Terms of service

OVERVIEW
Welcome to VaporDNA! The terms “we”, “us” and “our” refer to VaporDNA. VaporDNA operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). VaporDNA is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. VaporDNA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until VaporDNA confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as VaporDNA may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. VaporDNA may, at its option, combine two or more separate orders into a single shipment for purpose of efficiency. By placing multiple orders, the Customer accepts that all shipping charges are irrevocable and non-refundable, and the Customer explicitly waives any right or claim to a refund or credit for seperate shipping fees paid on orders that are subsequently consolidated. 

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by VaporDNA, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of VaporDNA, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by VaporDNA.
VaporDNA’s names, logos, product and service names, designs, and slogans are trademarks of VaporDNA or its affiliates or licensors. You must not use such trademarks without the prior written permission of VaporDNA. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
VaporDNA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with VaporDNA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and VaporDNA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with VaporDNA.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm VaporDNA, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY VaporDNA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL VaporDNA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless VaporDNA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where VaporDNA is headquartered. You and VaporDNA consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at team@vapordna.com.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. USING THIS WEBSITE AND CLICKING ON THE "AGREE" BOX WHEN YOU PLACE YOUR ORDERS REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE.

 

State Regulations:  

Some states have specific laws regarding the sale and shipment of our products. If you do not see your state in the drop-down menu when placing your order, that means we have currently stopped shipping to your state pending review of your state's regulations. 

See our full compliance page HERE

 

The Sale of Electronic Cigarette and Electronic Cigarette related products
VaporDNA and any and all of VaporDNA's parent and subsidiary companies do not sell Electronic Cigarette and/or Electronic Cigarette related products to persons under the legal smoking age for the state in which you reside. By using this site you are representing that you are over the legal smoking age for the state in which you reside. VaporDNA and any and all of VaporDNA's parent and subsidiary companies make every effort to ensure that Electronic Cigarette and Electronic Cigarette related products are not delivered to anyone who is under the legal smoking age for the state in which you reside. By using this site you are representing that the person receiving a shipment of Electronic Cigarette and/or Electronic Cigarette related products from VaporDNA and any and all of VaporDNA's parent and subsidiary companies is over the legal smoking age for the state in which you reside. You also agree that any Electronic Cigarette and/or Electronic Cigarette related products purchased from VaporDNA and any and all of VaporDNA's parent and subsidiary companies is/are intended for personal use and not for resale. If you do not agree with these terms and conditions, please do not use this site or accept these conditions.

Your www.VaporDNA.com Account
if you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VaporDNA and any and all of VaporDNA's parent and subsidiary companies only sell to smoking adults of legal smoking age, who own and can purchase with a credit card. If you are under the legal smoking age, www.VaporDNA.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately. Please note that only one coupon code of any nature may be applied per order. We reserve the right to modify and alter errors after the fact.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of VaporDNA and any and all of VaporDNA's parent and subsidiary companies. The collective work includes works that are licensed to VaporDNA and any and all of VaporDNA's parent and subsidiary companies. Copyright 2013-2015, VaporDNA ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with VaporDNA or purchasing VaporDNA products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with VaporDNA or to purchase VaporDNA products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by VaporDNA. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of VaporDNA and any and all of VaporDNA's parent and subsidiary companies used in the site are trademarks or registered trademarks of VaporDNA and any and all of VaporDNA's parent and subsidiary companies.

Electronic Communications
Anytime you send VaporDNA and any and all of VaporDNA's parent and subsidiary companies an email, or log in on to our website at www.VaporDNA.com, you are communicating with us in an electronic format. This gives VaporDNA and any and all of VaporDNA's parent and subsidiary companies the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by VaporDNA and any and all of VaporDNA's parent and subsidiary companies satisfies all legal notification requirements.

Compliance with Applicable Laws
Export Control Laws: Visitor or user access to www.VaporDNA.com is governed by all applicable federal, state, and local laws. All information available on www.VaporDNA.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

License and Site Access
VaporDNA and any and all of VaporDNA's parent and subsidiary companies grant you a limited licence to access and make personal use only of the www.VaporDNA.com Site. Such grant does not include, without limitation:

(a) any resale or commercial use of the Site or content therein, or download or modify any portion of the Site, except through page storing;

(b) the collection and use of any product listings, pricing, or descriptions;

(c) making derivative uses of the Site and its contents; or

(d) any copying or downloading of information for benefit of a third party;

Any unauthorized use will immediately terminate your permission to use this Site. You may not use any VaporDNA and any and all of VaporDNA's parent and subsidiary companies text, graphics, photos, logos, button icons, images, audio clips, digital downloads or data compilations without the express written permission of VaporDNA.

Your www.VaporDNA.com Account
if you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. VaporDNA and any and all of VaporDNA's parent and subsidiary companies only sell to smoking adults of legal smoking age, who own and can purchase with a credit card. If you are under the legal smoking age, www.VaporDNA.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, VaporDNA and any and all of VaporDNA's parent and subsidiary companies disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. VaporDNA and any and all of VaporDNA's parent and subsidiary companies do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. VaporDNA and any and all of VaporDNA's parent and subsidiary companies do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Risk of Loss
All items purchased from www.VaporDNA.com or from VaporDNA and any and all of VaporDNA's parent and subsidiary companies or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Disclaimer of Warranties and Limitation of Liability
VaporDNA and any and all of VaporDNA's parent and subsidiary companies products, this Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by www.VaporDNA.com or its affiliates on an "as is" basis, unless otherwise specified in writing. www.VaporDNA.com and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of VaporDNA and any and all of VaporDNA's parent and subsidiary companies products as well as any third party products or this Site is at your sole risk.

To the full extent permission by applicable law, VaporDNA and any and all of VaporDNA's parent and subsidiary companies and www.VaporDNA.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. VaporDNA and any and all of VaporDNA's parent and subsidiary companies and www.VaporDNA.com and its affiliates do not warrant that VaporDNA and any and all of VaporDNA's parent and subsidiary companies products; this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their; or email sent from www.VaporDNA.com are free of defects viruses or other harmful components. Neither VaporDNA and any and all of VaporDNA's parent and subsidiary companies nor www.VaporDNA.com and its affiliates will not be liable for any damages of any kind arising from the use of VaporDNA and any and all of VaporDNA's parent and subsidiary companies products, this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

VaporDNA and any and all of VaporDNA's parent and subsidiary companies reserve the right to change any and all content contained on this Site at any time without notice.

Typographical Errors
In the event that a VaporDNA and any and all of VaporDNA's parent and subsidiary companies product is mistakenly listed at an incorrect price, VaporDNA and any and all of VaporDNA's parent and subsidiary companies reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. VaporDNA and any and all of VaporDNA's parent and subsidiary companies reserve 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 cancelled, VaporDNA and any and all of VaporDNA's parent and subsidiary companies shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by VaporDNA and any and all of VaporDNA's parent and subsidiary companies without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
VaporDNA and any and all of VaporDNA's parent and subsidiary companies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to VaporDNA and any and all of VaporDNA's parent and subsidiary companies.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of VaporDNA and any and all of VaporDNA's parent and subsidiary companies products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of VaporDNA and any and all of VaporDNA's parent and subsidiary companies products) must be commenced within one (1) year after the claim or cause of action arises. VaporDNA and any and all of VaporDNA's parent and subsidiary companies's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. VaporDNA and any and all of VaporDNA's parent and subsidiary companies may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a VaporDNA and any and all of VaporDNA's parent and subsidiary companies or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
VaporDNA and any and all of VaporDNA's parent and subsidiary companies does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, VaporDNA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, VaporDNA and any and all of VaporDNA's parent and subsidiary companies reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to VaporDNA and any and all of VaporDNA's parent and subsidiary companies in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless VaporDNA and any and all of VaporDNA's parent and subsidiary companies, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, VaporDNA and any and all of VaporDNA's parent and subsidiary companies may link to sites operated by third parties. However, even if the third party is affiliated with VaporDNA and any and all of VaporDNA's parent and subsidiary companies, VaporDNA and any and all of VaporDNA's parent and subsidiary companies has no control over these linked sites, all of which have separate privacy and data collection practices, independent of VaporDNA and any and all of VaporDNA's parent and subsidiary companies. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, VaporDNA and any and all of VaporDNA's parent and subsidiary companies seek to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Disclaimer
These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will VaporDNA and any and all of VaporDNA's parent and subsidiary companies be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site. Our products are intended for ADULTS only. Our products are not to be used by anyone under the legal smoking age of the state they reside in. Other Groups that should consult a physician before use Included (but are not limited to): Those who suffer from heart disease or high blood pressure. Pregnant, nursing, or those thinking of becoming pregnant. Those allergic to nicotine or other PG based products.

Battery Warning
CAUTION: There is an inherent risk with the use of any and all rechargeable batteries in any circumstance. Use special caution when working with Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells, as they are very sensitive to charging characteristics and may explode or burn if mishandled. Make sure the user has enough knowledge of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells in charging, discharging, assembly and storage before use. Always charge in/on a fire-proof surface. Never leave charging batteries unattended. Do not use any rechargeable battery as well as any battery charger if any visible damage is present, as well as if the cell or charger has been stressed through mishandling, accidental or otherwise, even if damage may not be visible. Always store and transport rechargeable cells in a safe, non-conductive container in a controlled environment. Dispose of all battery cells and chargers in accordance to local laws and mandates. Do not use chargers purchased outside of VaporDNA.com. Doing so may cause damage to the battery and malfunctions which can cause serious injuries. We are not responsible for damage of any modification to the batteries in form or shape. We are not responsible for any damage caused by misuse or mishandling of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells.

Learn more about proper storage and care for rechargeable batteries here:
http://batteryuniversity.com/

IMPORTANT BATTERY SAFETY NOTICE
Stay Safe And Be Aware Of The Chances Of Lithium Battery Fires!

WARNING: Lithium Polymer batteries (LiPo or Li-Po) and Lithium Ion batteries (Li-Ion) have a very high energy density (A-Hrs. to weight ratio) compared to NiMH, NiCd's, or other batteries. That high energy density means that there's is also an increased risk when using them. Because of this, we at VaporDNA and any and all of VaporDNA's parent and subsidiary companies recommend extreme caution in their use, and are informing you of the risks that come with using these types of batteries.

The main risk is FIRE or EXPLOSION which can result from improper charging, physical damage, or short circuiting the LiPo, Li-Ion and all rechargeable batteries. We must stress that all lithium and all rechargeable batteries be used with extreme caution and attention in order to prevent any dangerous situations. Houses, garages, and shops have also burned as the result of a lithium battery fire! Due to the close proximity of rechargeable batteries to the user as per the nature of usage, these risks are increased and may result in great physical harm!

For devices that require the use of two or more batteries to operate, batteries must be matched in brand, model and battery state at all times. Discharge and recharge batteries within the same grouping. Failure to do so may result in malfunction, battery failure, and injury.

Hybrid and mechanical devices are inherently dangerous and pose danger during use, storage, and assembly. Improperly storing, assembling, and using hybrid and/or mechanical devices may result in catastrophic battery failure, injury, and/or death. Exercise extreme caution in the use and handling of these devices at all times.

This product and any product sold under or in conjunction with www.VaporDNA.com is not a toy. NEVER leave any product unattended, as the risk of potential harm is much greater. Must be at least 18 years of age or of legal age pertaining to your state and/or jurisdiction to purchase electronic cigarette products from this web site. Falsifying your age for the purpose of purchasing products from this web site is strictly illegal and is punishable by law. Purchasing items on behalf of a minor is prohibited and punishable by law. We reserve the right to ask for identification upon our discretion. By shopping our store, you are confirming you are of legal age to purchase these products. We reserve the right to deny any order if we think it is placed by a minor. Providing a false declaration under penalties of perjury is a criminal offense.

THE FOLLOWING METHODS ARE RECOMMENDED WHEN CHARGING AND USING LITHIUM BATTERIES:
1. ALWAYS store and charge lithium batteries in a fireproof or "LiPo safe" container. You should never store, if possible, your rechargeable batteries inside the device if not intended.

2. ALWAYS charge in a protected area that is away from any flammable (combustible) materials. Always monitor the charging process; NEVER leave the charging process unattended at any time.

3. ALWAYS use chargers SPECIFICALLY DESIGNED to charge lithium batteries, at settings that match your battery. Many documented lithium fires have occurred due to improperly set chargers that feature user-selectable/adjustable settings. Never attempt to charge lithium cells with a charger which is not specifically designed for charging lithium cells.

4. ALWAYS use a charging system that monitors and controls the charge state of each individual cell (a.k.a. balanced charging). Charging with a balancer is a safer method, because unbalanced cells can lead to disaster if a single cell is overcharged. If any battery show any sign of swelling during the charging process, discontinue the charging IMMEDIATELY and move the battery to a safe place outside as they could erupt into flames.

5. NEVER PLUG IN A LITHIUM BATTERY AND LEAVE IT TO CHARGE UNATTENDED! This is a highly dangerous situation, and many serious fires have resulted from this practice!

6. NEVER continue to use, reuse, or attempt to charge a physically-damaged lithium battery. If ever your lithium battery gets damaged while in use (ex: drops, dings, overheating etc.) you must carefully remove the battery and place it in a safe place for at least a half hour to observe. Physically damaged lithium battery cells could spontaneously erupt into a fire!

7. NEVER disassemble or attempt to make your own battery combinations from individual lithium cells. This includes specifically "stacking" batteries.

Lithium Battery Liability Disclaimer and Warranty

VaporDNA and any and all of VaporDNA's parent and subsidiary companies assumes no liability for the use or misuse of this product or damages incurred to person or property by the use or misuse of chargers, batteries, atomizers, or other electronics that are used in conjunction with these products. Due to the nature of the use and misuse of these products, VaporDNA and any and all of VaporDNA's parent and subsidiary companies only warranties that this product meets all factory specs at the time of purchase. No other warranty is implied.

VaporDNA and any and all of VaporDNA's parent and subsidiary companies, www.VaporDNA.com the point of purchase, and any dealer/distributor will assume no responsibility for any damages or injuries to property or person that may occur. By purchasing any of these items, the consumer/buyer/user assumes all liability and takes full responsibility for usage and the results of these items. Because we cannot control the way lithium batteries will be used, charged, discharged or stored after purchase, VaporDNA and any and all of VaporDNA's parent and subsidiary companies offer no warranty on lithium batteries and any other rechargeable batteries, separate or contained within the device, other than the battery working correctly upon first charge. Lithium battery swelling, lithium batteries damaged through usage, and/or short-circuited batteries will not be covered under warranty. Use lithium and rechargeable batteries and devices containing lithium rechargeable devices at your own risk. These products contain a chemical known to the state of California to cause cancer and birth defects or other reproductive harm.

Consumable Product Disclaimer
Products sold on this site may contain nicotine which is a highly addictive substance. CALIFORNIA PROPOSITION 65 - Warning: This product contains nicotine, a chemical knowns to the state of California to cause birth defects or other reproductive harm. Products sold on this site is intended for adult smokers. You must be of legal smoking age in your territory to purchase products. Please consult your physician before use. E-Juice on our site may contain Propylene Glycol and/or Vegetable Glycerin, Nicotine and Flavorings. Our products may be poisonous if orally ingested. Products sold by VaporDNA are not smoking cessation products and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. For their protection, please keep out of reach of children and pets. USE ALL PRODUCTS ON THIS SITE AT YOUR OWN RISK!

Product Image Disclaimer
Product images are for illustration purposes only. Actual product colors may vary depending on screen resolution and lighting.

Price Adjustment Disclaimer
VaporDNA will honor price adjustment within 14 days from the date of purchase with proof of purchase. Holiday specials, promotional sales, and clearance sales may be exempt. Price adjustment will be issued via store credit.

 

DISPUTE RESOLUTION AND FORUM SELECTION:

All disputes arising from these Terms shall be governed by the laws of the State of Nevada.
(a) Exclusive Venue: You agree that any legal action brought by you against the Company shall be filed exclusively in the state or federal courts located in Clark County, Nevada.

(b) Company’s Option to Arbitrate: At the Company’s sole election, any dispute or claim may be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Las Vegas, Nevada, rather than in court. If the Company elects arbitration, you waive any right to a jury trial.

(c) Class Action Waiver:
 Regardless of the forum (Court or Arbitration), you agree to resolve disputes with the Company on an individual basis only, and you waive any right to pursue a class action or collective proceeding.
 
 
BATTERY SAFETY & LIABILITY WAIVER

A. Lithium-Ion Warning: Vaping devices utilize Lithium-ion batteries, which are volatile and may explode or catch fire if misused. By purchasing, you assume all risks associated with the use of these batteries.
B. Proper Use: You agree to use only manufacturer-approved chargers, never leave batteries charging unattended, and immediately discontinue use of any battery that is damaged, peeling, or abnormally hot.
C. Limitation of Liability: To the maximum extent permitted by law, the Company is not liable for any injury, property damage, or death resulting from the misuse, modification, or improper storage of batteries or hardware purchased through the Services.


EXCISE TAXES & RESALE CERTIFICATES

A. Resale Warranty:
 You warrant that you hold all necessary local and state licenses to sell vapor products.
C. Tax Indemnity: You agree to indemnify and hold the Company harmless from any liability, penalties, or interest arising from your failure to report or pay applicable local or state excise and sales taxes in your jurisdiction.

Age Verification Policy

VaporDNA is required by law and committed to preventing sales to
anyone under the legal purchasing age for any of our products. When
you place an order, your name and address are used to confirm your
identity and age. This process only must be done once. In some cases
we might be unable to verify your age during check-out and will need
you to provide alternate information to complete your order.

1) Last Four Digits of SSN and Date of Birth

2) ID Upload


VaporDNA uses AgeChecker.net Verification. This is done to meet FDA
and State requirements regarding tobacco and vapor product sales.
AgeChecker.net, is an industry leader in age verification, and uses
multiple trusted and secure data sources to verify the information
provided with each order. This process has been developed with privacy
and security in mind. Sensitive information is neither shared nor
accessible. It is our commitment to ensure timely and expedient
service, and refusal to utilize these services will result in
cancellation of your order.

Note: If your transaction has been declined, please contact us at (424) 318-1556 before attempting further transactions as holds may occur on your account.

Disclaimer: We reserve the right to use third party age verification systems, in accordance with federal law. If necessary, we reserve the right to ask for identification if necessary. You must be legal smoking age for the state in which you reside to obtain and use a credit card and to purchase electronic cigarette products. In instances in which credit card verification is not enough, we may require to review your identification card. You will be asked to fax or email a legible copy of your identification clearly showing your age and shipping address. We will require a signed authorization note along with a legible copy of your identification card. We will cancel the order if proper identification cannot be given in an appropriate amount of time. All fraudulent orders may be reported to the local authorities within your vicinity.

VaporDNA reserves the right to refuse service to anyone.