AGREEMENT BETWEEN USER AND WETCRATE.COM

Welcome to http://wetcrate.com. The http://wetcrate.com website (the “Site”) is comprised of various web pages operated by Wet Crate LLC (“Wet Crate”). http://wetcrate.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://wetcrate.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://wetcrate.com is a E-commerce Site

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PRIVACY

Your use of http://wetcrate.com is subject to Wet Crate’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting http://wetcrate.com or sending emails to Wet Crate constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Wet Crate is not responsible for third party access to your account that results from theft or misappropriation of your account. Wet Crate and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

By using any of our services, you represent, acknowledge and agree that you are at least 18 years of age and of legal smoking age. By using any of our products or services, you represent, acknowledge, and agree that you are fully aware of the following warnings:

WARNING: Products included on WWW.WETCRATE.COM contain nicotine, a poisonous and addictive substance. Products included on WWW.WETCRATE.COM are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or preexisting condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you experience any side effects or possible side effects, from a product purchased from us, stop using the product immediately and consult a physician. Products included on WWW.WETCRATE.COM (a) may be poisonous if orally ingested, (b) are not smoking cessation products and have not been tested nor guaranteed as such, (c) have not been evaluated by the Food and Drug Administration, (d) are not intended to treat, prevent or cure any disease or condition, and (e) should be kept out of reach of children and pets.

These products are not marketed as smoking cessation, nor have they been tested as such

CALIFORNIA PROPOSITION 65 – WARNING: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.

AGE VERIFICATION – HOW WE USE INFORMATION

You must be of legal smoking age or older to try, purchase, or use products sold on wetcrate.com. In accordance with federal and state age verification laws, we use the third-party age verification system AgeChecker (http://agechecker.net) to verify users are of legal age. which includes checking user identities against multiple databases. In the event a user cannot be verified through public records a photo ID may be requested. Once a users age is verified, the photo ID will be destroyed. Users only need to be verified once. Once verified and approved by AgeChecker, users will only be required to enter DOB, name, and address to skip the verification process on subsequent purchases and will not have to go through the process again. If the user has already been verified through another website that uses AgeChecker, the user will only require DOB, name, and address to skip the extended verification during the checkout process. The whole process is usually completed within seconds.

REFER-A-FRIEND PROGRAM

As a” Referrer” in our “Gift 5, Get 5” program, you are subject to the following policy’s:

How the Program Works Referrers must be legal residents of the United State or any country we do business with now or in the future. You must be at least 18 years of age or of legal smoking age. The refer a friend program is only open to our customer base and you will only receive a unique referral link (“Personal Link”) after you’ve made your first purchase with us. Users may refer a maximum of 100 friends, family members or colleagues throughout the entirety of the program. Referred friends must use your referral code at checkout in order for you and the friend to receive the $5 reward.

Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as “Friends”. Any persons who at any time were used as a referral once before, cannot be used as a referral again by you or any other member. For example, if you are the first to refer “Joe Camel” Joe will remain keyed to you. If another member refers the same “Joe Camel” later, neither him or Joe will receive the reward as Joe was already referred by you. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Reward Payments. By making a vald referral, you will receive a $5.00 reward credit in your account and your friend will receive $5.00 off of their purchase. A referrer can only use up to two referral credits ($10) each purchase. Referral credits don’t expire and will remain in your account until they are depleted. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason.

Spam. Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, promotion through online coupon sites/message boards is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam.

Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms.

TYPOGRAPHICAL ERRORS

In the event that a product is mistakenly listed on the wetcrate.com website at an incorrect price, Wet Crate reserves the right to refuse or cancel any orders placed for that product. Wet Crate reserves the right to refuse or cancel any such orders at any time, including after the order has already been confirmed and your credit card charged. If your order is cancelled after your credit card has been charged for the purchase, Wet Crate will reverse the charges back to your credit card credit for the full amount of the incorrect price.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

http://wetcrate.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wet Crate and Wet Crate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wet Crate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wet Crate of the site or any association with its operators.

Certain services made available via http://wetcrate.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://wetcrate.com domain, you hereby acknowledge and consent that Wet Crate may share such information and data with any third party with whom Wet Crate has a contractual relationship to provide the requested product, service or functionality on behalf of http://wetcrate.com users and customers.

NO UNLAWFUL PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use http://wetcrate.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Wet Crate that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Wet Crate or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wet Crate content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Wet Crate and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wet Crate or our licensors except as expressly authorized by these Terms.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Wet Crate has no obligation to monitor the Communication Services. However, Wet Crate reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wet Crate reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Wet Crate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wet Crate’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wet Crate does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wet Crate specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wet Crate spokespersons, and their views do not necessarily reflect those of Wet Crate.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

MATERIALS PROVIDED TO HTTP:??WETCRATE.COM OR POSTED ON ANY WETCRATE WEBPAGE

Wet Crate does not claim ownership of the materials you provide to http://wetcrate.com (including feedback and suggestions) or post, upload, input or submit to any Wet Crate Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wet Crate, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Wet Crate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wet Crate’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

INTERNATIONAL USERS

The Service is controlled, operated and administered by Wet Crate from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wet Crate Content accessed through http://wetcrate.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wet Crate, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wet Crate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wet Crate in asserting any available defenses.

ARBITRATION In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the state of Delaware. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the parties agree to pay their own costs and expenses of arbitration, including their own attorneys’ fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WET CRATE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WET CRATE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WET CRATE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WET CRATE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WET CRATE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Wet Crate reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wet Crate as a result of this agreement or use of the Site. Wet Crate’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wet Crate’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wet Crate with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wet Crate with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wet Crate with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

Wet Crate reserves the right, in its sole discretion, to change the Terms under which http://wetcrate.com is offered. The most current version of the Terms will supersede all previous versions. Wet Crate encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US

Wet Crate welcomes your questions or comments regarding the Terms:

Wet Crate LLC 2501 Nostrand Avenue, Suite 4B Brooklyn, New York 11210

Email Address: care@wetcrate.com

Telephone number: 347-770-7003

Effective as of November 02, 2015

CUSTOMER SERVICE


MON-SAT 12PM-8PM EST
PH: 347-770-7003
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