PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: January 1, 2016
Welcome to www.craftvapery.com. Please read on to learn the rules and restrictions that govern your use of our website, products, subscriptions, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected].
By using any of the Services, you represent and warrant that you are at least 18 years of age and of legal smoking age and that you are fully aware of the following warnings:
WARNING: Products included on www.craftvapery.com contain nicotine, a poisonous and addictive substance. Products included on www.craftvapery.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 use a product purchased from us and experience any side effects or possible side effects, stop using the product immediately and consult a physician. Products included on www.craftvapery.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.
CALIFORNIA PROPOSITION 65 – WARNING: These products contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.
We are constantly working to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.craftvapery.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
You may be required to sign up for an account, and select a password and username (“Craft Vapery User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Craft Vapery User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract and are of legal smoking age. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity) and that nobody at such organization or entity is under the legal smoking age.
You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Craft Vapery);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Craft Vapery account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” of any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores of any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services or Content.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The Craft Vapery website sells Services only to end-user customers who are of legal smoking age, only for their own personal, non-commercial use and not for further distribution or resale or for any other commercial or business purpose. Subscriptions and all rights and privileges conferred are personal and non-transferable.
Pricing for Services, including individual purchases and subscriptions, is as set forth on the Craft Vapery website and as confirmed on the final page of the checkout process. In the event a Service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Craft Vapery shall have the right to refuse or cancel any orders placed for such Service listed at the incorrect price. Craft Vapery shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Craft Vapery shall immediately issue a credit to your credit card account in the amount of the charge. Craft Vapery reserves the right to change prices for Services at any time.
The Craft Vapery website accepts credit, debit, and gift card card payments only. You agree to pay all fees charged to your account based on Craft Vapery's fees, charges, and billing terms in effect as shown on the payment page at the time that you place an order for Services. You are also responsible for paying any sales and other applicable taxes, duties and the like, as well as shipping and handling charges, that may apply to your purchase of Services. You authorize Craft Vapery or a third party payment processing service provider that we engage to charge your credit card for any such taxes and charges. All payments shall be made in advance of shipping the Services. If you do not pay on time or if your credit card cannot be charged for any reason, Craft Vapery reserves the right to not ship any Service and/or suspend or terminate your subscription, if applicable. All prices are quoted in US Dollars and all payments accepted must be in US Dollars.
We, and our third party payment service provider, may receive updated credit or debit card information from your card issuer. The disbursement of the updated card information is provided to us and our third party payment service provider at the election of your credit card issuer. Neither we nor our third party payment service provider is responsible for the distribution of your card information, which is at the sole election of your card issuer. Your card issuer may give you the right to opt out of the update service. It is your responsibility to contact yourcard issuer with regards to your right to opt out of the update service.
There are three types of memberships at Craft Vapery, of which one is free and two are paid subscriptions. The “Craft Basic Membership” is free to join and use. As a Craft Basic Member, you receive free shipping on all U.S. shop orders over $50, and all international shop orders over $200.
There are two types of paid subscriptions at Craft Vapery. The primary subscription, known as the “Craft Premium Membership”, includes monthly boxes of hand-curated e-liquid, as well as additional membership benefits (such as discounted member pricing throughout the shop, free shipping on all U.S. shop orders, and free shipping on international shop orders over $100), contests, and rewards. The second type of paid subscription at Craft Vapery is known as the “Craft Plus Membership” and includes all the member benefits, contests, and rewards of the “Craft Premium Membership”, but does not include the automated monthly shipments of hand-curated e-liquid.
We reserve the right to change or update the various Craft Membership tiers or benefits at any time and without notice.
After you sign up for any paid subscription service, your card will be charged on the same day that you signed up for each month during which your subscription is active. Your subscription will automatically renew for an additional one-month period on the same day of the month, or the closest applicable business day, that you originally signed up, unless you specify a different recurring charge date. We will charge your credit card for the applicable subscription renewal fee and shipping and handling charges, if any, as well as sales and other applicable taxes, duties and the like, that may apply to your subscription. Prepaid subscriptions are billed in their respective recurring period, instead of billed monthly. Prepaid subscriptions will automatically renew for their specified additional prepaid period, unless changed to a different billing cycle. For example: if you prepay for 3 months, then your account will automatically renew for an additional 3 months at the end of the previous prepaid period.
You may cancel, pause, or edit any paid subscription from your profile’s account settings. Alternatively, you may cancel, pause, or edit any paid subscription at any time by sending an email to [email protected], which email must reference the email address contained in your user profile and state the changes you wish to make to your subscription. Cancellation requests received prior to your charge date shall be effective that month, and any such requests received on or after your charge date shall become effective in the immediately following month.
- Package sizes are based on 15ml bottle sizes and not the volume of the liquid in the 15ml bottle. Craft Vapery's package size guarantee only applies to the sizes of the bottles shipped and not the volume of liquid they contain. Craft Vapery is not responsible for the volume of liquid, as it is controlled by the manufacturers.
- Craft Vapery will use commercially reasonable efforts to match the nicotine strength selected by each member. Since some manufacturers may use nicotine strengths that are different from that selected by a member, we will attempt to send those flavors which most closely match such member’s profile.
- Higher VG liquids are defined as liquids with a PG/VG ratio that range from 30/70 - 0/100. If liquids are not available in 30/70 or higher, then we reserve the right to ship the next closest PG/VG ratio.
- Members who previously subscribed to cartomizers in their subscription will be grandfathered into their selection, but as of July 15, 2014 cartomizers are no longer offered for subscriptions.
- Due to certain manufacturer restrictions, some of the liquids that we ship cannot be requested, cannot be added to your wish list, and cannot be locked in as recurring bottles to your subscription.
- Promotional codes on subscriptions only apply to the first month’s subscription rate. Therefore, members who choose the 3 month, 6 month, or 12 month subscription payment plans will only receive a discount on the applicable rate for the first month.
- Member discounts are not guaranteed on every product in the shop, as some manufacturers do not allow discounts. We reserve the right to offer products to members in the present or future which are exempt from free shipping.
- Member pricing is final as listed on the Craft Vapery website. Promotional codes can be used in place of member discounts but not together with member discounts; therefore, promotional codes are applied against full retail prices.
- Referral credits may only be used up to $10.00 per order, and only on orders that subtotal to $35.00 or more. Referral credits may be used in conjunction with promotional codes.
All sales on www.craftvapery.com are final. No products or Services may be returned and no refunds will be given.
Products are shipped by the United States Postal Service, or such other shipping method that you choose upon checkout, if applicable. The risk of loss and title for all purchased products pass to you upon delivery of such product to the carrier. Craft Vapery does not guarantee the amount of time that it takes for any product to be delivered and is not responsible for any delay in shipping. You understand that factors such as weather, economic events, and/or global events can all cause delays. Additionally, Craft Vapery is not responsible for any damage that occurs to any product while it is being shipped.
Craft Vapery ships orders anywhere allowed by law. Please check the laws applicable to your jurisdiction to ensure that your order will not be delayed, seized, or held at customs, or by couriers or third party shipping entities. Please be aware that some countries will apply local duties, taxes, or tariff charges to your package and that you will be responsible for paying those fees. If your package is delayed or seized by customs, or if you choose not to pay the local duties, taxes, or tariff charges, Craft Vapery is not responsible for issuing any refund, including your shipping charges.
- Qualified Referral. A Qualified Referral is defined as a subscription purchase made at www.craftvapery.com by a person (a "Referred Customer") who first arrives to our website by clicking your Refer-a-Friend Program link. You are limited to one Qualified Referral for each Referred Customer and nobody else shall be entitled to a Qualified Referral with respect to such Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals, and someone who has previously been a Referred Customer of another Referrer cannot be your Referred Customer.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards. For you to earn Referral Rewards as a Referrer, the Referred Customer must sign up for and receive a paid subscription from Craft Vapery.
- Reward Payments. The Referred Customer will receive a coupon code for a 20% discount off of the Referred Customer's first subscription purchase. The Referrer will receive $5.00 of Referral Rewards for each Qualified Referral. Each month, up to $10.00 of Referral Rewards will automatically be applied to the applicable Referrer's subscription if that option is selected. Remaining Referral Rewards will be rolled over to subsequent months until they are depleted or the user deselects this option. Referral Rewards may also be redeemed on our website to make e-commerce purchases. In these cases, a maximum of $10.00 in Referral Rewards may be applied per order, and only apply for orders which subtotal to $35.00 or more before any discount or referral credit is applied. The maximum Qualified Referrals earned per calendar year by a Referrer may be no more than 100 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. Craft Vapery's Refer-a-Friend Program cannot be used by businesses for affiliate lead generation or other purposes, as determined in Craft Vapery's sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Craft Vapery's Refer-a-Friend Program.
- Right to Close Accounts. Craft Vapery reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Craft Vapery Refer-a-Friend Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation, in each case as determined by Craft Vapery in its sole discretion.
- Right to Cancel Program or Change Terms. Craft Vapery reserves the right to cancel the Refer-a-Friend Program or change these Terms & Conditions at any time in its sole discretion. Any unclaimed Referral Rewards will be forfeited at that time.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Craft Vapery's) rights.
You understand that Craft Vapery owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
For all User Submissions, you hereby grant Craft Vapery a license to translate, modify (for technical purposes) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Craft Vapery account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Craft Vapery the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Craft Vapery the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Craft Vapery the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Craft Vapery users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Craft Vapery's business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that Craft Vapery, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Any information or content posted or transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Craft Vapery has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Craft Vapery cannot and will not monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Craft Vapery shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Craft Vapery is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Craft Vapery, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We’re always working to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
Craft Vapery is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Craft Vapery has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so please keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimer. Craft Vapery does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES, INCLUDING PRODUCTS AND SERVICES PURCHASED OR OFFERED THROUGH THE SERVICES, AS WELL AS CONTENT, ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CRAFT VAPERY INC. BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CRAFT VAPERY INC. IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Craft Vapery, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Craft Vapery's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern District of California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Craft Vapery may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Craft Vapery agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Craft Vapery, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Craft Vapery in any respect whatsoever. You and Craft Vapery agree there are no third party beneficiaries intended under these Terms.