LIONS DELIVER TERMS AND CONDITIONS
AGREEMENT BETWEEN USER & WWW.LIONSDELIVER.COM
Welcome to www.lionsdeliver.com The www.lionsdeliver.com website (“Site”) consists of various web pages operated by Lions Deliver. www.lionsdeliver.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.lionsdeliver.com constitutes your agreement to all such Terms. Please read these terms and conditions carefully, and keep a copy of them for your reference.
Visiting www.lionsdeliver.com or sending emails to Lions Deliver, LIONSDELIVER, and any other brand name(s) and subsidiaries belonging to us and mentioned in www.lionsdeliver.com, any of its social media pages and this document 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, and/or texting & phone calls from mobile devices will satisfy any legal requirement that such communications be in writing.
The content included in www.lionsdeliver.com as well as any of our social media platform pages including but not limited to text, graphics or code is copyrighted as a collective work under the United States and international copyright laws, and is the property of Lions Deliver or its suppliers.
The collective work includes works that are licensed to us. Copyright 2018, Lions Deliver. ALL RIGHTS RESERVED.
- Permission is granted to electronically copy portions of this site for the sole purpose of purchasing products from Lions Deliver.
- Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lions Deliver.
All trademarks, service marks, trade names and logos of Lions Deliver websites used in sites are trademarks or registered trademarks of Lions Deliver.
All use of trademarks, service marks, trade names and logos of Lions Deliver is strictly prohibited without the express written permission of Lions Deliver.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
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 Sites, is the property of Lions Deliver 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 Sites. Our content is not for resale. Your use of Sites 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 Lions Deliver 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 Lions Deliver or our licensors except as expressly authorized by these Terms.
Information and statements found on Lions Deliver website are for educational purposes and are not intended to replace the advice of your health care professional. Customers shall consult with their physician prior to using a personal vaporizer and/or our other products. Lions Deliver makes no claims as to the success this product may have for use as a smoking cessation device.
- The products found on Lions Deliver are not intended to diagnose, treat, cure or prevent any disease and no claims are made as to a smoking cessation aid.
- By purchasing these products, you agree to use the products at your own risk. Under no circumstances will Lions Deliver be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on, any product sold by us.
- By purchasing products on Lions Deliver you are declaring that you are of majority age in the state you reside in.
- The products found on Lions Deliver are intended for use by adult smokers only and the purchaser has read and agreed to the Terms and Conditions and Limited Warranty of these websites before placing an order.
- Additionally, be advised that nicotine is addictive. All products found on Lions Deliver websites have not been evaluated by the US FDA. They are not intended to be drug products that diagnose, treat, cure or mitigate any disease or condition.
- Do not use these products:
If you are under 21 years of age.
If you are a non-smoker, have a heart condition, high blood pressure, have a demonstrated allergy or sensitivity to nicotine or other PG based product (any combination of inhalants) or if you are pregnant, nursing or thinking of becoming pregnant.
MINOR COMPLIANCE – AGE DECLARATION
Lions Deliver will not sell any nicotine and delta-8 related products to anyone under the age of 21.
Lions Deliver cannot be held responsible for minors purchasing tobacco/nicotine related products with a guardian credit card.
By using our Sites, and clicking “Yes” to the question “Are you over 21”, you agree that you are at least 21 years of age, and to our terms and conditions.
By viewing or purchasing products from our websites, you declare that you are at least 21 years of age.
If you are under 21 years of age and pre-pay for an order, you are in breach of our agreement and we will not issue you a refund whatsoever.
If you are over 21 years of age yet cannot provide us with an acceptable, valid proof of ID reflecting your age and you have pre-paid for an order, you are in breach of our agreement and we will not issue you a refund whatsoever.
Products are intended for use by adult smokers and the purchaser has read and agreed to the Terms and Conditions of this website before placing an order.
Any sales with an individual will require a photo id check. This includes retail pick up and deliveries to customers. Acceptable form of ID are: Driver’s License, State ID, & Passport. All forms of identification must be valid and up to date.
The following factors are to be examined upon ID inspection: photo likeness of the individual, birth date, expiration date, bumps, tears or other damage, and signature. If an ID is missing any of the items listed above, it is not considered valid and cannot be accepted as proof of age.
With the new PACT Act in place, we will require signatures to be collected for deliveries/shipping services placed for cartridge products.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, or any other device you may use to access www.lionsdeliver.com, 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 Lions Deliver is not responsible for third party access to your account that results from theft or misappropriation of your account. Lions Deliver and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
LINKS TO THIRD PARTY SITES & SERVICES
www.lionsdeliver.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lions Deliver, and Lions Deliver 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. Lions Deliver is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lions Deliver of the site or any association with its operators.
Certain services made available via www.lionsdeliver.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.lionsdeliver.com domain, you hereby acknowledge and consent that Lions Deliver may share such information and data with any third party with whom Lions Deliver has a contractual relationship to provide the requested product, service or functionality on behalf of www.lionsdeliver.com users and customers.
USE OF COMMUNICATION SERVICES
Sites 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.
Lions Deliver has no obligation to monitor the Communication Services. However, Lions Deliver reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Lions Deliver reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Lions Deliver 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, at our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lions Deliver does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lions Deliver specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, drivers and hosts are not authorized Lions Deliver spokespersons, and their views do not necessarily reflect those of Lions Deliver.
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.
Lions Deliver may deliver notice to you by means of e-mail, phone (SMS/Call), or by other reliable methods (including but not limited to; letters, in-person meeting, and/or a third party company) to the address you have provided to Lions Deliver website.
ACCOUNT CREATION & MARKETING
By providing us with your email through our website, or by any other third party service used by us (Google Forms, etc.), you agree to receive an auto-generated username and password, occasional review reminders, promotions and any other incoming mail from WWW.LIONSDELIVER.COM. You also agree that by providing us with your phone number, you allow us to send you occasional promotional text messages. You acknowledge that you can opt out of receiving those text messages at any time by replying STOP to any number tied to Lions Deliver.
INFORMATION & MATERIALS PROVIDED TO WWW.LIONSDELIVER.COM OR POSTED ON ANY LIONS DELIVER WEB PAGE, INCLUDING SOCIAL MEDIA
Lions Deliver does not claim ownership of the materials you provide to www.lionsdeliver.com (including feedback and suggestions) or post, upload, input or submit to any Lions Deliver Sites or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Lions Deliver , 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. Lions Deliver is under no obligation to post or use any Submission you may provide and may remove any Submission at any time with our 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.
THIRD PARTY ACCOUNTS
You will be able to connect your Lions Deliver account to third party accounts. By connecting your Lions Deliver account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
OUT OF STATE & INTERNATIONAL USERS
The Service is controlled, operated and administered by Lions Deliver from our offices within State College, Pennsylvania, USA or Athens, Georgia, USA. If you access the Service from a location outside State College/Athens and outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Lions Deliver Content accessed through www.lionsdeliver.com in any state/country or in any manner prohibited by any applicable laws, restrictions or regulations.
Any cancellation request placed more than 10 minutes after order placement from our shop will be denied. Refusal to pay may result in said customer to be banned from ordering and/or legal action against the said customer.
Use Tax Disclaimer
State sales or use tax may be due in connection with the purchase and delivery of tangible personal property to individuals and businesses. If sales tax is not charged, the purchaser is required to file a use tax return if tax is due in connection with the purchase and delivery. The notice is required pursuant to tax provisions in various states.
Please note that our tipping service automatically places $5.00 for each order. Customers are able to change the amount during their checkout. Tipping charges cannot be refunded after an order has been placed. Tips help us keep our prices for products low & to help continue supporting the business & our drivers.
You agree to indemnify, defend and hold harmless Lions Deliver, 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 Sites 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. Lions Deliver 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 Lions Deliver in asserting any available defenses.
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 a location mutually agreed upon by the parties. The arbitrator’s 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 prevailing party shall be entitled to recover its costs and reasonable attorney’s 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.
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A. and the state of Georgia, U.S.A. without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.
By visiting our site, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products) shall be in the state or federal courts located in Pennsylvania or Georgia.
Lions Deliver failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
Lions Deliver may assign its rights and duties under this Agreement to any party at any time without notice to you.
CLASS ACTION DISCLAIMER
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 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 Lions Deliver 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.
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. Lions Deliver AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIONS DELIVER 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. LIONS DELIVER 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.
Lions Deliver 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 Pennsylvania or the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania or Georgia in all disputes arising out of or relating to the use of our Sites. 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 at no joint venture, partnership, employment, or agency relationship exists between you and Lions Deliver as a result of this agreement or use of the Site. Lions Deliver performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lions Deliver 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 Lions Deliver 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 Lions Deliver with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lions Deliver 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.
DELIVERY, SERVICE, & PERFORMANCE
Delivery or performance times are only binding if they are agreed in writing. In the event of doubt, the delivery times referred to in the order confirmation shall apply. The delivery period commences with conclusion of the contract; however, not before the fulfilment of existing co-operational duties by the customer. In particular, these include the provision of materials and documentation to be procured by the customer and the arrangement of authorizations, releases, agreed deposits or other securities for the fulfilment of his contractual obligations. Once the notice of dispatch readiness has been issued, the agreed deadlines will be considered to have been met, even if delivery or performance cannot take place for reasons which are not our fault.
If delivery deadlines are not met for reasons beyond our control, firstly the delivery company is outsourced, traffic, weather, Corona lockdowns or check points, force majeure, war, terrorist attacks, import or export restrictions, labor disputes, or if the aforementioned affects our component suppliers, the agreed deadlines shall be extended for a reasonable period, even if at the time we are in default.
If we do not keep to a fixed delivery or performance deadline, for reasons other than those mentioned in the paragraph above, the customer has the right to withdraw from the contract, after he has set us in writing a reasonable period within which to deliver or perform and we have not adhered to it.
If the customer has the right to require fulfilment or supplementary performance, or the right to withdraw from the contract and/or claim compensation or expenses as a result of a breach of contract by us, we can demand that he exercises his rights within a reasonable period. If the customer fails to do so, any claim for compensation instead of performance and/or withdrawal from the contract is void.
ORDERS PLACED AFTER-HOUR
All orders placed after-hours will be delivered/sent the next business day. We reserve the right not to cancel orders for it as it is your responsibility to see when we are closed as our business hours are posted on our website.
- REFUND & RETURN POLICY
Pickup/Instant Delivery Orders
We do not issue refunds, all sales final as is. Broken or defective products will be replaced so long as the faulty product is returned within 48 hours of purchase.
We are not responsible for any shipping order made either knowingly, or unknowingly, into a state where our product(s) are illegal and if such, we will not ship the order and are not required to notify the customer. Customers are always encouraged to contact us for cancellation, however a 15% restocking fee will be deducted from the order total.
State Vape Flavor Bans:
Vermont, New York, New Jersey, Massachusetts, Rhode Island, Connecticut, Arkansas, Maine, and South Dakota.
Delta-8 State Bans:
Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah, Vermont, and Washington.
Please be aware that if defective devices were found to be purposely tampered with in order to obtain a replacement we will charge your account for the replacement &/or be banning you from our services.
Company reserves full right to gift or not gift coupons or products to guarantee costumer satisfaction.
If you are for any reason not satisfied with the product or delivery, please contact us on our social media or at the contact information listed at the bottom of this page.
NOTE: Any attempts of chargebacks will be met with a dispute from our side. We will provide credit card companies & our merchant company proof of completion of orders including signatures collected or proof of ID being provided.
Furthermore, any attempts of chargebacks can & will result in a permanent ban from our services.
CHANGE TO TERMS
Lions Deliver reserves the right, in its sole discretion, to change the Terms under which www.lionsdeliver.com is offered. The most current version of the Terms will supersede all previous versions. Lions Deliver encourages you to periodically review the Terms to stay informed of our updates.
Lions Deliver welcomes your questions or comments regarding the Terms:
Effective as of September 5, 2022