Terms and Conditions

TERMS AND CONDITIONS

 

Welcome to the DFW Vapor website.  Your use of the DFW Vapor’s website (“this website”) constitutes your agreement to the following Terms and Conditions. If you do not agree with these Terms and Conditions, you should immediately leave this website.

 

Accordingly, please read the following terms and conditions of use carefully.  All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law.  BY ACCESSING OR USING THIS WEBSITE OR BY CLICKING ON THE “AGREE” BOX WHEN YOU PLACE YOUR ORDER, YOU REPRESENT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, USE, OR MAKE ANY PURCHASE FROM THIS WEBSITE.

 

WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

 

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AS “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATIONS, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE: INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SET FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, 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 OR 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.

 

ON THIS WEBSITE WE PROVIDE MATERIAL FOR INFORMATIONAL PURPOSES STRICTLY. NONE OF THIS CONTENT IS MEANT TO SUBSTITUTE THE EXPERT ADVICE OF DOCTORS OR OTHER HEALTH CARE PROFESSIONALS. NONE OF THE INFORMATION ON, OR AVAILABLE THROUGH THIS WEBSITE IS INTENDED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITIONS. IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THIS AGREEMENT, PRODUCT INFORMATION AND INSTRUCTION PRIOR TO USE.

 

ALL PRODUCTS AND DEVICES ARE SOLD SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, SUPPLIERS, AND DISTRIBUTERS, IF ANY, PROVIDED IN THE PACKAGING OF THE PRODUCT.  TO THE FULLEST EXTENT OF THE LAW WHICH IS PERMISSIBLE, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER THEY ARE EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY TYPE OF IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A SPECIFIC PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL USE, MISUSE, ABUSE, NON-DFW VAPOR MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR ANY TYPE OF MISAPPROPRIATION OR USER ERROR.

 

EXCLUSION OF DAMAGES.  DFW VAPOR WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT ANY LIMITATION, DAMAGES WHICH MAY RELATE TO LOST PROFITS, LOSS OF DATA, OR GOODWILL) ARISING FROM, RELATING TO OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION IN WHICH THEY ARE BASED, INCLUDING IF THE USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

 

IN NO EVENT SHALL WE AGGREGATE LIABILITY THAT ARISES FROM, RELATES TO, OR MAY HAVE A CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, CLAIMS WHICH RELATE TO THIS WEBSITE, OR THE PRODUCTS) EXCEED A SUM GREATER THAN $100 OR THE AMOUNT YOU PAID FOR DFW VAPOR SOLD PRODUCTS.

 

IN NO EVENT SHALL DFW VAPOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  DFW VAPOR AND ANY AND ALL OF DFW VAPOR’S PARENT AND SUBSIDIARY COMPANIES RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.  

 

 

INDEMNIFICATION

 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DFW VAPOR AND ANY AND ALL OF DFW VAPOR’S PARENT AND SUBSIDIARY COMPANIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS 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 THIS WEBSITE USING YOUR INTERNET ACCOUNT.

 

 

Lithium Battery Liability Disclaimer

 

DFW Vapor and any and all of DFW Vapor'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.

 

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, DFW Vapor and any and all of DFW Vapor'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.

 

 

Applicable Law and Governing Law

 

By visiting this website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and DFW Vapor  and any and all of DFW Vapor’s parent and subsidiary companies. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of any products or devices sold by DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies products) shall in the state or federal courts located in Denton County, Texas. Any cause of action or claim you may have with respect to this website (including but not limited to the purchase of any products or devices sold by DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies products) must be commenced within one (1) year after the claim or cause of action arises. DFW Vapor and any and all of DFW Vapor’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 constructed 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.

 

We make no representation that this website’s content is appropriate for access outside the United States. If you access this website from outside the United States, you are doing so at your own initiative and are responsible for compliance for compliance with local laws and are strictly prohibited from purchasing products form this website.

 

 

Participation Disclaimer

 

DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies does not and cannot review all communications and materials posted to or created by users accessing this website, 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 this website, DFW Vapor is simply acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this website. However, DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies reserve 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 DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies in its sole discretion.

 

 

Use of Website

 

Harassment in any manner or form on this website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DFW Vapor’s and any and all of DFW Vapor's parent and subsidiary companies or other licensed employee, host, or representative, as well as other members or visitors on this website is prohibited. You may not upload to, distribute, or otherwise publish through this website 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 this website or use this website to solicit others to join or become members of any other commercial online service or other organization.

 

 

Product 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 DFW Vapor and any and all of DFW Vapor'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 website. 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 include (but are not limited to) those who suffer from heart disease or high blood pressure, pregnant, nursing, or those thinking of becoming pregnant, and those allergic to nicotine or other PG based products.

 

Products sold on this website may contain nicotine which is a highly addictive substance. CALIFORNIA PROPOSITION 65 - Warning: This product contains nicotine, a chemical known to the state of California to cause birth defects or  other reproductive harm. Products sold on this website 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-liquid on this website may contain Propylene Glycol and/or Vegetable Glycerin, Nicotine and Flavorings. Our products may be poisonous if orally ingested. Products sold by DFW Vapor 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 WEBSITE AT YOUR OWN RISK!

 

 

Age Verification

 

You must be of legal age to obtain and use a credit card to purchase tobacco products. By visiting this website, you are certifying that the address and date of birth you provide are accurate. When agreeing to these terms and conditions you are confirming that you understand in accordance with state and federal law, signing another person’s name is illegal, the sale of tobacco products to an individual under the age of 18 are illegal, and the purchase of any FDA deemed “tobacco product” by persons under the age of 18 is illegal. You are also confirming you would like to receive mailings from DFW Vapor.  DFW Vapor is 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. 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.  We reserve the right to use 3^rd party age verification systems, in accordance with federal law. If necessary we reserve the right to ask for identification or other information verifying your age.  This means that you may be asked to email or otherwise provide a legible copy of your identification clearly showing your age and shipping address.

 

 

Typographical Errors

 

In the event that a DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies product is mistakenly listed at an incorrect price, DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies reserve the right to refuse or cancel any such orders whether or not the order had been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DFW Vapor and any and all of DFW Vapor’s parent and subsidiary companies shall issue a credit to your credit card account is the amount of the incorrect price.

 

 

Copyright

 

The entire content included in this website, 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 DFW Vapor.  The collective work includes works that are licensed to DFW Vapor.  Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with DFW Vapor or purchasing DFW Vapor 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 this website solely for your own non-commercial use, or to place an order with DFW Vapor or to purchase DFW Vapor products.

 

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by DFW Vapor.  You agree not to change or delete any proprietary notices from materials downloaded from this website.

 

 

Trademarks

 

All trademarks, service marks and trade names of DFW Vapor or DFW Vapor’s parent and subsidiary companies used in this website are trademarks or registered trademarks of DFW Vapor or DFW Vapor’s parent and subsidiary companies and may not be used with out express written permission from DFW Vapor or DFW Vapor’s parent and subsidiary companies.

 

 

Third-Party Links

 

In an attempt to provide increased value to our visitors, DFW Vapor may link to sites operated by third parties. However, even if the third party is affiliated with DFW Vapor or DFW Vapor’s parent and subsidiary companies, we has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DFW Vapor. These linked sites are only for your convenience and therefore you access them at your own risk.