Niraj Patel is the CEO of Bidi Vapor and Kaival Brands. He also serves as Chief Financial Officer, President, Treasurer, and Director for both companies. Mr. Patel currently resides in Florida, United States.
Niraj has a Master’s in Chemistry from Florida Institute of Technology and holds a Six Sigma Black Belt Certification. He is a certified, skilled-risk management expert.
Driven and committed to innovate the vape industry, Raj uses modern technology, innovations, and responsible business practices. Together with his partners, they continue to build companies that are worthy of their vision of the future.
Raj grew up in and around the tobacco industry. His family has been in the business for almost 30 years. His father used to work for a tobacco processing company before starting a similar company of his own.
The Patel family business started by processing tobacco leaves to be sold to larger tobacco companies. They were used for beedi cigarette rolling and manufacturing. At present, the Patel family business remains to be a part of the processed tobacco leaves industry. In a way, Raj built Bidi Vapor as an innovation of their family business. Patel’s business legacy continues in Raj’s Bidi Vapor brand, pioneering innovation, research and technology in the vape industry.
Attended AISSMS College of Pharmacy in Pune, India
He received a Bachelor of Science Degree in Pharmacy in 2004. In 2005, Raj attended the Florida Institute of Technology and received his Master’s Degree in Chemistry.
Acquired a Six Sigma Black Belt Certification
He acquired a Six Sigma Black Belt Certification while finishing his studies at FIT. Raj is a certified skilled risk management expert. He can identify faulty business models and find creative solutions to remedy these situations.
On a trip to Las Vegas to attend a trade show, Raj witnessed a demonstration of CBD oil and was astounded by the results on a child with birth defects. He asked the exhibitors how much it costs and was surprised to discover that a liter cost $125,000.
Inspired by the prospect of starting a business in CBD products, he started working out feasibility studies. Having a background in chemistry and pharmacy, he studied the absorption rate of CBD. His studies revealed that CBD was only being absorbed at a rate of 5%, an expensive molecule that could potentially cause challenges for a business.
Despite the results of his studies, Raj and his family proceeded to establish a company that sold the CBD White Label product. It was received positively by the market and was bound for great success. In fact, each family member involved in the CBD White Label company earned tremendously, enough to invest and launch their own companies.
The Patel family business produced nicotine during this period but was not as successful as the CBD White Label. Reaching his bag of skills and experience, Raj sought to improve the nicotine products currently available in the market.
His approach involved improving existing technologies and creating efficient processes for a better user experience. This method proved to be an effective template for all of Raj’s endeavors further on in life.
On a trip to Las Vegas to attend a trade show, Raj witnessed a demonstration for CBD oil and was astounded by the results on a child with birth defects. He asked the exhibitors how much it costs and was surprised that a liter costs $125,000.
Inspired by the prospect of starting a business in CBD products, he started working out feasibility studies. Having a background in chemistry and pharmacy, he studied the absorption rate of CBD. He then found out that it was only being absorbed at a rate of 5%, and he thought it was an expensive molecule and would face challenges as a business.
Despite the apparent challenges, Raj and his family started a company that sold the CBD White Label product. The product was received positively, and they achieved great success. Each family member in that partnership earned enough to start their own business.
During this time, they were also producing nicotine, but it wasn’t as successful as the CBD White Label. Reaching in his bag of skills and experience with chemical compounds, Raj sought to improve nicotine products currently in the market.
His approach of improving existing technologies to make them more efficient and better for the user’s experience will prove an effective template for all of Raj’s endeavors further on in life.
With his family’s support, Raj started testing out different nicotine vape brands to find out how to improve these products. Observing his family alone revealed that although most of them enjoy vapes, they occasionally smoke cigarettes, seeking for the satisfaction they are used to experiencing with tobacco products.
Raj figured out that what was missing with these products was nicotine strength. However, increasing the nicotine level is not simple. It creates an unpleasant after-taste, compromising the whole vaping experience. High nicotine levels compromise the vape device flavor and make it too harsh.
He tried to develop a technique to balance it all out. Raj and his team discovered that heat plays a significant part in delivering a consistent vaping experience. They found a way to isolate the liquid by heating a small amount at a time and only when needed.
The team also developed a control system unique to the BIDI® Stick. This made it possible to consistently and automatically cut the vape device’s power once it senses that your lungs are full.
Another gap in the industry is the lack of the technology to measure puffs in vaping devices. The gap creates dissatisfaction among its adult users. Raj and his team installed a small computer chip to monitor air pressure, allowing each puff to be measured while delivering a consistent drag in every hit. This is another unique selling point of the BIDI® Stick.
Raj and his team took two years to develop and perfect Bidi Vapor’s premium product – the BIDI® Stick.
Raj and Bidi Vapor have always maintained their stand against youth access. This is evident in how the company conducts itself – still taking into consideration not to attract underage people. The company is committed to becoming a vape industry leader, pioneering technologies and policies to protect consumers.
Bidi Vapor’s mission is to produce high-quality products that can change a consumers’ way of life and serve as a beacon for the entire industry for positive change.
Our Priority
Our clear commitment to offering premium products to our consumers is at the heart of our company’s vision and mission, and our purpose is built around it. Prioritizing sustainability in our business has also helped the company’s growth and success. With this, we aim to leave a lasting, positive impression on the vaping industry. We will continue to hold ourselves to our high compliance standards and remain a leader in the ENDS industry because it is the right thing to do.
Our company prioritizes keeping ENDS products out of the hands of underage youth. Increased precautions add levels of protection that help prevent our products from reaching minors and protect adult consumers from potentially dangerous counterfeit products. As partners, Bidi Vapor and Kaival Brands spare no expense to go above and beyond the stringent regulatory requirements. However, the current state of limited enforcement makes being one of the few companies playing by the rules challenging. Our clear commitment to offering premium products to our consumers is at the heart of our company’s vision and mission, and our purpose is built around it. We have a robust process to ensure compliance with all PACT Act, licensing, tax, and regulatory matters. With this, we hope to build a positive legacy for future generations.
Compliance
We have a robust compliance process to ensure compliance with all PACT Act, licensing, tax, and regulatory matters. As part of our commitment to responsible compliance efforts, Bidi Vapor follows the U.S. Food and Drug Administration’s guidelines in promoting and manufacturing tobacco and nicotine products. We are committed to our responsibility in the vaping industry through the BIDI® Youth Access Prevention Measures. By complying with all state laws associated with the distribution of ENDS products, we are able to add levels of protection to help prevent minors from reaching Bidi Vapor products while ensuring that BIDI® Stick is marketed responsibly only to adult consumers.
Sustainability Agenda
It is the principal focus of our sustainability agenda to improve the way we do business, as well as emphasize the importance of addressing climate change and environmental management. I hope this publication will give you a better insight into the challenges we face and the progress we’ve made to attain our sustainability efforts. I firmly believe that with sustainability in our core values, we can commit to delivering a positive social impact and ensuring robust corporate governance.
Bidi Vapor stands firm against the access of the BIDI® Stick to minors. The sale of tobacco products to minors is prohibited by law.
Warning: This product contains nicotine. Nicotine is an addictive chemical.
California Proposition 65 Warning: This product can expose you to chemicals including formaldehyde, which is known to the State of California to cause cancer, and nicotine, which is known to the State of California to cause birth defects or other reproductive harm.
You may find more crucial warning information about the BIDI® Stick here.
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Thank you for reaching out to us. We apologize for any inconvenience this may have caused you. Please fill out all the required fields below to request a replacement for your defective unit.
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To ensure that the BIDI® Sticks remain unappealing to the youth, we have changed our flavor names and packaging.
What’s changed?
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This website is operated by Bidi Vapor, LLC (“Bidi,” “we,” “us,” or “our”). This Privacy Policy describes the information we collect from or about you when you access or use the Bidi website or mobile app where this Privacy Policy is posted (each, a “Service”), and how we use, share, and store the information we collect. We may supplement this Privacy Policy with additional provisions that pertain to a specific Service or a group of data subjects (in such case this Privacy Policy and the supplementary provisions will be binding jointly and in case of any discrepancy between this Privacy Policy and the additional provisions, such provisions shall prevail).
By accessing and using the Service, you agree that you have read this Privacy Policy, and you understand and agree with our collection, storage, use, disclosure and other forms of processing of your personal information as described in this Privacy Policy and the Terms and Conditions (“Terms”).
We reserve the right to update this Privacy Policy at any time, so you should review this page each time you visit. If we update the Privacy Policy we will, at a minimum, post the updated Privacy Policy here. Your use of the Service and provision of personal information after we publish any changes constitutes your agreement to such changes.
You can review specific sections of this Privacy Policy by clicking on the section headings below.
We collect information that identifies you personally (referred to herein as “personal information”), and we may collect other information, from and about you when you access and use the Service. We collect information that you voluntarily provide, we collect certain information automatically, and we may receive personal information about you from third parties. The categories of information we may collect include the following:
Contact Information, such as an individual’s name, mailing address, email address, and telephone number.
Demographic Information, such as your date of birth, interests, tastes, and preferences
Location Information collected automatically from your device when you access and use the Service, and location information you provide when you use a store locator feature.
Other Information you provide, such as photos, videos, and other content and information you post through the Service or provide through communications with us.
Information Collected Automatically when you access and use the Service, such as your Internet Protocol (IP) address, device information, browser type, operating system type and version, referring domain, log files, the pages, content or features you visit or use, and the time and duration of your visits. For more information about how we and our analytics partners use cookies and other technologies to collect information when you access and use the Services, see the Use of Cookies and Other Technologies section below.
We do not collect personal information about you from commercially available sources at this point. We will inform you if we decide to collect information from such sources by updating this Privacy Policy accordingly.
We may use the information we collect from and about you to:
We also use your information as permitted or required by law. We may combine any of the information we collect from or about you and use it in the manner described in this Privacy Policy. In addition, we may create identified or anonymous data and/or aggregated data that does not reasonably identify you, which we may use and disclose for any purposes.
We may share your personal information with the following categories of third parties and service providers or allow them to collect personal information from you:
Third parties if we reasonably believe that such action is necessary to: comply with the law and the reasonable requests of law enforcement; enforce our Terms or protect the security or integrity of our Service; exercise, investigate, or protect our rights, property, or personal safety, and the rights, property, or personal safety of our customers, users, or others; protect against potential liability; establish or exercise our rights to defend against legal claims; or investigate, prevent, or take action regarding underage use or purchase of our products, illegal activities, suspected fraud and/or counterfeit products, or as evidence in litigation in which we are involved.
We and our analytics and advertising providers use cookies and other technologies to collect information about your use of the Service. Cookies are small bits of information that are transferred to and stored in separate files within your computer’s browser.
We and our analytics and advertising providers generally use the following types of cookies and other technologies. Please note that providers and their practices may change, so this list may not always be accurate or complete. In addition, not all of the technologies described below may be used with all of the Services.
Advertising. These cookies are set by our advertising partners and are used to track users across websites and display ads that are relevant and engaging for the user.
Ways to update your preferences and disable cookies
By accessing our websites, you have the option of giving your consent to the use of cookies other than Strictly Necessary cookies. You can access our cookie preference tool for this website and update your preferences regarding the use of cookies here. As noted above, different Services may use different types of cookies, so you should access the cookie preference tool for each Bidi website you visit for more information.
In addition, you can still disable cookies in your web browser. In order to facilitate the way of managing cookies, below are links to some pages dedicated to specific browsers:
Users can also set their browsers in a way so that they have to accept cookies each time. Then, the browser will ask the user for permission each time before granting access to the cookie. This gives the user control over what is stored on the user’s device, however, it has the disadvantage that it slows down the ability to navigate the Service.
If you access the Service from a different device, login under a different name, or change web browsers, you will need to opt out again.
As explained above, third-party advertising providers may use cookies and other technologies to collect personal information about an individual user’s online activities over time and across different Internet services when an individual uses our Services. We may allow third parties to use such technologies to display advertisements for our products and services on the Services and other sites you visit and to track visitor behavior on our Services and other websites.
The Services may use Facebook Custom Audiences to deliver interest-based advertisements to you on Facebook. This tool enables us to convert your email address to a unique number that Facebook uses to match to unique numbers Facebook generates from email addresses of its users. These cookies, and the information collected, are used to help Facebook deliver advertising on our behalf to users of our Services when they are on Facebook or another platform powered by Facebook Advertising and to track advertising success. More information, including how Facebook users can opt-out of the use of their information for interest-based advertising, is available at About Facebook Ads and Facebook Privacy Policy.
The Services may deliver advertising using the vendor DoubleClick , a Google company. You can read about how DoubleClick uses cookies, use Google’s controls for blocking certain ads, or use Google’s Ad Settings Page to control how DoubleClick personalizes your ad experience.
The Services may also use Google Analytics to track your use of the Services] . You can use this browser add-on provided by Google to opt-out of such tracking.
You can also opt out of the use of your personal information for interest-based advertising in the following ways:
● Use privacy browsers or ad-blocking browser plug-ins that let you block advertising trackers.
If you have created an account with the Service, you can update or delete certain Account Information by logging in to your account. You can also unsubscribe from marketing email messages at any time using the unsubscribe mechanism provided in an email. Please note, however, that if you opt-out of marketing email messages you may continue to receive non-commercial communications that we are entitled to send. If you are a resident of California or Nevada or a resident of the European Economic Area (“EEA”), you have additional privacy rights, as described below.
We transfer your personal information to our servers in the United States, and we may transfer personal information to other countries. The data protection laws of some countries, such as the United States, may not offer a level of privacy protection equivalent to that within the European Economic Area or your home country. By using the Service, you consent to the transfer of your personal information to such other countries.
Our Service may contain links to websites operated by third parties. This Privacy Policy does not apply to these third-party websites or services. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms, and we do not accept any responsibility or liability for their policies. You should review the privacy policy and terms of any third-party website you access through our Service.
We strive to implement commercially reasonable administrative, physical, and technical security measures to protect your personal information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot guarantee or warrant the absolute security of your personal information.
If you have any questions about this Privacy Policy, please contact us at privacy@bidivapor.com.
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Important Product Notices
NOT FOR SALE TO INDIVIDUALS UNDER 21. THE PRODUCTS ARE INTENDED FOR PURCHASE AND USE BY INDIVIDUALS OF 21 YEARS OF AGE OR OLDER. IF WE HAVE REASON TO BELIEVE THAT YOU ARE UNDER 21, OR REASON TO BELIEVE THAT YOU ARE PURCHASING THE PRODUCTS FOR THE USE OF AN INDIVIDUAL (OR INDIVIDUALS) UNDER 21, WE RESERVE THE RIGHT TO TAKE ADVANTAGE OF ANY OTHER REMEDY AVAILABLE TO US AT LAW OR EQUITY.
NO FDA APPROVAL. THE PRODUCTS HAVE NOT BEEN APPROVED BY THE FDA FOR THE TREATMENT OF ANY HEALTH CONDITION, NOR DOES KAIVAL BELIEVE OR SUPPORT THE PROPOSITION THAT THE PRODUCTS MAY BE USED FOR ANY HEALTH BENEFIT. YOU SHOULD CONSULT WITH YOUR DOCTOR BEFORE PURCHASING OR USING ANY OF THE PRODUCTS.
CALIFORNIA PROPOSITION 65 WARNING. THE PRODUCTS ON THE SITE CONTAIN NICOTINE, A DANGEROUS CHEMICAL KNOWN TO THE STATE OF CALIFORNIA TO CAUSE BIRTH DEFECTS AND/OR OTHER REPRODUCTIVE AND DEVELOPMENTAL HARM. SEE HTTPS://OEHHA.CA.GOV/PROPOSITION-65/PROPOSITION-65-LIST/ FOR A FULL LIST OF CHEMICALS SUBJECT TO PROPOSITION 65 WARNINGS.
NOT A SMOKING CESSATION AID. IN THE EVENT YOU ARE HAVING TROUBLE QUITTING SMOKING, YOU SHOULD CONSULT WITH YOUR DOCTOR. NONE OF THE PRODUCTS ARE INTENDED FOR USE AS A SMOKING CESSATION AID, AND MANY INDIVIDUALS WHO USE VAPOR PRODUCTS TO QUIT SMOKING (OR QUIT USING OTHER TOBACCO PRODUCTS) END UP SWITCHING BACK TO TOBACCO PRODUCTS.
NICOTINE IS A DANGEROUS CHEMICAL. IF YOU ARE EXPERIENCING ANY OF THE SYMPTOMS OF NICOTINE POISONING (SEE HTTPS://WWW.WEBMD.COM/SMOKING-CESSATION/NICOTINE-POISONING-CAN-YOU-OVERDOSE#1), YOU SHOULD CALL 911 IMMEDIATELY, OR THE UNITED STATES POISON CONTROL CENTER (1-800-222-1222). NICOTINE IS A DANGEROUS CHEMICAL THAT SHOULD NOT COME INTO CONTACT WITH YOUR SKIN. IN THE EVENT YOU DO SPILL NICOTINE LIQUID ON YOUR SKIN, THE NATIONAL INSTITUTES OF HEALTH RECOMMEND THAT YOU WASH THE AFFECTED AREA FOR 15 MINUTES WITH SOAP AND WATER.
General Terms and Conditions
These General Terms and Conditions (this “Agreement”) are by and between you (“you”) and Kaival Brands Innovations Group, Inc., a Delaware corporation (“Kaival”, “we”, or “us”).
Your understanding and acceptance of this Agreement is a condition required for your use of the Kaival Site and Service, and is binding on you. This Agreement may be modified from time to time by us, and will be binding when posted on the Site. You will receive reasonable notice of any material changes to this Agreement, and will be given an opportunity to read and agree to such material changes.
This Agreement includes and integrates all other terms and conditions that Kaival may post to the Site from time to time, including but not limited to the Product Notices stated above, and the Kaival Privacy Policy https://bidivapor.com/privacy-policy/.
Additional definitions applicable to this Agreement are at the end of this Agreement.
Scope of Agreement
Though you may be affiliated with a business entity, a User (and a Registered User) is by definition an individual, and as such, you shall be personally liable to Kaival for any breach of this Agreement.
In the event your associated entity is approved to purchase and/or sell Kaival products (the “Products”), the terms of such purchase and sale shall be governed by our General Terms and Conditions of Sale, a form of which can be found through this https://bidivapor.com/terms-and-conditions/, or the Sub-Distribution Agreement executed by your associated business entity and Kaival.
Registration
A Kaival account (“Account”) may only be created by Users approved for registration in Kaival’s sole discretion (a “Registered User). In order to verify that you are a valid User and/or that you are eligible for registration on the Site, we may collect certain personal and business information from you (the collection, use, and storage of which is governed by our Privacy Policy), and you hereby agree to present such personal and business information honestly.
Password, User Information, and Security
You hereby agree to maintain the security of your password and all other information assigned to you for the purpose of verifying the integrity of the Site. You are responsible for maintaining the confidentiality all passwords and unique identifiers, and are fully responsible for all activities that occur under your password or user name. You agree promptly to notify Kaival of any unauthorized use of your password or account or any other breach of security. Kaival cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
General Authorization: Collection and Disclosure of Information
By accepting this Agreement, you authorize Kaival to collect, store, and transmit to other Users information that you may provide to Kaival from time to time, in accordance with the Kaival Privacy Policy.
Responsibility for Minors and Individuals under 21
In the event that your minor child (or your child under 21) accesses the Site in violation of these Terms, you recognize that you are fully responsible for: (i) the online conduct of your child; (ii) controlling your child’s access to and use of the Services; and (iii) the consequences of any use or misuse of the Services by your child.
Kaival shall not be responsible for monitoring your minor child’s use of the Site, nor shall we be responsible for Products on the Site that are, in your opinion, inappropriate for your child’s use. Kaival shall have no liability for damages on account of your child’s use of the Site.
Payment Processing and Refunds
Authorize.net, a subsidiary of Visa Inc. (the “Processor”), is Kaival’s payment processor. Processor will collect your credit card information and store it on file for use in authentication and for the purpose of processing your payments to Kaival. Kaival does not see, store, or process your credit card, bank account, or payment information, and shall not be liable for the safe keeping thereof.
In addition to the terms herein, payment processing through the Site is subject to the Processor’s standard terms and conditions, which may be modified in the Processor’s sole discretion: https://www.authorize.net/about-us/terms.html
In the event an order is cancelled, Kaival will refund payments to Users (or retain payments) in its sole discretion. Any refund may be net of Kaival’s fees to the Processor.
Kaival is not responsible for any act or omission of its payment processor or any other third party. Kaival makes no representation or warranty as to the adequacy or performance of the Processor or any other third party.
Security and User Authentication
You agree to provide Kaival with sufficient information about you personally to allow Kaival to maintain the security of the Site; and you agree to participate in any and all security verification steps that Kaival may require.
Kaival makes commercially reasonable efforts to ensure that the Products are not sold to individuals under 21 years of age. Kaival may choose (at Kaival’s own expense) to offer its Users the ability to prove their age through a third-party service, or Kaival may choose to offer no such third-party services. Kaival does not perform authentication of Users in-house, makes no representation or warranty as to the efficacy or sufficiency of the authentication mechanisms offered through the Site, and shall not be responsible for the accuracy of any authentication service. Kaival is entitled to rely on the results generated by the authentication service of its choosing.
Product Listings
Kaival may post, modify or cancel Listings in its sole discretion. If you have a complaint about a listing, please notify us via email at support@bidivapor.com. Please put “COMPLAINT” in the subject line.
Product Purchases; Disclaimer of Warranties and Limitation of Liability Regarding the Products
Purchases of Products through the Site are subject to the following conditions:
Authorization to Contact You For Administrative Matters
You hereby authorize us to contact you, at the email address(es) and telephone number(s) you provide, regarding the following issues:
We will not share your contact information with any third party, except for the purpose of debt collection regarding any fees owed to us under this or any other agreement between you and Kaival.
User Conduct
The Site and Service may only be used for the intended purpose for which this Site and Service are being made available. The intended purpose of Site and Service is to provide information about the Products and an online marketplace for the Products.
You agree not to:
Termination
Your Account may be terminated, and any pending payments forfeited if we believe misuse or abuse of the Site or Service has occurred, or any of the terms of use of the Site have been violated. Notwithstanding such termination, we reserve the right to take legal action against you for any contravention of this or any other agreement between you and Kaival.
Intellectual Property
Any and all intellectual property rights, including all patents, trademarks, works of authorship, trade names, trade secrets, and any and all related rights, pertaining to the Products, the Site, and the Services (“Kaival IP”) are the sole and exclusive property of Kaival. No license or transfer of the Kaival IP is effected by this Agreement, the operation of the Site or Services, or otherwise absent Kaival’s express written consent.
Use of any trademark, service mark, or name of Kaival for commercial purposes is forbidden without written consent.
You agree that you shall not:
Disclaimer of Warranties and Limitation of Liability Regarding the Site and Services
We work hard to keep our Site and Services functioning properly, but we cannot guarantee the availability or sufficiency of our Site or Services. The Services may be subject to interruptions, errors, or delays outside of our control.
You hereby agree that you are making use of the Site and Services at your own risk, and that they are being provided to you on an “AS-IS” and “AS AVAILABLE” basis. To the extent permitted by applicable law, we hereby disclaim all express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no representation or warranty that the Site or Services will be suitable for use by any person or organization.
In addition, neither we nor our affiliates, officers, directors, agents, employees, or assigns shall be liable for:
Notwithstanding the foregoing, if we are found to be liable for damages to you under any theory of liability, our liability to you or any third party shall be limited to the greater of (1) your payments to us in the twelve (12) months preceding the filing of the claim at issue and (2) $100.
General Release
If you have a dispute with one or more Users or third parties, you release us (and our affiliates, officers, directors, agents, employees, and assigns) from any and all claims, demand, or damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections, statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
General Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KAIVAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON THE SITE AND/OR SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST KAIVAL ARISING FROM OR IN CONNECTION WITH YOUR OR YOUR CHILD’S USE OF THE SITE OR SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, KAIVAL, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR OR YOUR CHILD’S USE OF THE SITE OR SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
Legal Disputes
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND KAIVAL WILL BE RESOLVED.
You and Kaival agree that any claim arising from this Agreement, any other agreement between you and Kaival, or your use of the Site or Services will be resolved in accordance with this Section.
Applicable Law: You agree that any claim or dispute arising between you and Kaival shall be governed by the laws of the State of Florida, without reference to the conflict of laws principles of the State of Florida.
Agreement to Arbitrate: You and Kaival agree that any claim or dispute arising between you and Kaival regarding this Agreement, any other agreement between you and Kaival, or your use of the Site or Services shall be resolved through final and binding arbitration, rather than in court. The Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and Kaival agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Kaival agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by such party’s individual claim. No relief awarded may affect other Users.
Arbitration Procedures
An arbitrator shall apply the terms of this Agreement and any other agreement between you and Kaival as a court would. A court of competent jurisdiction shall decide the issue of arbitrability, if applicable.
The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, as modified by this Agreement, including AAA’s Supplementary Procedures for Consumer Related Disputes.
A party seeking arbitration must first send to the other, by certified mail, a completed Notice of Dispute. Notices of Dispute against Kaival must be sent to: Kaival Inc., 401 N WICKHAM RD – STE 130, MELBOURNE, FLORIDA, 32935
The forum of arbitration shall be Orlando, Florida.
If a dispute cannot be resolved within 30 days after a notice is sent, either party may initiate arbitration proceedings. Arbitration forms may be found on the AAA’s website at: www.adr.org. The initiating party must send the initiation form certified mail to the other party.
The arbitrator shall decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but shall be bound by the principles of claim preclusion and issue preclusion.
Severability; Judicial Forum
In the event an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
In the event an arbitrator or court finds this Agreement to Arbitrate unenforceable such that your case will not be tried by an arbitrator, you agree that all claims brought against Kaival shall be brought in the Federal District Court for the Middle District of Florida (or if no subject matter jurisdiction is found, in the state courts located in Orlando, Florida); and you hereby submit to the personal and subject matter jurisdiction of such court.
General Provisions
Kaival is located at 401 N WICKHAM RD – STE 130, MELBOURNE, FLORIDA, 32935.
Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Agreement, by providing notice of such assignment.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this Agreement at any time by posting the amended terms on www.bidivapor.com. Our right to amend this Agreement includes the right to modify, add to, or remove terms in the Agreement. We will provide you 30-day notice by posting the amended terms. Additionally, we will notify you through your Account. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Agreement through an electronic click-through. This Agreement may not otherwise be amended except through mutual agreement by you and a Kaival representative who intends to amend this Agreement and is duly authorized to agree to such an amendment.
The policies posted on our Sites may be changed from time to time. Changes take effect when we post them on the Kaival Site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
This Agreement, the Privacy Policy, and all polices set forth the entire understanding and agreement between you and Kaival and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties (for Products and the Site and Services); Limitation of Liability (for Products and the Site and Services); Indemnity, and Legal Disputes.
Definitions
“Account” is an account on the Site.
“Content” means information, text, music, sound, photographs, pictures, graphics, video, messages, files, or other materials.
“Fee” means the money paid through, or to, Kaival or any third party, in exchange for the Services, the provision of a Class or Classes, or any other service (i.e. payment processing).
“Listing” means a web page or advertisement for a Product.
“Party” or “party” means you or Kaival.
“Profile” means a web page customized by a User, which page may include, without limitation the User’s User Name, contact information, and preferences.
“Service” means the maintenance of an informational site, online marketplace and all associated services and activities, as may be modified at any time in the sole discretion of Kaival.
“Site” means “Bidivapor.com” and/or its affiliated websites, mobile apps, web apps and other means established by Kaival for accessing the Service.
“User” means an individual who has access to the Site.
“User Name” means an alias created for use on the Site.
Thank you for reaching out to us. We apologize for any inconvenience this may have caused you. Please fill out all the required fields below to request a replacement for your defective unit.
