TERMS OF SERVICE
PAX Labs, Inc.
Effective Date: 02/2022
1. Website Terms of Service
This website (www.pax.com) and all related content, mobile applications, and associated services (collectively, the “Website”), is owned and operated by PAX Labs, Inc. or its local subsidiary (“PAX Labs,” “us” or “we”). We have adopted these Terms of Service (“Terms of Service” or “Terms”) to let you know about your rights and obligations when you use this Website or purchase any of our products (“Products”) on the Website. By using this Website, or purchasing Products on this Website, you are consenting to these Terms. If you do not agree to these Terms you may not use this Website or purchase Products from the Website.
PAX Labs may, and reserve the right to, from time to time, modify, limit, change, discontinue, or replace this Website and/or these Terms of Service at any time. In the event PAX Labs modifies, limits, changes, or replaces the Website or these Terms of Service, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms of Service on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
You must be at least twenty-one (21) years of age (“Minimum Age”) to access this Website or purchase any Products on this Website. You warrant and agree that you are at least the Minimum Age. PAX Labs does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under the applicable laws where you reside or where you use the Website. It is your responsibility to check and understand the local laws in your jurisdiction to determine whether you are of the legal minimum age to purchase and use our Products or access our Website.
Please read these Terms of Service carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
2. Eligibility and Age Verification
These Terms are a contract between you and PAX Labs. You must be at least the Minimum Age to use this Website or register or an account. Any use of an account on the Website by anyone under the Minimum Age is strictly prohibited and in violation of these Terms. If we determine or have reason to believe that you are under the Minimum Age, we will terminate your account.
The Website contains information about and the opportunity to purchase our Products. Some Products, including cannabis vaporizers, are governmentally regulated and require you to be at least the Minimum Age in order to purchase and use such products. In order for us to verify that you are at least the Minimum Age, an age verification check will occur before you can complete the purchase of any Products. We may use the information you provide to verify your age and we may deny or cancel your purchase if we cannot verify that you are at least the Minimum Age. Only persons who we have verified are at least the Minimum Age can purchase Products and participate in any promotions or offers for Products from the Website.
3. Safety Acknowledgement
No vaporization product should be considered 100% safe. We encourage you to do your own research regarding vapor products and what is right for you. If you have any health concerns about the use of a vaporizer for any purpose, we recommend that you consult with your physician. You are entirely responsible for the material that you consume with our Products.
Any statements on this Website or any materials or Products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the Products nor the ingredients in any of the products linked to this Website have been approved or endorsed by the FDA or any regulatory agency. The Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our Products.
4. Account Registration
When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact PAX Labs immediately if you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless PAX Labs from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow these Terms and your registration constitutes your consent to enter into agreements with us electronically.
5. Termination of Account
We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting PAX Labs via a Support Ticket available at https://www.pax.com/pages/support-form (“Support Ticket”). You may not open alternate accounts.
6. Electronic Communication – www.PAX.com Account Specific
With the creation of an account you agree that we may send to you electronic notices or other communication regarding PAX Labs and this Website. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.
7. Electronic Communication – Marketing Communication
By providing your email address and subscribing to PAX Labs’ Newsletter, you will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on the jurisdiction in which you live and local regulations. All offers are Void Where Prohibited.
8. Communications with PAX Labs
You are encouraged to forward comments or other communications to PAX Labs by submitting a Support Ticket. You agree that you will not transmit content to PAX Labs that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You agree that you will not use a false e-mail address, impersonate a third party person or entity, or otherwise mislead PAX Labs as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms, and may result in the termination of your account at the sole discretion of PAX Labs.
Any material or communication transmitted by you to this Website, including communications via email or a Support Ticket, will not be treated as confidential. By submitting any content to us through the Website, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purpose. We may reproduce, prepare derivative works of, distribute, perform publicly, transmit, broadcast, or display the content you submit. Any ideas, concepts, or other materials transmitted by you to PAX Labs may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and for the maximum period permitted under applicable law.
You agree to pay for all purchases made on the Website.
Except where noted otherwise, the prices displayed for Products represent the full retail price listed on the Product itself. All prices are quoted and payable in US dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed.
Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by PAX Labs at the time of your purchase, in which case PAX Labs will submit your taxes and/or duties to the appropriate authority on your behalf. PAX Labs shall not be responsible for failure to pay taxes or duties you owe, unless PAX Labs has collected such taxes or duties at the time of the purchase.
In the event that you dispute the amount or validity of any payments made to PAX Labs through this Website, you must notify PAX Labs in writing, within ten days of payment, of any such dispute by mail at the address listed below or by email at firstname.lastname@example.org. You expressly agree that your failure to notify PAX Labs of any dispute within ten days of payment will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by PAX Labs in the event of failure to make payment.
10. Cancellation Policy
Orders submitted cannot be canceled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact PAX Labs Support via a Support Ticket as soon as possible.
11. Return Policy
PAX Labs will only accept returns and/or issue any refund for purchases made through the Website and in no event will PAX Labs accept return of and/or issue any refund for purchases made other than through the Website, including purchases made from an authorized PAX Labs retailer. Products purchased through an authorized PAX Labs retailer must be returned and refunded through the location from which the products were purchased.
You have the right to withdraw from the purchase agreement with PAX Labs and to return any new unused item purchased through the Website for a refund without giving any reason up to fourteen (14) days following the receipt of the item purchased. To make a return in this way you must notify us by contacting PAX Labs via a Support Ticket. If you successfully complete a return, PAX Labs will reimburse to you all payments received from you for the returned items, including the costs of shipment, within fourteen (14) days from the day you inform us of your decision to withdraw. However PAX Labs will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase.
If you elect to withdraw, you must return the new, unused item purchased to PAX Labs within fourteen (14) days of notifying us of your election. We may withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within fourteen (14) days of notifying PAX Labs that you would like to return the items for a refund.
You agree that you will be responsible for the cost of return shipment in the event you elect to withdraw from the purchase agreement and to return an item for a refund.
Because of the nature of the products sold through the Website, for sanitary reasons, PAX Labs accepts returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken, we will be unable to accept the returned product and we will not issue a refund.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254 or https://www.dca.ca.gov/consumers/complaints/consumer.shtml.
12. Damaged/Incomplete/Incorrect Orders
You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt. Please report damaged, incorrect, or incomplete orders to us immediately. If you received an order shipped from PAX Labs that is damaged, incorrect, or incomplete, please contact PAX Labs Support via a Support Ticket immediately to explain the problem with your order and to request a refund or replacement goods. PAX Labs may require you to return damaged items, in which case PAX Labs will pay for the cost of return shipment.
PAX Labs does not repair damaged devices, nor does PAX Labs provide spare parts for repair.
13. Product Resale or Other Exploitation Prohibited
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from PAX Labs or a PAX Labs representative without prior written permission of an authorized representative of PAX Labs. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.
14. Compliance with Law; Indemnification
You agree that your use of any Products and/or PAX Labs services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use; resale; and marketing, advertising, and/or other forms of promotion.
You agree to indemnify, defend, and hold harmless PAX Labs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any PAX Labs Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 14; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by PAX Labs. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is uncertain and in some cases, may expose the user to serious dangers not encountered with genuine PAX Labs Products.
Please visit https://www.pax.com/pages/store-locator or contact PAX Labs Support to learn more about Authorized Retailers. Any Product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty, incorporated into these Terms of Service by reference. PAX Labs shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.
PAX Labs will not assist with resolving issues pertaining to the purchase of counterfeit products nor will PAX Labs provide refunds for such purchases.
16. Third Party Links
This Website may contain links to third-party websites. PAX Labs does not intend these links to be viewed as an endorsement of those websites or their content. We have not reviewed all of these third-party websites and do not control and are not responsible for any of these sites or their content. If you use these links, you will leave this Website. If you decide to access third-party websites, you do so at your own risk. Different terms of service may apply to any third-party website.
17. Privacy Statement
18. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
These Terms of Service will be governed by and interpreted under the laws of the State of California, USA, without regard to its principles of conflict of laws. You agree that any cause of action you have that arises out of or relates to these Terms of Service or your use of the Website must be brought by you within one year after the cause of action accrues. Otherwise, any such action by you against PAX Labs is permanently barred.
Governing Law. You agree that: (i) the Website and PAX Labs Products and services shall be deemed solely based in California; and (ii) the Website and any services provided by PAX Labs shall be deemed passive services that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms 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 San Francisco County, California 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 a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
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 PAX Labs. For any dispute with PAX Labs, you agree to first contact us via email at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that PAX Labs has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and PAX Labs agree otherwise. If you are an individual using PAX Labs Products, services, or the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. 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 PAX Labs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Website or PAX Labs Products or services for personal, commercial or other purposes, 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 PAX Labs are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
19. Release and Waiver of Claims; Assumption of Risk
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims that you have or may have in the future against PAX Labs, or any of its distributors, resulting from use of the Website and PAX Labs Products and services; and (ii) to release PAX Labs or any of its distributors from any and all liability from any loss, damage, injury or expense that you or any users of this Website and any PAX Labs Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of PAX Labs, in the design or manufacture of the Website or of any PAX Labs Products or services.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.
You and PAX Labs understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against PAX Labs and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
20. Trademarks and Copyright
This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of PAX Labs and its affiliates or licensors. This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.
21. Use of Material from this Website
The content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the “Materials”), are the property of and owned by PAX Labs or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Website and related content is provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an “as is” and on an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
22. Disclaimers of Warranty
Pax Labs products and services, and this Website, are provided on an “as is” and “as available” basis. Use of the foregoing is at your own risk. To the maximum extent permitted by applicable law and to the extent not covered under the applicable product warranty, Pax Labs expressly disclaims any and all warranties of any kind, whether express or implied, whether related to use of this Website or Pax Labs Products or services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Pax Labs or through any Pax Labs Product or service will create any warranty not expressly stated herein. Without limiting the foregoing, Pax Labs, its subsidiaries, its affiliates, and its licensors do not warrant that the content or any information on this Website is or will be complete, accurate, adequate, reliable, useful, timely, or correct; that the Pax Labs Products and services, and this Website, will meet your requirements or be free from defects, including product or device leaking; that this Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Pax Labs Products or services, or this Website, is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this Website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of this Website.
Pax Labs does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and Pax Labs will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
23. Limitation of Liability
To the fullest extent permitted under applicable law, you understand and agree that neither Pax Labs nor any of its affiliates, agents, directors, employees, suppliers, licensors, or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, relating to or resulting from: 1) purchase and/or use of any Pax Labs Products or services; 2) use of, access to, or inability to use this Website; 3) use or inability to use any other website you access from a link through this Website; or 4) any actions we take or fail to take as a result of email messages you send us; in each case, in an amount exceeding the amount you paid to Pax Labs hereunder or $100.00, whichever is greater. This limitation of liability includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data and any other tangible or intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, or as a result of negligence, or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this Website, and even if we or our representatives have been negligent or if we or our representatives have been negligent or have been advised of the possibility of such damages. Because some jurisdictions do not allow limitation of liability for consequential or incidental damages, all or some of the above limitations may not apply to you.
Severability: A finding that any term or provision of these Terms of Service is invalid or unenforceable will be removed from these Terms of Service and will not affect the validity or enforceability of the remaining Terms of Service.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PAX Labs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver by PAX Labs of any breach of this Agreement is effective unless in writing.
All notice required or permitted under these Terms of Service shall be made in writing by mail or by email to:
PAX Labs, Inc.
660 Alabama St, 2nd Flr
San Francisco, CA 94110