Terms and Conditions
This website is operated by Vape City USA. Throughout the site, the terms “we”, “us” and “our” refer to Vape City USA. Vape City USA offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are 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 this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Vape City USA strives to ensure that the information provided on its website is accurate, complete, and up-to-date. However, we do not warrant that the information on our site is error-free, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for Vape City USA's products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
(if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. Vape City USA and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use any product purchased from the site.
SECTION 6 - CORRECTNESS OF BILLING AND ACCOUNT INFORMATION
We hold the right to reject any orders placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These limitations may include orders placed under the same customer account, the same credit card, and/or orders that utilize the same billing and/or shipping address. If we change or cancel an order, we may try to contact you by reaching out to the email and/or billing address/phone number provided during the time the order was made. We hold the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You acknowledge that it is your responsibility to provide accurate, current, and complete account and purchase information for all purchases made on our website. You agree to update your account and other information, including your email address and credit card numbers, and expiration dates, promptly so that we can complete your transactions and contact you as necessary.
For more detailed information, please refer to our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may grant you access to third-party tools which we neither monitor nor have any control over nor input on.
You acknowledge and agree that we offer access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement. We are not liable for any damages arising from or related to your use of optional third-party tools.
Any use of optional tools offered through our website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider(s) provide such tools.
In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new services and/or features shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available on our Service may contain materials from third parties.
Third-party links on our website may redirect you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the policies and practices of the third party and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions about third-party products should be directed to the third party.
If you need to contact us, please use the email email@example.com.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If we request or you voluntarily provide us with specific submissions (such as contest entries), or if you provide creative ideas, suggestions, proposals, plans, or other materials to us through any means (collectively, “comments”), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise use these comments in any medium, without any restrictions. We have no obligation to (1) maintain any comments in confidence, (2) compensate you for any comments, or (3) respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service. You agree that your comments will not infringe on any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Your comments will not contain any libelous, unlawful, abusive, or obscene material, nor will they contain any computer virus or other malware that could potentially affect the Service's operation or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy. We do not assume any responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be errors, inaccuracies, or omissions in the information provided on our site or in the Service, which may include 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 in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order). We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. Any specified update or refresh date indicated in the Service or on any related website should not be interpreted to mean that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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. In no case shall Vape City USA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to protect, defend, and hold harmless Vape City USA and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents they reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any part of these Terms of Service is found to be illegal, invalid, or unenforceable, the remaining portions shall continue to be valid and enforceable, and the unenforceable portion shall be deemed severed from these Terms of Service.
SECTION 16 - TERMINATION
The obligations and liabilities of both parties prior to the termination date will remain in effect after the termination of this agreement. These Terms of Service will remain in effect until terminated by either you or us. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services, or by discontinuing your use of our site. If we determine that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain responsible for any amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof) as a result.
SECTION 17 - ENTIRE AGREEMENT
Failing to enforce or exercise any right or provision of these Terms of Service by Vape City USA does not mean that the company is waiving such right or provision. These Terms of Service, including any policies or operating rules posted by Vape City USA on its site or related to the Service, constitute the complete agreement between you and Vape City USA governing your use of the Service. These Terms of Service replace any prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and Vape City USA. If there are any ambiguities in the interpretation of these Terms of Service, they will not be construed against Vape City USA as the drafting party.
SECTION 18 - GOVERNING LAW
The laws of the United States govern these Terms of Service and any separate agreements between you and Vape City USA, and they will be construed accordingly.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can view the current version of the Terms of Service at any time on this page. Vape City USA reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms of Service by posting the updates or changes on its website. It is your responsibility to periodically check Vape City USA's website for any changes. Your continued access or use of the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact Vape City USA at firstname.lastname@example.org.