website, you will not:
– Use the Website for unlawful purposes.
– Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
– Upload, input, upload, or otherwise transmit any viruses, worms, ransomware, adware, Trojan horses, malware, or any other harmful computer code or programming software that are designed to disable, damage, impair, interfere with, or disrupt the functionality of the Website or any computers, hardware, software, system, data, or networks.
– Attempt to gain unauthorized to or surreptitiously intercept any data or information on the Website, or any computers, databases, programming, servers, or networks connected to the Website.
– Commit fraud or falsify data in connection with your use of the Website.
– Access, use, or copy any portion of the Website or its materials using indexing agents, spiders, bots, web crawlers, screen page scrapers, Denial of Service (DoS), traffic generators, or other similar automated devices or mechanisms.
– Engage in data mining, data gathering, or other extraction activities to retrieve data from any materials on the Website for any purpose without Timeless’ prior written consent.
– Engage in conduct that infringes upon, misappropriates, dilutes, reverse engineers, or otherwise exploits any of the intellectual property associated with the Website and its contents or materials.
– Use materials on the Website for purposes of damaging or acting maliciously against the goodwill, business interests, or reputation of Timeless and its subsidiaries or affiliates.
– Send unsolicited bulk messages or unsolicited commercial messages.
Timeless reserves the right to terminate your access to and use of the Website in its sole and absolute discretion without notification or compensation to you. We will also take appropriate legal action for any illegal or unauthorized use in violation of these Terms.
You agree to and will indemnify, defend, and hold harmless Timeless, its subsidiaries, affiliates, and their respective directors, officers, owners, employees, contractors, representatives, consultants, and agents (collectively, the “Timeless Parties”) from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorney’s fees) that arise out of or in connection with your access to the Website, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity. You also grant us the exclusive right to assume the defense and control of any matter subject to indemnification by you. We will notify you of any such claim, loss, liability, or demand, but our failure to do so does not waive or otherwise eliminate our rights to indemnification from you.
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express, written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice
Links from Website
If the Website contains links to other sites and resources provided by third parties, these links are only provided for your convenience. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TIMELESS NOR ANY PERSON ASSOCIATED WITH TIMELESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TIMELESS NOR ANYONE ASSOCIATED WITH TIMELESS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, TIMELESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TIMELESS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Arbitration
These Terms are governed by and interpreted in accordance with the laws of the State of Arizona, without reference rules regarding conflicts of law.
Except for disputes brought in small claims court, or disputes that cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration on an individual basis in Maricopa County, Arizona, in Phoenix, pursuant to the rules of American Arbitration Association, before one arbitrator selected in accordance with such rules.
NO ARBITRATION PROCEEDING MAY BE CONSOLIDATED OR JOINED WITH ANY OTHER PROCEEDING. BY CONSENTING TO ARBITRATION, YOU UNDERSTAND AND VOLUNTARILY WAIVE YOUR RIGHT AND OPPORTUNITY TO LITIGATE DISPUTES WITH ANY OF THE TIMELESS PARTIES IN A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
The parties to the arbitration shall equally share in the costs for the arbitration, with each party to bear its own attorneys’ fees and costs. Any final award or judgment may be filed and enforced in any court of competent jurisdictions.
Notwithstanding the foregoing, nothing in these Terms prohibit Timeless from, without waiving the right or obligation to arbitrate, immediately seeking injunctive relief or a temporary restraining order against you in a court of competent jurisdiction in the event of any actual, alleged, or threatened violation of Timeless’ intellectual property or other proprietary rights without posting of a bond, proof of damages, or other similar requirements.
If a court of competent jurisdiction finds that this arbitration provision is unenforceable or does not apply to a given dispute, you agree and hereby accept the Superior Courts of Arizona, Maricopa County, in Phoenix as the exclusive jurisdiction and venue over such dispute. You also agree to waive the right to a jury trial in any such dispute.
This arbitration provision will survive the termination of these Terms.
Class Action Waiver
All dispute resolution proceedings, whether in arbitration in court, will be exclusively conducted on an individual basis and not in a class or representative action, multi-district litigation, consolidated action, or private attorney general action.
BY CONSENTING TO THESE TERMS, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS.
Limitation to File a Dispute
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Users Outside of the United States
THIS WEBSITE IF ONLY INTENDED FOR USERS WITHIN THE UNITED STATES. IF YOU ARE NOT WITHIN THE UNITED STATES YOU MAY NOT USE THIS WEBSITE OR ACCESS ANY MATERIALS, FUNCTIONALITY, OR CONTENTS THEREON. WE MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE APPROPRIATENESS OR AVAILABILITY OF THE USE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES.
Waiver and Severability
No waiver of any provision of these Terms by Timeless will be effective unless in writing and signed by Timeless. A waiver by Timeless of any Terms should not be construed as a further or continuing waiver of such term or condition or a waiver of any other term or condition. A failure of Timeless to enforce a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent for purposes of rendering it enforceable, and all other remaining provisions of the Terms will continue in full force and effect.
For questions and concerns regarding these terms, please email us at [email protected], or by mail at Timeless Refinery Attention: Brand Team 215 S. Rockford Tempe, AZ 85281.