terms & conditions
Terms and Conditions
Please read the following terms and conditions of use carefully before using this website.
All users of this site agree that access to and use of this site are
subject to the following terms and conditions and other applicable
law. If you do not agree to these terms and conditions, please do
not use this site.
We reserve the right to hold any order suspected of credit fraud.
We may contact you to verify the information on your order and/
or to verify your age.
By purchasing items from us you agree that you are at least 21
years of age, and that any items purchased are for use by
persons over legal smoking age. You also agree that you are fully
aware of our policies, and that you are using this website and the
products on this site at your own risk. We reserve the right to
refuse or refund any order.
Copyright
The entire content included in this site, including but not limited
to text, graphics or code is owned by 2VTECH LLC or licensed
to 2VTECH LLC. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with EFXpouch.com or purchasing EFXpouch.com
products. You may display and, be subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
EFXpouch.com or to purchase EFXpouch.com products. Any other
use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by 2VETCH LLC. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of EFXpouch.com
used in the site are owned by or licensed to 2VTECH LLC
Warranty Disclaimer
This site and the content 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, 2VTECH
LLC disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. 2VTECH LLC 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. 2VTECH LLC 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. Some
states do not permit limitations or exclusions on warranties, so
the above limitations may not apply to you.
Limitation of Liability
2VETCH LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even
if 2VTECH LLC has been advised of the possibility of such
damages. Applicable law may not allow the limitation of exclusion
of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a 2VTECH LLC product is mistakenly listed at an
incorrect price, 2VTECH LLC reserves the right to refuse or cancel
any orders placed for product listed at the incorrect
price. 2VTECH LLC reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged
for the purchase and your order is cancelled, 2VTECH LLC shall
issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be
changed by 2VTECH LLC without notice at any time, for any
reason. The provisions relating to Copyrights, Trademark,
Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
2VTECH LLC may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the
address you have provided to EFXpouch.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws
of the state of Delaware, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. Any cause of action or claim you
may have with respect to the site (including but not limited to the
purchase of EFXpouch.com products) must be commenced within
one (1) year after the claim or cause of action arises. 2VTECH
LLC failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as
a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of
these terms and conditions. 2VTECH LLC may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-
mail, chat, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a 2VTECH LLC
employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content
which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service
or other organization.
Participation Disclaimer
2VTECH LLC does not and cannot review all communications and
materials posted to or created by users accessing the site, and is
not in any manner responsible for the content of these
communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-
generated content on the site, 2VTECH LLC is merely acting as a
passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the
site. However, 2VTECH LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise
unacceptable to 2VTECH LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless 2VTECH LLC,
its officers, directors, employees, agents, licensors and suppliers
(collectively the “Service Providers”) from and against all losses,
expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of these terms and conditions or
any activity related to your account or your use of this site
(including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, 2VTECH
LLC may link to sites operated by third parties. However, even if
the third party is affiliated with 2VTECH LLC, 2VTECH LLC has no
control over these linked sites, all of which have separate privacy
and data collection practices, independent of 2VTECH LLC These
linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, 2VTECH LLC seeks to
protect the integrity of its web site and the links placed upon it
and therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does not
work).
Disclaimer
These products are not intended to diagnose, treat, cure or
prevent any disease. Information and statements made are for
educational purposes and are not intended to replace the advice
of your health care professional. By purchasing these products,
you agree to use products at your own risk. Under no
circumstances will 2VTECH LLC be held responsible or liable,
directly or indirectly, for any loss or damage that is caused or
alleged to have been caused in connection with use of, or reliance
on any product on this site. Our products are intended for
ADULTS ONLY. Our products are not to be used by anyone under
the legal smoking age of their resident state. Other groups that
should consult a physician before use included (but are not
limited to): Those who suffer from heart disease or high blood
pressure. Pregnant, nursing, or those thinking of becoming
pregnant. Those allergic to nicotine or other PG based products
Product Image Disclaimer
Product images are for illustration purposes only. Actual product
colors may vary depending on screen resolution and lighting.
Order Cancellation and Alteration Policy
You can cancel your order up to 1 hour after placing it. After that,
we cannot guarantee that your order can be cancelled, as it could
have already been processed or shipped. Currently, you cannot
make other alterations to the order after it is placed. If you need
to make changes to items in your order, you can cancel within 1
hour and place the order again.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS
AND CONDITIONS
2VTECH LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and
participate in subject to these Mobile Messaging Terms and
Conditions and Privacy Policy (the “Agreement”). By opting in to
or participating in any of our Programs, you accept and agree to
these terms and conditions, including, without limitation, your
agreement to resolve any disputes with us through binding,
individual-only arbitration, as detailed in the “Dispute Resolution”
section below. This Agreement is limited to the Program and is
not intended to modify other Terms and Conditions or Privacy
Policy that may govern the relationship between you and us in
other contexts.
User Opt In: The Program allows Users to receive SMS/MMS
mobile messages by affirmatively opting into the Program, such
as through online or application-based enrollment forms.
Regardless of the opt-in method you utilized to join the Program,
you agree that this Agreement applies to your participation in the
Program. By participating in the Program, you agree to receive
autodialed or prerecorded marketing mobile messages at the
phone number associated with your opt-in, and you understand
that consent is not required to make any purchase from us. While
you consent to receive messages sent using an autodialer, the
foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone
dialing system (“ATDS” or “autodialer”). Message and data rates
may apply.
User Opt Out: If you do not wish to continue participating in the
Program or no longer agree to this Agreement, you agree to reply
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile
message from Us in order to opt out of the Program. You may
receive an additional mobile message confirming your decision to
opt out. You understand and agree that the foregoing options are
the only reasonable methods of opting out. You also understand
and agree that any other method of opting out, including, but not
limited to, texting words other than those set forth above or
verbally requesting one of our employees to remove you from our
list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop
using the mobile telephone number that has been used to
subscribe to the Program, including canceling your service plan or
selling or transferring the phone number to another party, you
agree that you will complete the User Opt Out process set forth
above prior to ending your use of the mobile telephone number.
You understand and agree that your agreement to do so is a
material part of these terms and conditions. You further agree
that, if you discontinue the use of your mobile telephone number
without notifying us of such change, you agree that you will be
responsible for all costs (including attorneys’ fees) and liabilities
incurred by us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s)
who are later assigned that mobile telephone number. This duty
and agreement shall survive any cancellation or termination of
your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD
US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING
FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE
INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM
OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION
ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL
LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER
RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE
MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program,
users that opt into the Program can expect to receive messages
concerning the marketing and sale of our nicotine pouches.
Cost and Frequency: Message and data rates may apply. The
Program involves recurring mobile messages, and additional
mobile messages may be sent periodically based on your
interaction with us.
Support Instructions: For support regarding the Program, text
“HELP” to the number you received messages from or email us at
[email protected]. Please note that the use of this email
address is not an acceptable method of opting out of the
program. Opt outs must be submitted in accordance with the
procedures set forth above MMS Disclosure: The Program will
send SMS TMs (terminating messages) if your mobile device does
not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is”
basis and may not be available in all areas at all times and may
not continue to work in the event of product, software, coverage
or other changes made by your wireless carrier. We will not be
liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile
messages is subject to effective transmission from your wireless
service provider/network operator and is outside of our control.
2VTECH LLC is not liable for delayed or undelivered mobile
messages.
Participant Requirements: You must have a wireless device of
your own, capable of two-way messaging, be using a participating
wireless carrier, and be a wireless service subscriber with text
messaging service. Not all cellular phone providers carry the
necessary service to participate. Check your phone capabilities for
specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if
you are under twenty-one (21) years of age.
Prohibited Content: You acknowledge and agree to not send any
prohibited content over the Platform. Prohibited content includes:
• Any fraudulent, libelous, defamatory, scandalous,
threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and discrimination
on the basis of race, sex, religion, nationality, disability,
sexual orientation, or age;
• Pirated computer programs, viruses, worms, trojan horses,
or other harmful code;
• Any product, service, or promotion that is unlawful where
such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal
health information that is protected by the Health Insurance
Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health Act
(“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the
jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or
controversy between you and us, or between you and any other
third-party service provider acting on our behalf to transmit the
mobile messages within the scope of the Program, arising out of
or relating to federal or state statutory claims, common law
claims, this Agreement, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of
the scope or applicability of this agreement to arbitrate, such
dispute, claim, or controversy will be, to the fullest extent
permitted by law.
The parties agree to submit the dispute to binding arbitration in
accordance with the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) then in effect. Except as
otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which 2VTECH
LLC principle place of business is located, without regard to its
conflict of laws rules. Within ten (10) calendar days after the
arbitration demand is served upon a party, the parties must jointly
select an arbitrator with at least five years’ experience in that
capacity and who has knowledge of and experience with the
subject matter of the dispute. If the parties do not agree on an
arbitrator within ten (10) calendar days, a party may petition the
AAA to appoint an arbitrator, who must satisfy the same
experience requirement. In the event of a dispute, the arbitrator
shall decide the enforceability and interpretation of this arbitration
agreement in accordance with the Federal Arbitration Act (“FAA”).
The parties also agree that the AAA’s rules governing Emergency
Measures of Protection shall apply in lieu of seeking emergency
injunctive relief from a court. The decision of the arbitrator shall
be final and binding, and no party shall have rights of appeal
except for those provided in section 10 of the FAA. Each party
shall bear its share of the fees paid for the arbitrator and the
administration of the arbitration; however, the arbitrator shall
have the power to order one party to pay all or any portion of
such fees as part of a well-reasoned decision. The parties agree
that the arbitrator shall have the authority to award attorneys’
fees only to the extent expressly authorized by statute or
contract. The arbitrator shall have no authority to award punitive
damages and each party hereby waives any right to seek or
recover punitive damages with respect to any dispute resolved by
arbitration. The parties agree to arbitrate solely on an individual
basis, and this agreement does not permit class arbitration or any
claims brought as a plaintiff or class member in any class or
representative arbitration proceeding. Except as may be required
by law, neither a party nor the arbitrator may disclose the
existence, content, or results of any arbitration without the prior
written consent of both parties, unless to protect or pursue a
legal right. If any term or provision of this section is invalid,
illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or un-enforceability shall not affect any other term or
provision of this section or invalidate or render unenforceable
such term or provision in any other jurisdiction. If for any reason
a dispute proceeds in court rather than in arbitration, the parties
hereby waive any right to a jury trial. This arbitration provision
shall survive any cancellation or termination of your agreement to
participate in any of our Programs.
Miscellaneous: You warrant and represent to us that you have all
necessary rights, power, and authority to agree to these Terms
and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will
place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided
for herein will not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement
unless explicitly stated otherwise in writing. We reserve the right
to change this Agreement from time to time. Any updates to this
Agreement shall be communicated to you. You acknowledge your
responsibility to review this Agreement from time to time and to
be aware of any such changes. By continuing to participate in the
Program after any such changes, you accept this Agreement, as
modified.