Terms of Service

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.

The Sale of Electronic Cigarette and Electronic Cigarette related products
Mode Vape and any and all of Mode Vape'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. Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape'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.

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 Mode Vape and any and all of Mode Vape's parent and subsidiary companies. The collective work includes works that are licensed to Mode Vape and any and all of Mode Vape's parent and subsidiary companies. Copyright 2023, Mode Vape 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 Mode Vape or purchasing Mode Vape 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 Mode Vape or to purchase Mode Vape 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 Mode Vape. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Copyright Complaints [USA]
www.ModeVapeStore.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our office immediately.

Mode Vape
133 E. Bonita Ave. #100
San Dimas, CA 91773
For issues that require immediate attention, please call us at 1-909-599-7999.

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

Electronic Communications
Anytime you send Mode Vape and any and all of Mode Vape's parent and subsidiary companies an email, or log in on to our website at www.ModeVapeStore.com, you are communicating with us in an electronic format. This gives Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape's parent and subsidiary companies satisfies all legal notification requirements.

Compliance with Applicable Laws
Export Control Laws: Visitor or user access to www.ModeVapeStore.com is governed by all applicable federal, state, and local laws. All information available on www.ModeVapeStore.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
Mode Vape and any and all of Mode Vape's parent and subsidiary companies grant you a limited licence to access and make personal use only of the www.ModeVapeStore.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;

(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 Mode Vape and any and all of Mode Vape'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 Mode Vape.

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, Mode Vape and any and all of Mode Vape'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. Mode Vape and any and all of Mode Vape'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. Mode Vape and any and all of Mode Vape'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.ModeVapeStore.com or from Mode Vape and any and all of Mode Vape'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
Mode Vape and any and all of Mode Vape'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.ModeVapeStore.com or its affiliates on an "as is" basis, unless otherwise specified in writing. www.ModeVapeStore.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 Mode Vape and any and all of Mode Vape'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, Mode Vape and any and all of Mode Vape's parent and subsidiary companies and www.ModeVapeStore.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. Mode Vape and any and all of Mode Vape's parent and subsidiary companies and www.ModeVapeStore.com and its affiliates do not warrant that Mode Vape and any and all of Mode Vape'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.ModeVapeStore.com are free of defects viruses or other harmful components. Neither Mode Vape and any and all of Mode Vape's parent and subsidiary companies nor www.ModeVapeStore.com and its affiliates will not be liable for any damages of any kind arising from the use of Mode Vape and any and all of Mode Vape'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.

Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape's parent and subsidiary companies product is mistakenly listed at an incorrect price, Mode Vape and any and all of Mode Vape's parent and subsidiary companies reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Mode Vape and any and all of Mode Vape'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, Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape'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
Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape's parent and subsidiary companies products) must be commenced within one (1) year after the claim or cause of action arises. Mode Vape and any and all of Mode Vape'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. Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape'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
Mode Vape and any and all of Mode Vape'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, Mode Vape 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, Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape's parent and subsidiary companies in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Mode Vape and any and all of Mode Vape'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, Mode Vape and any and all of Mode Vape's parent and subsidiary companies may link to sites operated by third parties. However, even if the third party is affiliated with Mode Vape and any and all of Mode Vape's parent and subsidiary companies, Mode Vape and any and all of Mode Vape's parent and subsidiary companies has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mode Vape and any and all of Mode Vape's parent and subsidiary companies. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mode Vape and any and all of Mode Vape'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 Mode Vape and any and all of Mode Vape'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 Mode Vape.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 Mode Vape and any and all of Mode Vape'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.ModeVapeStore.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

Mode Vape and any and all of Mode Vape'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, Mode Vape and any and all of Mode Vape's parent and subsidiary companies only warranties that this product meets all factory specs at the time of purchase. No other warranty is implied.

Mode Vape and any and all of Mode Vape's parent and subsidiary companies, www.ModeVapeStore.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, Mode Vape and any and all of Mode Vape'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 Mode Vape 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.

Mode Vape reserves the right to refuse service to anyone.