Terms & Conditions
Last updated June 18, 2021
AGREEMENT TO TERMS
The Site is expressly limited to persons age 21 years or older who are consumers of tobacco and/or other nicotine products. By using the Site, you certify that you meet those criteria and understand that we will formally verify your age before you can purchase any products from us or be placed on our marketing contact lists.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You access the Site on your own initiative and are solely responsible for compliance with any applicable local laws.
INTELLECTUAL PROPERTY RIGHTS
The Site and all of the Content on it, except where otherwise specified, are our property (or that of our affiliates), including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and any other images or other materials we place in or on the Site (collectively, the “Content”), and the trademarks, service marks, logos, trade dress, and other protectable intellectual property contained therein (the “Marks”). The Content and the Marks are provided on the Site “AS IS” for your information only. You shall not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Site, the Content, or the Marks for any commercial or other purpose whatsoever.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse you any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select for any reason, in our sole discretion, including if we determine that such username is inappropriate, obscene, or otherwise objectionable. Only you may use your account, and you are personally responsible for all acts and omissions in connection with your use of the Site and/or your account.
We try to display the colors, features, specifications, details, and other characteristics of the products available on the Site as accurately as possible. However, those characterizations are for illustrative purposes only and we do not guarantee that they will be accurate, complete, reliable, current, or error-free. As such, any products you may purchase may vary slightly from those characterizations. Further, your device may not accurately reflect the characteristics that we display. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
If you have an issue with a product that you have purchased from us, please contact our Customer Support team.
You may not access or use the Site for any purpose other than that for which we make the Site available, including in connection with any commercial endeavors beyond transacting business with us. Further, as a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for any reason, including for the purposes of sending unsolicited email or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and/or other users in any way, including in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing you any portion of the Site, our products, or our services.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or any other material whatsoever, including excessive use of capital letters and spamming (continuous posting of repetitive text) that is intended to or could interfere with any aspect of the Site’s security, operation, or user experience.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
- As we may determine, in our sole opinion, disparage, tarnish, or otherwise harm us, our products, and/or the Site.
- Access the Site through any means other than the interface we provide for that purpose.
REVIEWS AND OTHER FEEDBACK
We may provide areas on the Site to leave reviews, ratings, or other feedback (“Reviews”). All Reviews must comply with the following: (1) you must have firsthand experience with the product being reviewed; (2) your reviews shall not be offensive, contain profanity, abusive, racist, or hate language, or contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your reviews shall not contain references to illegal activity; (4) if you are affiliated with a competitor, you must clearly disclose that affiliation; (5) you shall not make any conclusions as to the legality of anyone’s conduct, whether ours or that of another user; (6) you shall not post any false or misleading statements; and (7) you shall not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content contained in your review, including all text and images. Further, you represent and warrant to us that you have all right, title, and interest in all such content and provide the foregoing license without prejudice to the rights of any third party, including intellectual property rights.
In addition to Reviews, all terms in this section also apply to all of your communications with our Customer Support team and anyone else working for, by, or through us or on our behalf.
LINKS TO OTHER WEBSITES
The Site may contain links to other websites. These links do not indicate, and shall not be deemed to indicate, any affiliation between us and the owners, operators, or content of any such third-party website, or our endorsement of them in any way. We have no relationship, responsibility, or liability in, for, or related to third party websites, their content or their policies, and your access of such sites is purely at your own risk.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account, including under your name, any alteration or variation of your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive relief.
GOVERNING LAW AND DISPUTE RESOLUTION
Any dispute or claim between you, on the one hand, and us, our parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you and FLB waive any right to bring a class or representative action or to participate as a member of a class. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
Claims include, without limitation, (a) Claims related to or arising out of your account on the Site; (b) Claims related to or arising out of any aspect of any relationship between you and FLB; and (d) Claims relating to the construction, scope, applicability, or enforceability of this arbitration clause. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action to enjoin infringement or other misuse of intellectual property rights, which you or FLB may file in court.
You and FLB agree that each of us will notify the other in writing of any Claim and will attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to FLB shall be sent to Fat Lip Brands c/o Swisher International, Inc., Attn: VP Consumer Marketing, 459 E. 16th St., Jacksonville, FL 32206. If you and FLB cannot resolve the dispute between yourselves within 30 days of you or FLB providing written notice, either party may initiate an arbitration.
You and FLB agree that the arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or FLB’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
You and FLB agree that no class action, private attorney general, or other representative claims may be pursued in arbitration. Unless you and FLB agree, Claims of two or more people cannot be joined or consolidated in the same arbitration.
You and FLB agree that our transactions involve interstate commerce and that these Terms and Conditions and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Terms and Conditions and the laws of the state of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISING OR OTHER LINK, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATVIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we may perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, completing online forms, and making Reviews, are among the things that constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or via the Site, satisfy any legal requirement that such communication be in writing. You further agree that we are not required to provide you any notice of any electronic communication, including those made through or linked to the Site. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Fat Lip Brands
459 E 16th St.
Jacksonville, FL 32206