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Terms and Conditions

Terms and Conditions

This Terms and Conditions (the ”Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and DEVICES AND PODS. This Agreement governs your use of the website provided by and through DEVICES AND PODS.  You herein acknowledge that you are of legal age to purchase smoking products where you live, i.e. tobacco, vaping pens, vaping juice, etc.  Please see the DEVICES AND PODS Privacy Policy, which is wholly incorporated into the Agreement by reference.

By accessing and using this Website, you have entered into a valid contract and agree to be bound by these Terms and Conditions. We may terminate your access to and use of this Website, without notice to you, in the event you violate any of the terms and conditions contained in these Terms of use. DEVICES AND PODS may modify or terminate these Terms of use at any time without notice, and such modified Terms of use shall be effective immediately upon the posting of such modified Terms of use on this Website. Your continued access to or use of this Website shall constitute your conclusive acceptance of the modified terms. IF YOU DO NOT AGREE TO THESE TERMS OF USE DO NOT ACCESS OR USE THIS WEBSITE.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND ITS CONTENTS.  THIS AGREEMENT CONTAINS A MANDITORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES DISPUTES TO BE INDIVIDUALLY RESOLVED BY ARBITRATION AND WAIVES THE RIGHT TO JURY TRIALS AND PARTICIPATION IN CLASS ACTIONS.

  1. USE OF THE WEBSITE

DEVICES AND PODS provides products to consumers for online retail. The sale of many of these products is restricted by age as set by your jurisdiction.  This website is not intended for use by residents of the European Union, anyone under the age of 21 in the United States, or not of a legal age to use vaping products in their home jurisdiction.

  1. Eligibility
    1. This is a contract between you DEVICES AND PODS. You should read the entire Agreement before using our website.  You agree to either seek counsel from a licensed attorney or proceed at your own risk If you do not understand the legal ramifications of entering into this Agreement.  If you do not agree to any provision in this Agreement you may not use this website.  These products are not available to you if you were previously removed as a user by DEVICES AND PODS. Supplemental terms and conditions may apply to some products and services.  Supplemental terms and conditions, if any, will be disclosed in close association with that Service.  Any supplemental terms and conditions are in addition to the provisions of this Agreement and, in the event of a conflict, the provisions of this Agreement shall prevail. 
  2. License
    1. Subject to this Agreement, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use this website to order products offered for sale thereon. DEVICES AND PODS reserves all rights not expressly granted by this Agreement and in supplemental terms and conditions for individual products and services.  DEVICES AND PODS may terminate this license at any time for any reason. 
  3. Accounts, Passwords, and Security
    1. Registered users are responsible for keeping their password secure.  You will be solely responsible and liable for any activity that occurs under your account’s user name.  If you lose your password for your account or it becomes known to others, you should reset your password immediately. DEVICES AND PODS cannot be held liable for your failure to maintain the integrity of your password.
    2. DEVICES AND PODS strives to maintain safe systems and a safe environment for our subscribers and users safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
  • You will not upload viruses, malware, adware, or other malicious code.
  • You will only access a DEVICES AND PODS website and/or social media account from a computer, smart phone, or net appliance that utilizes commercially available antivirus software having up to date virus definitions and search engines.
  • You will not solicit account information from, or access an account belonging to another user.
  • You will not stalk, bully, intimidate, or harass any user.
  • You will not interfere with any subscriber’s or user’s lawful use and enjoyment of any DEVICES AND PODS website and/or social media account.
  • You will not post content that: is offensive, threatening, or pornographic; incites violence; or contains actual or simulated nudity, sex, graphic violence, or simulated violence.
  • You will not use any DEVICES AND PODS website and/or social media account to do anything unlawful, misleading, malicious, unethical, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of any DEVICES AND PODS website, social media account, or server.
  • You will not facilitate or encourage any violations of this Agreement.
    1. Violations of this Agreement
      1. We may permanently or temporarily terminate or suspend your access to this website at any time, and without notice and liability, if we determine that you violated any provision of this Agreement. A failure to enforce any prior violations of this Agreement is not acquiescence to further violations.
    2. uploading Content
      1. You are responsible for all content and information you upload or otherwise post on any DEVICES AND PODS website and/or social media account. If you post or share your own intellectual property, you herein grant DEVICES AND PODS a perpetual, irrevocable, royalty-free license to DEVICES AND PODS to copy, distribute, and make derivative works of the content without restriction. Out of necessity and without consideration as to what you post, your intellectual property will be copied across our servers and maintained in our server backups for an extended length of time even if you delete the content.  User deletion of uploaded content does not terminate the aforementioned license.
      2. You are solely responsible to ensure that you have sufficient rights to any content you upload. You agree to indemnify and hold harmless and defend DEVICES AND PODS from any and all civil and criminal claims related to any material you send or upload to DEVICES AND PODS website or social media account, or share via DEVICES AND PODS supplied applications.  You agree to cooperate with DEVICES AND PODS in our defense efforts.  You further agree to notify DEVICES AND PODS in writing within five (5) days of the receipt of any notice, written or verbal, alleging any violation of third party’s intellectual property rights related to material you post to DEVICES AND PODS websites.  If you fail to provide adequate indemnification for any allegations of infringement, you hereby agree to reimburse us for all costs and attorney’s fees associated with the defense of any claims related to content you upload             
      3. When you use a third-party application, your content and information is shared with that application.  The terms and conditions of use for each application govern how that application can use, store, and transfer that content and information.
      4. As previously indicated, you are prohibited from uploading images, video, audio or text that contain threats (explicit or implied); or which contain actual or simulated nudity, sex, graphic violence, or are otherwise deemed by DEVICES AND PODS to be offensive or otherwise inappropriate. If you have questions about the appropriateness of content you wish to upload, you may request that DEVICES AND PODS examine the content prior to uploading.  The uploading of prohibited content may result in the cancellation of your subscription or user account without a refund at the sole discretion of DEVICES AND PODS.  DEVICES AND PODS reserves the right to remove uploaded content for any reason at any time without prior notice to the user.
    3. ACCEPTABLE USE AND CONDUCT
      1. You are solely responsible for your conduct and your data related to the website and/or social media accounts. You agree to indemnify, defend, and hold harmless DEVICES AND PODS and its suppliers from any and all loss, cost, liability, and expense arising from or related to your date, your use of our website or social media platform, or your violation of these terms.
      2. Any illegal purchase, use or distribution of products purchased on this website is a violation of this Agreement and certain federal and state laws.  Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
    4. CONSENT TO COLLECT DATA
      1. Our website and/or social media accounts may collect certain non-personally identifiable information that resides on your computer, smart phone, or net appliance. This information collected will be sent to DEVICES AND PODS and may be used by DEVICES AND PODS and its agents without restriction. When you enter data via the website, you agree that we and our service providers may copy and store such data as part of your use of the website.
      2. Our website and/or social media accounts may collect certain personally identifiable information that resides on your computer, smart phone, or net appliance.
    5. CHANGES TO TERMS AND CONDITIONS
      1. DEVICES AND PODS reserves the right at any time to modify, suspend, or discontinue the website or any part thereof in its sole discretion with or without notice. DEVICES AND PODS reserves the right at any time to modify this Agreement in its sole discretion, without liability.  This Agreement, as amended, will be effective upon acceptance of registration for new users, renewed subscriptions, and will be effective for all existing users 15 days after the posting of any amended terms on our website.  You agree to be bound by this Agreement, as modified.  If you do not agree to any changes to this Agreement, you must terminate your account immediately.  Users and subscribers agree to review the most current version of this Agreement from the time of initial and each subsequent renewed subscription.  Use of the website indicates an affirmative acceptance of the then currently effective End User and Subscriber License Agreement.
    6. USE OF THE WEBSITE
      1. Subject to the terms and conditions of this Agreement, grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to create, maintain, and access one (1) consumer account and one (1) wholesale account for the purpose of using the website.  Certain third-party code may be utilized on the website.  The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code.
    7. THIRD-PARTY LINKS
      1. The website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by DEVICES AND PODS. DEVICES AND PODS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the website, you do so at your own risk, and you understand that this Agreement and DEVICES AND PODS’s Privacy Policy do not apply to your use of such sites. You expressly relieve DEVICES AND PODS from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that DEVICES AND PODS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
    8. INTELLECTUAL PROPERTY
      1. You acknowledge that DEVICES AND PODS or third parties own all right, title and interest in and to the content of the website.
      2. The website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and belonging to other Users (the “DEVICES AND PODS Content”), and all Intellectual Property Rights related thereto, are the exclusive property of DEVICES AND PODS and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any DEVICES AND PODS Content. Use of the DEVICES AND PODS Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
      3. If you have comments on the website or ideas on how to improve it, please visit https://www.deviceandpods.com/ and click on the contact us link to be redirected. Please note that by doing so, you also grant DEVICES AND PODS a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the website or retail services (or third-party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
    9. TERMS AND TERMINATION
      1. This Agreement is effective until terminated. You may terminate this Agreement at any time by closing your account.  This Agreement automatically terminates if you fail to comply with its terms and conditions.  DEVICES AND PODS reserves the right to refuse or discontinue sales to any user at any time if it deems these terms and conditions have been violated.
    1. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the website must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  1. You agree to pay all costs of collection, including attorney fees and costs, related to DEVICES AND PODS defending the filing of any charge dispute with your bank or credit card company resolved in our favor. You waive the right to participate and agree to not participate in any multi-party litigation (e.g. class action or multi-district lawsuit) as an adverse party to DEVICES AND PODS, its officers, directors, agents, attorneys, accountants, and contractors related to your use of the website, the breach of any privacy right, unintentional disclosure of personal information, our use of collected personal information, and/or the sale, pricing, shipping, use, return, and/or defectiveness of any product purchased from DEVICES AND PODS and from your use of the website.  You herein waive the right to a trial by jury and agree to the Arbitration Clause within this Agreement. 
  2. The terms of the Sections 8-13.
  1. DISCLAIMERS
    1. WARRANTIES
      1. THE products AND ANY THIRD-PARTY SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. DEVICES AND PODS AND SUCH THIRD-PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF products obtained from devices and pods.
      2. YOU UNDERSTAND AND AGREE THAT YOUr purchase products MADE AVAILABLE through the website AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY injuries resulting from their use.
  • YOU UNDERSTAND AND AGREE THAT YOUr use of the website is AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY damages resulting therefrom.
  1. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIgHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  1. Products
    1. KRATOM AND CBD.
      1. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. CONSULT YOUR HEALTHCARE PROFESSIONAL PRIOR TO USE IF YOU HAVE OR SUSPECT A MEDICAL CONDITION. IF YOU ARE UNDER MEDICAL SUPERVISION, ARE USING ANTI-DEPRESSANTS, ANTI-ANXIETY MEDICATIONS, DIABETES MEDICATIONS, NARCOTICS, BLOOD PRESSURE MEDICATION, SEDATIVES, TRANQUILIZERS OR ASTHMA MEDICATION, SEEK THE ADVICE OF YOUR HEALTHCARE PROFESSIONAL PRIOR TO USE. DO NOT USE IF YOU ARE PREGNANT, LACTATING OR UNDER THE AGE OF 18 YEARS. DO NOT TAKE WHEN OPERATING MACHINERY OR DRIVING. KEEP OUT OF REACH OF CHILDREN.
      2. INFORMATION ABOUT KRATOM AND CBD PROVIDED ON THIS SITE OR BY THIRD PARTIES IS INTENDED FOR YOUR GENERAL KNOWLEDGE ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT/MANAGEMENT FOR SPECIFIC MEDICAL CONDITIONS. NOTHING ON OUR WEBSITE SHOULD BE CONSTRUED AS AN ATTEMPT TO OFFER OR RENDER A MEDICAL OPINION OR OTHERWISE ENGAGE IN THE PRACTICE OF MEDICINE TESTIMONIALS AND PRODUCT REVIEWS ONLY REFLECT INDIVIDUAL USER’S OPINIONS AND SHOULD NOT BE VIEWED AS PROFESSIONAL ADVICE. EXPERIENCES WITH AND REACTIONS TO THESE PRODUCTS MAY VARY AMONG INDIVIDUALS AND MAY AGGRAVATE EXISTING MEDICAL CONDITIONS. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE QUESTIONS REGARDING THE TREATMENT OR MANAGEMENT OF ANY MEDICAL CONDITION. THE INFORMATION ON THIS WEBSITE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS OR ANY WEBSITE. PRODUCTS SOLD ON THE RETAIL PORTAL OF THIS WEBSITE ARE FOR PERSONAL USE AND NOT FOR RESALE. ALL ORDERS PLACED THROUGH THIS WEBSITE ARE SUBJECT TO DEVICES AND PODS ACCEPTANCE, IN ITS SOLE DISCRETION. DEVICES AND PODS MAY REFUSE TO ACCEPT, OR MAY CANCEL, ANY ORDER, WHETHER OR NOT IT HAS BEEN CONFIRMED, WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY. DEVICES AND PODS RESERVES THE RIGHT TO DISCONTINUE ANY PROGRAM OR OFFER.
      3. YOU SHOULD DISCUSS ANY MEDICATIONS OR NUTRITIONAL SUPPLEMENTS YOU ARE USING AND YOUR DESIRE TO USE KRATOM OR CBD WITH A HEALTHCARE PROVIDER PRIOR TO USING PRODUCTS PURCHASED FROM THIS WEBSITE.
      4. THESE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD & DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. CONSULT YOUR HEALTHCARE PROFESSIONAL PRIOR TO USE IF YOU HAVE OR SUSPECT A MEDICAL CONDITION. IF YOU ARE UNDER MEDICAL SUPERVISION, ARE USING ANTI-DEPRESSANTS, ANTI-ANXIETY MEDICATIONS, DIABETES MEDICATIONS, NARCOTICS, BLOOD PRESSURE MEDICATION, SEDATIVES, TRANQUILIZERS OR ASTHMA MEDICATION, SEEK THE ADVICE OF YOUR HEALTHCARE PROFESSIONAL PRIOR TO USE. DO NOT USE IF YOU ARE PREGNANT, LACTATING OR UNDER THE AGE OF 18 YEARS. DO NOT TAKE WHEN OPERATING MACHINERY OR DRIVING. KEEP OUT OF REACH OF CHILDREN.
    2. KRATOM PURCHASES
      1. KRATOM WILL NOT BE SHIPPED TO JURISDICTIONS WHICH HAVE BANNED ITS SALE OR USE. KRATOM IS BANNED IN THE FOLLOWING JURISDICTIONS:  ALABAMA, ARKANSAS, INDIANA, SARASOTA COUNTY FLORIDA, SAN DIEGO CALIFORNIA, JERSEYVILLE ILLINOIS, VERMONT, WISCONSIN AND RHODE ISLAND.
    3. none of the products offered for sale on this website were manufactured or tested by devices and pods. purchasers agree to release devices and pods from all product liability and negligence claims related to the purchaser’s experience with the products purchased.  purchaser agrees to indemnify devices and pods from any claims resulting from any third-party use of products that the user purchased from devices and pods.  purchaser agrees to hold the manufacturer of a product obtained from devices and pods exclusively liable for any product liability claims.
  2. LIMITATION OF LIABILITY
    1. UNDER NO CIRCUMSTANCES SHALL DEVICES AND PODS OR ITS directors, officers, owners/principals/members, agents, contractors, attorneys, accountants and SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE use of the website.
    2. UNDER NO CIRCUMSTANCES SHALL DEVICES AND PODS OR ITS directors, officers, owners/principals/members, agents, contractors, attorneys, accountants and SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE use of any product purchased from devices and pods, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DEVICES AND PODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
    3. WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF DEVICES AND PODS AND ITS SUPPLIERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO DEVICES AND PODS to purchase either product(s) that is(ARE) the subject of your complaint. IF THE products were PROVIDED WITHOUT CHARGE THEN DEVICES AND PODS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.  You herein acknowledge and agree that orders entered with false or misleading information about the purchaser or containing false or misleading information about the end user are invalid agreements for the purposes of imposing any liability on DEVICES AND PODS or our directors, officers, employees, contractors, attorneys, suppliers, and licensors and the foregoing shall be held faultless by any purchaser or user (first party or third-party) for liability for any damages resulting from any use or inability to use the products.
    4. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OF AND RELIANCE upON a product or FROM INABILITY TO USE a product (INCLUDING SUCH DAMAGES INCURRED BY THIRD-PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
    5. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS AGREEMENT IS DEEMED UNENFORCEABLE, THE REMAINDER SHALL CONSTITUTE THE FULL AND COMPLETE AGREEMENT BETWEEN DEVICES AND PODS AND THE END USER.
    6. THEse products and this website ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DANAGE, OR MASS DESTRUCTION, AND user AGREES THAT devices and pods WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF the website or the use of any product purchased from the website.
  3. GOVERNING LAW AND ARBITRATION
    1. Governing Law. You agree that: (i) the purchase shall be deemed to have been made solely based in the Commonwealth of Kentucky; and (ii) the use of the website shall be deemed a passive one that does not give rise to personal jurisdiction over DEVICES AND PODS, either specific or general, in jurisdictions other than Kentucky. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Kentucky, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Fayette County, Kentucky for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
    2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DEVICES AND PODS. In the unlikely event that DEVICES AND PODS has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any DEVICES AND PODS claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Fayette County, Kentucky, unless you and DEVICES AND PODS agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing DEVICES AND PODS from seeking injunctive or other equitable relief from the courts as necessary to protect any of DEVICES AND PODS’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DEVICES AND PODS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MULTI-DISTRICT LITIGATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND EXCEPT AS OUTLINED ABOVE.
  1. MISCELLANEOUS PROVISIONS
    1. You acknowledge and agree that the products sold on this website may be controlled for export purposes.  You agree to comply with all United States export laws and regulations.  You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation.  If you are located in a country subject to embargo by the United States government, you are not entitled to purchase products from this website.
    2. This agreement will be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any conflict of laws provisions that would require the application of the laws of any other jurisdiction. It is mutually agreed that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
    3. The failure of DEVICES AND PODS to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.  If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
    4. This Agreement, which incorporates the DEVICES AND PODS Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of this Agreement will be effective only if in writing and signed by DEVICES AND PODS. If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in effect. 
    5. You agree to indemnify DEVICES AND PODS for all attorney’s fees and costs associated with the successful enforcement of this Agreement, the collection of unpaid subscriber fees, and the collection of any judgment against you.
    6. You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of DEVICES AND PODS.  DEVICES AND PODS may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
  2. FEEDBACK
    1. DEVICES AND PODS strives to keep the content accurate and fresh and to provide a learning atmosphere free from stress and intimidation. Applications and tools associated with the website will be updated or replaced as needed at DEVICES AND PODS’s sole discretion.  All suggestions, recommendations, comments, and other such feedback (solicited or unsolicited) submitted by users and subscribers is appreciated and encouraged, but you understand and agree that DEVICES AND PODS is under no obligation to compensate the user for such feedback even if adopted by DEVICES AND PODS unless a written non-disclosure agreement between us is in force prior to the disclosure and that DEVICES AND PODS, as part of its ongoing improvement efforts, may already be implementing such improvements and changes without disclosure to you or the public in general.  This feedback policy also applies to users taking part in beta-testing of applications, features, and the website in general.

 

CONTACTING DEVICES AND PODS

Users with questions about this Agreement or the Privacy Policy may contact DEVICE AND PODS, at:

[mailing address]

1-844-637-4448

CUSTOMER SERVICE/MEDIA/SALES:  info@deviceandpods.com

PRIVACY:  orders@deviceandpods.com

LEGAL:  orders@deviceandpods.com

 

 

 

 

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