Terms & Conditions

WEBSITE TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS ANDCONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. All users of this siteagree that access to and use of this site are subject to the following termsand conditions and other applicable laws. If you do not agree to these termsand conditions, please do not use this site. Additionally, If you do not agreewith the following terms and conditions, you are prohibited from using the siteand must discontinue immediately.

These Terms and Conditions constitute alegally binding agreement made between you, whether personally or on behalf ofan entity you and Speed Wholesale Inc. (“Company”, “we”, “Speed Wholesale”,“our”, or “us”), concerning your access to and use of thewww.speedwholesale.com website as well as any other media form, media channel,mobile website or mobile application related, linked, or otherwise connectedthereto (collectively, the “Website”).

Additional terms, conditions or documentationmay be posted on the Website and are hereby expressly incorporated by reference.In our sole discretion Speed Wholesale, can make changes or modifications tothese Terms and Conditions at any time and for any reason whatsoever. You waiveany right to receive specific notice of each such change. You are responsibleto review these Terms and Conditions and stay informed of updates. You will besubject to and will be deemed to have been made aware of and to have accepted,the changes in any revised Terms and Conditions by your continued use of theSite after the date such revised Terms and Conditions are posted.

The information provided on the Website isnot intended for distribution to or use by any person or entity in anyjurisdiction or country where such distribution or use would be in oppositionto applicable law or regulation or would subject Speed Wholesale to anyregistration requirements within such jurisdiction or country. Individuals,Entities, or any other person who choose to access the Website from otherlocations do on their own initiative and are solely responsible for compliancewith applicable local laws, if and to the extent local laws areapplicable. 

The Website is intended for users who are atleast 21 years old. A person under the age of 21 is not permitted to use orregister for the Website or place orders on the Website whatsoever.Furthermore, this is not a Consumer Website, this Website is only for the useof Retailers, Distributors, and Wholesalers with a valid BUSINESS LICENSE only.

This Website contains, pictures, andinformation about Tobacco-Related products, nicotine, nicotine-relatedproducts, and other adult material not to be used, consumed, or viewed byanyone under the age of 21. Additionally, you agree to use the products offeredherein for their legal and intended use only.

GENERAL TERMS

We reserve the right to refuse service orWebsite to anyone for any reason at any time.

We only accept international orders from theselected countries, subject to change based on international customs laws.

You understand that your content (notincluding credit card information), may be transferred unencrypted and involve(a) transmissions over various networks; and (b) changes to conform and adaptto the technical requirements of connecting networks or devices. Credit cardinformation is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy,sell, resell or exploit any portion of the Website, use of the Website, oraccess to the Website or any contact on the Website, without express writtenpermission by us. The headings used in this agreement areincluded for convenience only and will not limit or otherwise affect theseTerms and Conditions.

CHANGES TO TERMSAND CONDITIONS

You can review the most current version ofSpeed Wholesale’s Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion,to update, change or replace any part of these Terms and Conditions by postingupdates and changes to our website. It is your responsibility to check ourwebsite periodically for changes. Your continued use of or access to ourWebsite following the posting of any changes to these Terms and Conditionsconstitutes acceptance of those changes.

INTELLECTUALPROPERTY RIGHTS

Content on this Website unless otherwiseindicated, including but not limited to text, databases, website designs,audio, video, photographs, graphics, code, and functionality (Collectivelyrereferred to as “Content”) and the trademarks, service marks, and logos(Collectively rereferred to as “Marks”) is copyrighted as collective work underthe United States and other copyright laws and is the property of SpeedWholesale, Inc. The collective work includes works that are licensed to SpeedWholesale ALL RIGHTS RESERVED. The Content and Marks are provided on theWebsite “As Is” for your information and personal use only. Permission isgranted to electronically copy and print hard copy portions of this Website forthe sole purpose of placing an order with Speed Wholesale or purchasing SpeedWholesale products. You may display and, subject to any expressly statedrestrictions or limitations relating to specific material, download or printportions of the material from different areas of the site solely for your ownnon-commercial use, or to place an order with Speed Wholesale or to purchaseSpeed Wholesale products. Any other use, including but not limited to thereproduction, distribution, display, or transmission of the content of thisWebsite is strictly prohibited unless authorized by Speed Wholesale.

Provided that you are eligible to use thisWebsite, you are granted a limited license to access and use the Website todownload or print a copy of any portion of the Content to which have properlygained access exclusively for non-commercial and personal use.

ACCURACY OFINFORMATION

We are not responsible if information madeavailable on this Website is not accurate, complete, or current. The materialon this Website is provided for general information only and should not berelied upon or used as the sole basis for making decisions without consultingprimary, more accurate, more complete, or more timely sources of information.Any reliance on the material on this Website is at your own risk.

Speed Wholesale is not a manufacturer andSpeed Wholesale sells only finished goods which are manufactured by thirdparties. If you have questions concerning any products you should directinquiries to the respective manufacturer of any product for the most accurateand complete information. You are responsible for making yourself informedregarding any product before purchasing from this Website.

This Website may contain certain historicalinformation. Historical information, necessarily, is not current and isprovided for your reference only. We reserve the right to modify the contentsof this Website at any time, but we have no obligation to update anyinformation on our Website. You agree that it is your responsibility to monitorchanges to our Website.

We are not responsible for the accuracy ofthe information contained in user-generated content nor do the views, opinions,or statements made in such content necessarily reflect the views, opinions, orknowledge of Speed Wholesale administrators, owners, or affiliates.User-generated content is considered content created by anyone who is not anadministrator, owner, or affiliate of www.speedwholesale.com and can include but is not limitedto customer reviews or third-party links on or directed to this Website. We arenot responsible for any claims made in user-generated content nor do weimplicitly or explicitly agree with any such claims or opinions. We do notattest to the accuracy or validity of any statements made in user-generatedcontent whether posted on this Website or linked to this Website.

WARRANTYDISCLAIMER

This Website and the materials and productson this site are provided “as is” and without warranties of any kind, whetherexpress or implied. To the fullest extent permissible pursuant to applicablelaw, Speed Wholesale disclaims all warranties, express or implied, including,but not limited to, implied warranties of merchantability and fitness for aparticular purpose and non-infringement. Speed Wholesale does not represent orwarrant that the functions contained in the Website will be uninterrupted or error-free,that the defects will be corrected, or that this Website or the server thatmakes the Website available is free of viruses or other harmful components.Speed Wholesale does not make any warranties or representations regarding theuse of the materials on this Website in terms of their correctness, accuracy,adequacy, usefulness, timeliness, reliability, or otherwise. Some states do notpermit limitations or exclusions on warranties, so the above limitations maynot apply to you.

MANUFACTURER WARRANTIES: 

Allwarranties are guaranteed only through their manufacturer. We are notresponsible for any manufacturer claims, defects, or damage caused by amanufacturer’s products. By purchasing from our website, you understand thenature of the products and the dangers that may occur if misused.

Speed Wholesale does not warrant or acceptreturns for consumable or personal hygiene items that have been opened or used.Consumable items include but are not limited to e-liquid and replacement coilheads and personal hygiene items include items such as atomizers andmouthpieces. Speed Wholesale does not manufacture any items sold on www.speedwholesale.com and offers no warranties orguarantees of any products. Any items that have been used or altered in any waymay not be returned.

This Website and the materials and productson this Website are provided “as is” and without warranties of any kind,whether express or implied. To the fullest extent permissible pursuant toapplicable law, Speed Wholesale disclaims all warranties, express or implied.Speed Wholesale does not represent or warrant that the functions contained inthe Website will be uninterrupted or error-free, that the defects will becorrected, or that this Website or the server that makes the Website availableis free of viruses or other harmful components. Speed Wholesale does not makeany warranties or representations regarding the use of the materials on thisWebsite in terms of their correctness, accuracy, adequacy, usefulness,timeliness, reliability, or otherwise.

LIMITATION OFLIABILITY

Speed Wholesale shall not be liable for anyspecial or consequential damages that result from the use of, or the inabilityto use, the materials on this Website or the performance of the products, evenif Speed Wholesale has been advised of the possibility of such damages.Applicable law may not allow the limitation of exclusion of liability orincidental or consequential damages, so the above limitation or exclusion maynot apply to you.

We do not guarantee, represent or warrantthat your use of our Website will be uninterrupted, timely, secure, orerror-free.

We do not warrant that the results that maybe obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we mayremove the s Website for indefinite periods of time or cancel the Website atany time, without notice to you.

You expressly agree that your use of, orinability to use, the Website is at your sole risk. The Website and allproducts delivered to you through the Website are (except as expressly statedby us) provided ‘as is’ and ‘as available for your use, without anyrepresentation, warranties, or conditions of any kind, either express orimplied, including all implied warranties or conditions of merchantability,merchantable quality, fitness for a particular purpose, durability, title, andnon-infringement.

In no case shall Speed Wholesale, ourdirectors, officers, employees, affiliates, agents, contractors, interns,suppliers, service providers, or licensors be liable for any injury, loss,claim, or any direct, indirect, incidental, punitive, special, or consequentialdamages of any kind, including, without limitation lost profits, lost revenue,lost savings, loss of data, replacement costs, or any similar damages, whetherbased in contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using theWebsite, or for any other claim related in any way to your use of the Websiteor any product, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use ofthe Website or any content (or product) posted, transmitted, or otherwise madeavailable via the Website, even if advised of their possibility. Because somestates or jurisdictions do not allow the exclusion or the limitation ofliability for consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extent permittedby law.

INDEMNIFICATION

You agree to indemnify, defend and holdharmless Speed Wholesale and our parent, subsidiaries, affiliates, partners,officers, directors, agents, contractors, licensors, service providers,subcontractors, suppliers, interns, and employees, harmless from any claim ordemand, including reasonable attorneys’ fees, made by any third party due to orarising out of your breach of these Terms and Conditions or the documents theyincorporate by reference or your violation of any law or the rights of athird-party.

AGE VERIFICATION

THIS WEBSITE CONTAINS INFORMATION REGARDINGELECTRONIC CIGARETTES. YOU MUST BE OF LEGAL AGE (21 YEARS OF AGE) TO ENTER,VIEW, OR USE THIS WEBSITE.

In accordance with federal law, you must beof legal age to purchase electronic cigarettes from this website. Falsificationof your age for the purpose of purchasing products from this website isstrictly illegal and is punishable to the fullest extent of the law. Purchasingany products from this website on the behalf of a minor is prohibited and ispunishable by law. We reserve the right to ask for identification at ourdiscretion.

By using and purchasing from this Website,you are confirming that you are of LEGAL age to purchase electronic cigaretteproducts and you are not in violation of any applicable local governmentregulations concerning vapor products. We do not sell to anyone under the ageof 21, even if the minimum age to purchase tobacco products is lower in yourjurisdiction. We reserve the right to deny any orders we believe to be placedby a minor.

YOU MUST MEET THELEGAL TOBACCO / VAPE / ELECTRONIC CIGARETTE AGE TO PURCHASE. WE WILL NOTCOMPLETE A SALE TO CUSTOMERS UNDER THE AGE OF 21.

Providing false declarations of age underpenalties of perjury is a CRIMINAL OFFENSE.

Effective August 8, 2016, in order to complywith FDA Deeming regulations, Speed Wholesale Supply will attempt to reasonablyverify the age of any customer who makes a purchase from www.speedwholesale.com  in order to prevent sales tominors. We reserve theright to use third-party age verification systems, in accordance with federallaws. If necessary, we reserve the right toask for identification. In instances in which third-party age verification isinsufficient, we may require to review your identification card. You may berequired to e-mail or text your identification card clearly displaying yourdate of birth and full legal name. You may be required to complete a signedauthorization note along with a legible, unaltered copy of your identification.Any fraudulent or underage orders may be REPORTED to the local authoritieswithin your vicinity.

Once an order is submitted, we may place theorder on hold until age verification is complete and we can confirm that thepurchaser is over 21 years of age. If we are not able to verify that thecustomer is over 21 years of age via third-party verification or verificationof photo identification within 72 hours of purchase, we will cancel the orderand void/refund the full payment. The customer must provide accurate,up-to-date contact information so that we may collect the necessary ageverification information.

PROHIBITED USES

In addition to other prohibitions as setforth in the Terms and Conditions, you are prohibited from using the Website orits content: (a) for any unlawful purpose; (b) to solicit others to perform orparticipate in any unlawful acts; (c) to violate any international, federal,provincial or state regulations, rules, laws, or local ordinances; (d) toinfringe upon or violate our intellectual property rights or the intellectualproperty rights of others; (e) to harass, abuse, insult, harm, defame, slander,disparage, intimidate, or discriminate based on gender, sexual orientation,religion, ethnicity, race, age, national origin, or disability; (f) to submitfalse or misleading information; (g) to upload or transmit viruses or any othertype of malicious code that will or may be used in any way that will affect thefunctionality or operation of the Website or of any related website, otherwebsites, or the Internet; (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Website or any related website, other websites, or theInternet. We reserve the right to terminate your use of the Website or anyrelated website for violating any of the prohibited uses.

THIRD-PARTY LINKS

Certain content, products, and servicesavailable via our Website may include materials from third parties.

Third-party links on this Website may directyou to third-party websites that are not affiliated with us. We are notresponsible for examining or evaluating the content or accuracy and we do notwarrant and will not have any liability or responsibility for any third-partymaterials or websites, or for any other materials, products, or services ofthird parties.

We are not liable for any harm or damages relatedto the purchase or use of goods, services, resources, content, or any othertransactions made in connection with any third-party websites. Please reviewcarefully the third-party’s policies and practices and make sure you understandthem before you engage in any transaction. Complaints, claims, concerns, orquestions regarding third-party products should be directed to the third party.

In an attempt to provide increased value toour visitors, Speed Wholesale may link to sites operated by third parties,including those used for credit card processing and age verification. However,even if the third party is affiliated with Speed Wholesale, Speed Wholesale hasno control over these linked sites, all of which have separate privacy and datacollection practices, independent of Speed Wholesale. These linked sites areonly for your convenience and therefore you access them at your own risk.Nonetheless, Speed Wholesale seeks to protect the integrity of its Website andthe links placed upon it and therefore requests any feedback on not only itsown Website, but for sites, it links to as well (including if a specific linkdoes not work).

PARTICIPATIONDISCLAIMER

Speed Wholesale does not and cannot reviewall communications and materials posted to or created by users accessing theWebsite, and is not in any manner responsible for the content of thesecommunications and materials. You acknowledge that by providing you with theability to view and distribute user-generated content on the Website, SpeedWholesale is merely acting as a passive conduit for such distribution and isnot undertaking any obligation or liability relating to any contents oractivities on the Website. However, Speed Wholesale reserves the right to blockor remove communications or materials that it determines to be (a) abusive,defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) inviolation of a copyright, trademark or; other intellectual property rights ofanother or (d) offensive or otherwise unacceptable to Speed Wholesale in itssole discretion.

CHANGES IN SERVICEAND / OR PRICING

Prices for our products are subject to changewithout notice.

We reserve the right at any time to modify ordiscontinue any products from the site (or any part or content thereof) withoutnotice at any time.

We shall not be liable to you or to any thirdparty for any modification, price change, suspension, or discontinuance ofproviding products to Speed Wholesale

ERRORS,INACCURACIES, AND OMISSIONS

Occasionally there may be information on ourWebsite that contains typographical errors, inaccuracies, or omissions that mayrelate to product descriptions, pricing, promotions, offers, product shippingcharges, transit times, and availability. We reserve the right to correct anyerrors, inaccuracies, or omissions, and to change or update information orcancel orders if any information on the Website is inaccurate at any timewithout prior notice (including after you have submitted your order).

We undertake no obligation to update, amendor clarify information on the site, including without limitation, pricinginformation, except as required by law. No specified update or refresh dateapplied on the Website should be taken to indicate that all information on theWebsite or related Website has been modified or updated.

Speed Wholesale does ship to internationalcustomers in select foreign countries via direct international shippingcarriers and also ships to shipping warehouses and freight forwarders. SpeedWholesale and its parent company are not responsible for customs, duties,shipping errors, damage, or lost packages caused by shipping warehouses/freightforwarders. Speed Wholesale its affiliates and its parent company will makeevery effort to accommodate special shipping instructions when shipping directlyto an international customer but accept no liability or responsibility forcustoms clearance issues or delays or seizure/confiscation of internationalshipments. International customers are responsible for following the customsrules and regulations of the destination country and must notify SpeedWholesale customer service of any relevant international shipping requirementsfor the destination country. All customs duties and taxes for direct-shipinternational orders will be billed to the purchaser separately by the shippingcarrier. All sales are FINAL for international orders.

CHOICE OF LAW

Your use of this Website shall be governed inall respects by the laws of the state of Illinois, U.S.A., without regard tochoice of law provisions, and not by the 1980 U.N. Convention on contracts forthe international sale of goods. You agree that jurisdiction over and venue inany legal proceeding directly or indirectly arising out of or relating to thisWebsite) shall be in the state or federal courts located in Illinois. Any causeof action or claim you may have with respect to the Website (including but notlimited to the purchase of Speed Wholesale Products) must be commenced withinone (1) year after the claim or cause of action arises. Speed Wholesale’s failureto insist upon or enforce strict performance of any provision of these termsand 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 actto modify any of these terms and conditions. Speed Wholesale may assign itsrights and duties under this Agreement to any party at any time without noticeto you.

SEVER-ABILITY

In the event that any provision of theseTerms and Conditions is determined to be unlawful, void, or unenforceable, suchprovision shall nonetheless be enforceable to the fullest extent permitted byapplicable law, and the unenforceable portion shall be deemed to be severedfrom these Terms and Conditions, such determination shall not affect thevalidity and enforceability of any other remaining provisions.

TERMINATION.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of

this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate

these Terms and Conditions at any time by notifying us that you no longer wish to use our Website, or when you

cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of

these Terms and Condition, we also may terminate this agreement at any time without notice and you will

remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you

access to our Website (or any part thereof).

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. 

Visiting the Website, sending us emails, and completing online forms constitute electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting by any means other than electronic means. 

USER DATA

SPEED WHOLESALE will maintain certain data that you transmit to the Website for the purpose of managing the

performance of the Website, as well as data relating to the use of the Website. We perform regular routine

backups of data, however, you are solely responsible for all data that you transmit or that relates to any activity

you have undertaken using the Website. You agree that SPEED WHOLESALE shall have no liability to you for any loss or

corruption of any such data, and you hereby waive any right of action against us arising form any such loss or

corruption of such data.