Terms and Conditions

Conditions of Use

TERMS AND CONDITIONS
This agreement is between you and Downtown Vapor, Inc. (“DTV”)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING PRODUCTS FROM US.
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. If you do not agree to these terms and conditions, please do not use this site.

YOU MUST BE OVER 18 AND AGREE TO THIS AGREEMENT TO USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18.

BY PURCHASING E-LIQUID PRODUCTS FROM DTV, YOU AGREE TO USE AT YOUR OWN RISK. YOU AGREE TO READ ALL WARNINGS, TAKE PROPER PRECAUTIONS AND KEEP PRODUCTS SAFE FROM MINORS.

LIMITATION OF LIABILITY
Information accessible on this Site is for information purposes only and is not intended to be a substitute for professional medical advice. DTV does not warrant the validity of any health-related statements contained on the Site or any such information contained in third party sites referenced in the Site. You should always consult with your physician prior to using any nicotine product. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

DTV shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DTV has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

WARNINGS
Do not use E-Liquid products until you have read the following agreement.
You agree you have read the following warnings and the warnings posted on our website:
You must be over 18 to purchase from DTV.

You agree to use products at your own risk.

Electronic cigarettes have NOT been evaluated by the FDA to treat or diagnose any disease or condition. They are not intended for use in smoking cessation or for any therapeutic use.

Some of our E-Liquid (aka E-Juice) blends contain Propylene Glycol (PG) has been associated with irritant and allergic reactions. CONSULT YOUR physician before using any product with Propylene Glycol. We do offer a substitute that is Vegetable Glycerin (VG). For more information, contact us.

DTV makes NO CLAIMS regarding the effectiveness of our products for ANY uses.

DTV products are intended to be used ONLY by consenting, informed ADULTS OVER THE AGE OF 18 who want to use these products for personal enjoyment..

Nicotine is a poison. Nicotine is EXTREMELY addictive.

Electronic cigarettes have NOT been evaluated for use in quitting smoking.

Nicotine is highly addictive and habit forming. Keep out of reach of children. Some of our products contains Nicotine, a chemical known in some states to cause birth defects or other reproductive harm.

HEALTH NOTICE: This product is intended for use by persons 18 or older, and not by children, women who are pregnant or breast feeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. If you have a demonstrated allergy or sensitivity to nicotine or any combination of inhalants,

Consult your physician before using any nicotine product. This product is sold purely for recreational purposes – it is not a smoking cessation product and has not been tested as such.

You must be over the legal age in your state to buy or use this product. We do not believe anyone under the age of 18 should have access to nicotine or nicotine products.

YOUR ACCOUNT
DTV reserves the right to refuse and close an account for any reason. 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. DTV only sells to smoking adults, 18 years or older, who own and can purchase with a credit card. If you are under 18, DTV and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

ORDERING
Your order is subject to acceptance by DTV and may be refused for any reason, including credit concerns, restricted product, unusual volumes, or shipping addresses. Once accepted, DTV may make partial shipments if some items are on backorder. By placing the order, you agree that DTV may do so and charge you for any items shipped.

SHIPPING
DTV will ship products according to your selected shipping instructions. DTV will attempt to ship the products within the estimated times reflected on your order but will not be liable for any failure to do so. Shipping charges are non-refundable.

CANCELLATION
Orders may not be canceled that have already been processed.

RETURNS & WARRANTY:
All products are sold without warranty of any kind and purchasers will, by their own tests, determine suitability of such products for their own use. NO CLAIMS FOR LOSS, DAMAGE OR LEAKAGE ALLOWED AFTER DELIVERY IS MADE IN GOOD CONDITION TO CARRIER, WAREHOUSE OR DTV.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless DTV, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. DTV reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with DTV in asserting any available defenses.

LEGAL COMPLIANCE
DTV may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, DTV may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and DTV shall not be liable for damages or results thereof and User agrees not to bring any action or claim against DTV for such disclosure.

CHOICE OF LAW AND FORUM

DTV is located in Fort Myers, Fl USA.

This site (excluding third party linked sites) is controlled by DTV from its offices within the State of Florida, U.S. of America. It can be accessd from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Fort Myers, by accessing this site, both you and DTV agree that the statues and laws of the Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and DTV also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Florida and any legal proceedings shall be conducted in English.

DTV makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

TRADEMARKS
All trademarks, service marks and trade names of DTV used in the site are trademarks or registered trademarks of DTV.

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, DTV disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DTV does 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. DTV does 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.

PRICES SUBJECT TO CHANGE AND TYPOGRAPHICAL ERRORS
All store prices are subject to change without notice. In the event that a DTV product is mistakenly listed at an incorrect price, DTV reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DTV reserves 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, DTV shall issue a credit to your credit card account in the amount of the incorrect price.

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 DTV without notice at any time, for any reason. The provisions relating to Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE
DTV 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 DTV.

MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Florida, 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 DTV products) shall be in the state or federal courts located in Jackson County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of DTV products) must be commenced within one (1) year after the claim or cause of action arises. DTV’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. DTV 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 DTV 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
DTV 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, DTV 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, DTV 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 DTV in its sole discretion.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, DTV may link to sites operated by third parties. However, even if the third party is affiliated with DTV, DTV has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DTV. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DTV seeks to protect the integrity of its website 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).