OVERVIEW
This website (the “Site”) is operated by FloxUS (hereinafter referred to as “we”, “us”, “our” or “FloxUS”). Throughout the Site, the terms “we”, “us” and “our” exclusively refer to FloxUS. FloxUS offers this Site, including all information, tools, products (including tobacco products) and services available from this Site to you, the user (hereinafter referred to as “you” or “user”), conditioned upon your unqualified acceptance of all terms, conditions, policies and notices stated herein. By accessing, browsing, using the Site, and/or purchasing any products from us, you engage in our “Service” and irrevocably agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you acknowledge that you have read, understood, and fully agreed to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you are strictly prohibited from accessing the website or using any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service, and no other terms or conditions (whether oral or written) shall be binding on FloxUS unless explicitly agreed to in writing by an authorized representative of FloxUS.
Any new features, tools, or products added to the current Site shall also be subject to these Terms of Service. You may review the most current version of the Terms of Service at any time on this page. FloxUS reserves the absolute right to update, change, modify, or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your sole responsibility to check this page periodically for any changes. Your continued use of or access to the Site following the posting of any changes constitutes your unconditional acceptance of those changes, and you agree to be bound by the updated Terms of Service.
Our store is hosted on %s Inc. (the “Host”). The Host provides us with the online e-commerce platform that allows us to sell our products and services to you. FloxUS is solely responsible for all products, services, content, and policies offered on the Site; the Host shall not be liable for any claims, damages, or losses arising from your use of the Site, your purchase of products from FloxUS, or any breach of these Terms of Service by FloxUS or you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent and warrant that: (a) you are at least the age of majority in your state or province of residence (and no less than 21 years of age, as required by U.S. federal law for the purchase of tobacco products); (b) you have not been prohibited by any federal, state, or local law from purchasing, possessing, or using tobacco products; (c) if you are the age of majority in your state or province of residence, you do not permit any minor dependents to access the Site, purchase products from the Site, or use any services offered by FloxUS; and (d) all information you provide to FloxUS (including but not limited to age, contact information, and payment details) is true, accurate, and complete.
You agree that you will not use our products, services, or the Site for any illegal, unauthorized, or prohibited purpose. You further agree that, in your use of the Service, you will comply with all applicable federal, state, and local laws, regulations, and ordinances (including but not limited to laws governing the purchase, possession, and use of tobacco products, copyright laws, and privacy laws). FloxUS reserves the right to verify your age and identity at any time, and may refuse or cancel any order if we reasonably believe you have violated this provision or provided false information.
You must not transmit any worms, viruses, malware, or any code of a destructive, malicious, or harmful nature to the Site, or attempt to access, modify, disrupt, or damage any part of the Site, its servers, or any data or systems associated with the Site. You also agree not to use any automated tools (including but not limited to bots, scrapers, or crawlers) to access or use the Site without the prior written permission of FloxUS.
A breach or violation of any of these Terms (including but not limited to the provisions above) will result in the immediate, automatic termination of your access to the Service and the Site, without prior notice from FloxUS. Upon termination, you will forfeit all rights to use the Site and Services, and FloxUS may (at its sole discretion) refuse to provide any future services or products to you. FloxUS shall not be liable to you or any third party for any damages arising from such termination.
SECTION 2 - GENERAL CONDITIONS
FloxUS reserves the right to refuse service, terminate accounts, cancel orders, or restrict access to the Site at any time, in its sole discretion, without liability to you, for any reason including but not limited to: (a) suspected violation of these Terms of Service; (b) provision of false or inaccurate information; (c) fraudulent activity; (d) non-compliance with applicable laws; (e) requests from law enforcement or regulatory authorities; (f) technical issues or security concerns; or (g) any other reason FloxUS deems necessary to protect its business, users, or reputation.
The Site and all content, materials, products (including tobacco products), and services provided by FloxUS are offered “as is” and “as available” without any warranties, express or implied. FloxUS disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. FloxUS does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components, or that any defects will be corrected. You use the Site and Services at your own risk.
You agree to indemnify, defend, and hold harmless FloxUS, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site or Services; (b) your purchase or use of any products from FloxUS; (c) your violation of these Terms of Service; (d) your violation of any applicable laws or regulations; (e) your provision of false or inaccurate information to FloxUS; or (f) any act or omission by you that causes harm to FloxUS or any third party.
FloxUS shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages (including but not limited to damages for loss of profits, revenue, data, or use) arising from your use of the Site, Services, or products, even if FloxUS has been advised of the possibility of such damages. This limitation of liability shall apply regardless of the cause of action, whether in contract, tort, negligence, or otherwise.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of [Insert Your State of Operation], without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms of Service, the Site, or the Services shall be resolved exclusively in the state or federal courts located in [Insert Your County/State], and you irrevocably submit to the personal jurisdiction of such courts.