Terms & Conditions
NOTICE: YOU MUST BE 18 OR OLDER TO PURCHASE ELECTRONIC CIGARETTES. SOME STATES MAY REQUIRE YOU TO BE 19. CHECK YOUR LOCAL LAWS BEFORE ORDERING.
The Modern Smoke E-Cigarette is intended for use by adult smokers and not intended for pregnant women or those who are sensitive to nicotine. Nicotine is highly addictive and may be dangerous to your health. Modern Smoke E Cigarette is not intended as a smoking cessation device. Modern Smoke ECig offers smokers a tar-free way to enjoy smoking.
Who may use this website: This website is not intended or designed to attract users under the age of 18. We do not collect personally identifiable data from any person we know to be under the age of 18 and instruct users under 18 not to send us any information.
- To provide individuals with targeted offers based on their specific requests or their stated preference to receive certain categories of offers;
- To send individuals information and promotional materials from our company as well as from our marketing partners, advertisers, and other third parties;
- To deliver targeted display advertisements and offers through online marketing communications, such as emails, banner advertisements, and pop-up advertisements (by matching criteria provided by our advertisers with information collected from our visitors);
- To enable our marketing partners, advertisers, and other third parties to communicate with individuals;
- To administer contests and sweepstakes offered on our websites, other web pages, or on our partners' websites;
- To contact visitors to our websites or registered members of our marketing campaigns when necessary;
- To help address problems with our websites or marketing services;
- To administer our websites;
- To conduct internal reviews of our websites (e.g., to determine the number of visitors to specific pages within the site);
- To help us better understand recipients of our marketing campaigns and visitors' use of our websites; and
- To protect the security or integrity of our websites and other web pages that are accessible through our online marketing campaigns. Non-personal information will be used for these purposes as well as for conducting internal reviews and monitoring of our websites and other web pages that are accessible through our online marketing campaigns and providing a greater online experience for our visitors.
- This Modern Smoke website is not intended or designed to attract children under the age of 18.
- We do not collect personally identifiable data from any person we know to be under the age of 18.
- You can always choose not to provide personal information, even though it might be needed to take advantage of Modern Smoke offers or website features. If you do not want to receive e-mail or other communications from us or if you wish to check your personal information, please contact us.
Information collected from you.
The kinds of information we collect from you will vary, depending on how you use our website. It's possible to browse our site without submitting any personal information at all. In order to take part in certain services on our website, you will be required to provide certain personal information (e.g., your name, address, e-mail address, etc.).
In addition to the information you choose to submit, our systems are set up to gather certain anonymous data to help us better understand how our site is being used and how we can improve it. This automatically gathered data includes any content you view on our website.
How your information is used.
We utilize "cookies" on our site. These are small files that we send to and store on your computer so that we may recognize it as a unique machine the next time you visit our site. Our cookies are used to let us know you are a prior customer and to help us personalize your online experience by providing you with advertisements and messages of interest to you. Also, companies offering products or services through our website may use their own cookies.
The personal information you provide is used among other uses to help us customize your online experience. Your e-mail address serves as a unique identifier in our record system, and it is used together with a password to prevent unauthorized access to any information you choose to store on our site. The data you give us about your personal preferences and demographics (such as age, ZIP code, occupation, or other data) may be used to help us offer content, advertisements, products, and services that are most likely to appeal to you.
We will use your personal information to respond to requests you may make of us, and from time to time, we may refer to such information to better understand your needs and how we can improve our website, products and services. We may also use this personal information to contact you and/or provide you with general health information (like information on certain health conditions). We may share this personal information with other companies who offer products and services that may be of interest to you. We may also enhance or merge this personal information with data obtained from third parties for the same purposes.
Unless you specify that you'd prefer not to hear from us, we may also use the e-mail address you provide at registration to contact you for promotional, administrative, or other reasons. You may have these communications terminated. This likely will take 48 hours from the time you give us notice.
You may occasionally see contests, surveys, and other features of our website that ask you to provide us with personal information. When you choose to respond to these requests, the personal information you offer may be used for several reasons. These include the uses set out in this section. They also include providing personal information to third parties for prize fulfillment and other aspects of any contest or similar offering or for other uses related to providing you with information that we hope will be of interest to you.
The information gathered automatically by our system such as your computer's IP address, the kind of browser you're using, and a record of your navigation through our siteÃ¢â‚¬â€may be used by us so we can understand how to make our site convenient and useful to our audience and to improve our products and services.
Your Choices Regarding the Use of Your Personal Information.
- You can always choose not to provide personal information, even though it might be needed to take advantage of Modern Smoke offers or website features.
- You can add or update certain information that you send to us. When you update information, we usually keep a copy of the prior version for our records.
Access to Your Personal Information.
In the event that Modern Smoke and some of our assets are sold or transferred or used as security, the personal information collected on our website may be transferred to third parties as part of that transaction. Modern Smoke may also provide personal information or provide access to personal information to any of our affiliated businesses or to our business partners.
If Modern Smoke is requested by law enforcement officials or judicial authorities to provide personal information on individual users, Modern Smoke may, without your consent, provide such information. In matters involving claims of personal or public safety or in litigation where the data is pertinent, Modern Smoke may use or disclose your personal information without your consent or court process.
Will Your Personal Information Be Secure?
Modern Smoke recognizes you may be concerned about the security of your personal information, and we are committed to employing reasonable technology in order to protect the security of our website. Even with such technology, no website is 100% secure. We will take reasonable measures that we believe are appropriate to protect your information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer your information take comparable steps to protect that security.
If you have questions or comments regarding our privacy practices, please e-mail us at **EMAIL**
This policy was last updated on January 25, 2006
Modern Smoke is located in San Diego, CA in the United States. This site is for U.S. residents who are adults. Access to the site may not be legal in other countries. You transmit data to our Website subject to US and California law. Do not transmit data to our Website unless you agree to be bound by US and California law.
The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional.
You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by health care or nutrition professionals employed by or contracting with Modern Smoke) for diagnosing or treating a health problem or disease, or prescribing any medication.
Information and statements regarding supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
USE OF WEBSITE
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Website and/or any or all features, products, prices of products, services or information appearing on or available through any or all of the Website with or without notice to you. You agree that we shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
SUBMISSION OF INFORMATION OR MATERIALS
Our Website provides links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Modern Smoke is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Modern Smoke shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.
OUR PROPRIETARY RIGHTS
The Website is owned and operated by Modern Smoke. The contents of the Website are Ã‚Â©2006 Modern Smoke. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Website is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Modern Smoke authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from this Website in frames on another website without Modern Smoke's express written permission) is prohibited.
SALE OF PRODUCTS
You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites of others are subject to the terms and conditions of such other parties and their websites, and Modern Smoke shall have no liability or responsibility therefore.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Modern Smoke AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Modern Smoke AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BPN OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. Modern Smoke MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. Modern Smoke AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Modern Smoke OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT Modern Smoke AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF Modern Smoke OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE THAT Modern Smoke AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DOMESTIC USE; EXPORT RESTRICTION
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
APPLICABLE LAW; JURISDICTION
Return & Cancelation Policy
Value Direct Autoship Program Cancellation Policy
You may cancel your autoship program at any time, prior to their monthly shipment.
To cancel the Value Direct Autoship Program, contact Customer Service at 480-659-0025.
Return and Refunds
To cancel the Value Direct Autoship Program, contact Customer Service at 480-659-0025.
- To avoid being charged for Autoshipment you must cancel before your 7 day trail period is up. There are NO refunds for the Value Direct Autoship Program on products that have already shipped.
- You may cancel your Value Direct Autoship Program by calling 480-659-0025. Please note that we do NOT accept email cancellations
- You must cancel autoship orders prior to next shipment.
- No returns will be accepted if the Autoship was not canceled prior to the next shipment.
- Packages marked "return to Sender" will NOT be processed or refunded.
- Please be aware that Autoship products are non-refundble after they have been shipped.
- Please be aware that shipping and handling fees are non-refundable.
Negative Option Clause
"I understand that this consumer transaction involves a negative option, and that I may be liable for payment of future goods and services under the terms of this agreement if I fail to notify the supplier not to supply the goods or services described."