Terms of service

Welcome to www.auxo-official.com. When you use the www.auxo-official.com and all related content (include any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, data, etc.), mobile applications, and associated services (collectively the “Website”) and/or purchase any products or goods on Website (“Products”), SPECTRUM DYNAMIC RESEARCH and/or its affiliates (“we”, “us” or “our”) will provide Website, Products and all related services to you (collectively “Service”). Once you use Service means you accept the terms and conditions herein (“Terms of Service” or “Terms”). IF YOU DISAGREE WITH THESE TERMS OF SERVICE, YOU’RE SUGGESTED TO STOP USE THE WEBSITE, SERVICE OR PURCHASE OUR PRODUCTS FROM THE WEBSITE.

 

Section 1. Use of Website 

You shall check and understand the local laws in your jurisdiction, and MUST BE OF LEGAL MINIMUM PURCHASING AGE IN YOUR JURISDICTION TO BUY AND/OR USE ANY PRODUCTS OR ACCESS OUR WEBSITE. 

No warrant or guarantee made by us that compliance with these Terms of Service will be sufficient for you to comply with your obligations under applicable laws where you reside or where you use the Website.

You shall read these Terms of Service carefully to ensure that you understand each provision, and make sure you can and will comply with these Terms and all applicable local, state, national, and international laws, rules and regulations.

We may modify, limit, change, discontinue, or replace the Website and these Terms of Service at any time, during which, your continued use of Website and/or purchase any Products thereafter means you agree with such modification, limitation, change, or replacement. You shall review these Terms of Service on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements. 

This Website is provided at an “as is” and “as available” basis for general informational purpose only and shall not be relied on or used as sole basis of making any decisions. You use this Website all at your own risk. We have right in our sole discretion but no obligation to remove, amend, update or refuse any content on this Website.

 

Section 2. Use of Website Account

If you intends to purchase Products from our Website, you shall follow the registration procedure of our Website to create an account (you agree not to create more than one account), and provide real, accurate and complete information about yourself and update those information immediately when there is any change. ANY USE OF AN ACCOUNT VIA THE WEBSITE BY ANYONE UNDER 18 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS. All information provided by you will be handled by us according to our Privacy Policy.

You agree to take your user ID and password of your account confidential and not share them with anyone else for any reason, and contact us in the event you become aware of unauthorized access to your account. You will be solely responsible for all activity that takes place in connection with your account, indemnify and hold harmless us from any damages that arise out of or in relation to use of your account. 

You agree that your account may be restricted access to, suspended, disabled, terminated, and/or deleted by us for any reason that we deem necessary, or for no reason, and under which, you agree to contact us for reinstatement of your account rather than open alternate account or use anyone else’s account. 

 

Section 3. Use of Products and Service

You understand that no warranty or guarantee from us that vaporization product such as Products in our Website is 100% safe, and you shall be responsible for the materials that you use with Products. 

You understand that inhalation of vaporized or heated materials may aggravate your existing respiratory conditions, and you will consult with your physician when you have any concerns about the use of a vaporizer for any purpose.

You will comply at all times with all applicable laws and regulations (related to product use, resale, marketing, advertising, etc.) in all relevant jurisdictions. 

This product is not designed or intended for any nicotine or liquid products but for the use of federally legal products such as hemp or CBD.

 

Section 4. Communications 

You may send submissions, creative ideas, suggestions, proposals, plans, or any other content or materials, whether online, by email, by postal mail, or otherwise (collectively, “communications”), you agree that: (1) communications shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and contain software viruses; (2) we have a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use communications for any purposes, including, without limitation, a license to edit, reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, transmit, display or refuse to post the communications in any medium any communications at any time without restriction; (3) communications are not confidential or privacy information, we have no right to pay compensation for or to respond to any communications. 

When you use Services, or send e-mails and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages by us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and the contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. If you choose to subscribe to our Newsletter, you will receive electronic communications and offers. Whether offers are effective or void will depend on your country, state and local regulations. 

We take no responsibility and assumes no liability for any communications. The person who makes the communications will be solely responsible for the communications. The provisions of section 4 will survive the termination of these Terms of Service and for the maximum period permitted under applicable law.

 

Section 5. Purchase of Products

You may place purchase orders to buy Products on Website, and contact our Support service immediately when you intend to cancel your orders. You will not be allowed to cancel the orders after there is tracking information for them. 

The prices displayed for Products on Website are the full retail prices and quoted and payable in US dollars. You will pay for all purchase orders you place through the Website, and be responsible for the taxes and/or duties in connection with your purchases unless we have collected those taxes and/or duties at the time of purchase. You shall inform us in writing within 3 calendar days after your payment when you have any doubt on your payment to our address or email address listed in the contact information on Website. You agree that failure to inform us represents your express waiver of any claims related to the disputed payment, and you will bear all costs and expenses of collection, including attorneys’ fees, incurred by us in the event of your failure to make payment.

We do not repair damaged Products or provide spare parts for repair. You agree to inspect any purchased Products immediately once you received them and report any damaged, incorrect, or incomplete orders to our Support immediately for refund or exchange.

 

Section 6. Return of Products

You may return Products that are unused and in their original factory-sealed condition to be eligible for return for a refund without giving any reason within 14 calendar days of the original delivery date. We cannot accept any returns of any used Products unless it's determined by our Customer Service Department that the item may be defective in some way. If you decide to return the Products, you shall inform us of your decision to return by contacting our Support to get a Return Materials Authorization (RMA) number within 14 calendar days of the original delivery date. Any returns with no RMA number may be refused and returned back. You shall returned the Products within 5 calendar days after we provide you RMA number. 

We provide no return warranty, no refund and assume no responsibility or liability for products that not purchased on Website or our other authorized dealers, and no obligation to help resolve issues in connection to those products, you may contact our Support to learn more about authorized dealers. 

 

Section 7. Prohibited Actions

Without our separate prior written authorization or permission, you cannot 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 us. Otherwise, the warranty of Products or services will be void and you may get penalty as ruled by law.

In addition to other prohibitions as set forth in the Terms of Service, you agree not to use the Service for any illegal purpose or solicit others to perform or participate in any illegal acts, and/or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, and/or to infringe upon or violate our or other parties’ intellectual property rights.

 

Section 8. Indemnification 

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claim liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your communications or your violation of any law or the rights of a third-party.

 

Section 9. Third Party Tools and Links

Our Website may contain sites links and/or tools of other third parties, which not represents our endorsement of those sites or content of those sites or tools. You access those sites or tools all at your own risk, and shall carefully review their privacy statements and other conditions of use before you engage in any transactions. We are not responsible for examining or evaluating, and we do not warrant or assume any responsibility or liability for the actions, product, content and your use of all these sites or tools of any third parties. You should carefully review their privacy statements and other conditions of use.

 

Section 10. Privacy Policy

Personal information provided by you related to our Service will be governed by our Privacy Policy. You may review our Privacy Policy at the bottom of home page of this Website. You agree that we may revise our Privacy Policy at any time without notice.

 

Section 11. Information from Us

We provide information “as is” on this Website or in our Service or relate to Products. Except as required by law, we have no obligation to revise, update or clarify those information. And you understand that those information on this Website or in our Service or relate to descriptions, price, offers, promotions, shipping charges, shipping time, availability of Products may not be complete right or accurate. Anytime when we find any errors, inaccuracies or omissions, we may correct relevant information or cancel orders without prior notice. 

 

Section 12. Intellectual Property

All content included in or made available through Website, Products and Service, such as features trademarks, service marks, text, graphics, logos, button icons, images, video, files, photos, images, music, designs, data and software is the property and contain trademarks of us or our licensors or its content suppliers. This Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries. You will only use those property or trademarks with prior permission of respective owners.

Our Products are protected by a variety of intellectual property rights including issued patents and pending patent applications, registered designs, and similar rights, details.

You shall request potential permission to use the copyright materials on our website by writing to us by email, to support@auxo-official.com.

 

Section 13. Governing Law and Venue

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between we and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Section 14. Waiver of Class Action/Jury Trial, Waiver and Release of Claims

You agree to waive 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.

You agree to waive any and all claims that arises out of or in connection to your use of the Website, Service and/or Products that you have or may have against us or our authorized dealers. You understand that you or any other relevant party may suffer any damages or loss because of our negligence, omission or breach of these Terms relate to the Website, Service and/or Products, you agree to release us and our authorized dealers from any liability generated therefrom.

 

Section 15. Disclaimer of Warranty and Limited Liability

WE DOES NOT PROMISE THAT ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE, PRODUCTS AND SERVICE (COLLECTIVELY “CONTENTS”) WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL CONTENTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CONTENTS. YOU ASSUME ALL AND TOTAL RESPONSIBILITY FOR YOUR USE OF THE CONTENTS AND ANY LINKED SITES OF THRID PARTIES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE CONTENTS IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. 

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE CONTENTS, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE RELEVANT PAYMENTS WITH RESPECT TO USE OF WEBSITE, SERVICE AND PRODUCTS TAHT PAID IN THE ONE MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US, OR (2) US$100.00. 

THE ABOVE DISCLAIMERS OR LIMITATIONS APPLIE: (1) TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION; (2) REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED AS A RESULT OF NEGLIGENCE, OR UNDER THE TERMS OF CONTRACT, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE CONTENTS, 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.

THE FOREGOING DISCLAIMERS AND LIMITATIONS WILL NOT APPLY TO THE EXTENT THAT IS PROHIBITED BY APPLICABEL LAW AND REGULATIONS.

 

Section 16. Miscellaneous

Any provision of these Terms of Service that is determined to be unlawful, void or unenforceable shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be removed from these Terms of Service and will not affect the validity and enforceability of the remaining provisions. 

We may transfer or assign these Terms, and any rights and licenses granted hereunder without restriction. Any attempted transfer or assignment by you will be null and void.

No waiver by us of any breach of this Agreement is effective unless in writing.

You agree that these Terms of Service, the Privacy Policy, and our Warranty that are incorporated by reference, constitute the entire agreement between you and us with respect to the Website and your relationship with us and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms of Service. You agree that these Terms of Service will be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.

All notice required or permitted under these Terms of Service shall be made in writing by email to:

support@auxo-official.com