TERMS AND CONDITIONS
This agreement is in effect as of January 7, 2013.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any www.KindJuice.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless www.KindJuice.com and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from www.KindJuice.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.KindJuice.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Errors on Our Site, Emails, or Print Ads
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Kind Juice reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, Kind Juice will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
All content and materials available on www.KindJuice.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of www.KindJuice.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by www.Kindjuice.com.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
The validity, performance, and all other matters relating to the interpretation and effect of these Terms and Conditions shall be governed by the laws of the State of Florida without regard to its conflicts of laws principles. Buyer and Seller agree that the proper venue for all actions arising in connection herewith shall be only in Florida. No action, regardless of form, arising out of transactions relating to this contract, may be brought by either party more than two (2) years after the cause of action has accrued. The U.N. Convention on Contracts for the International Sales of Goods shall not apply to this agreement.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, FL You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, www.KindJuice.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Use of Product
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 KindJuice.com 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 or anyone that is allergic to nicotine.
NOT FOR SALE TO MINORS. Products sold on this site 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 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. Vape Juice on this website may contain nicotine and Flavorings. Our products may be poisonous if orally ingested. Products sold by KindJuice.com 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. Read our terms and conditions page completely before purchasing our products. USE ALL PRODUCTS ON THIS SITE AT YOUR OWN RISK!
We have partnered up with Electronic Verification System’s, an online/real-time Identity Verification Solutions to ensure all customers meet the legal smoking age of the state in which they reside. All orders are filtered through EVS Age Verification Service.
If we are unable to verify your age, we will contact you for further verification or ship your order with adult signature required service. Adult signature shipments require an adult 21 years of age with a government issued ID to sign for the package.
CA proposition 56 tax on our products have not been paid. Consumers, retailers and distributors in California obtaining products through KindJuice.com are responsible for paying this tax directly to the state. California residents must be 21 years of age to purchase.
Signature Required (Must be available to sign for the package) :
Orders of $200 or more/First time customers
The two most common reasons why your credit/debit card was declined:
1. The billing address did not match the billing information for the card. Please be sure to enter the billing information for that credit/debit card. You can enter a different shipping address.
2. If you have entered the correct billing information and know that the funds are available in your account, yet your card was still declined; Please call the number on the back of your card and inform them of your purchase. This is a common security feature on credit/debit cards and will normally cause the transaction to be declined when purchasing at our site for the first time.
Returns and Exchanges
We are committed to our product and to your satisfaction. Please carefully review our returns and exchange policy.
Prop 65 Warning
Warning: the body of evidence as to the actual effects of diketones is unclear in the context of vaping and is largely unknown and assumed, and the levels of any diketone chemicals in vaping liquids has yet to be addressed and/or regulated by the FDA here in the US.
Below is a list of warnings that you should be aware of in general about vaping any E-Liquid, regardless of diketone content.
FDA WARNING: According to the U.S. Food and Drug Administration E- cigarettes have not been fully studied so consumers currently don’t know:
- The potential risks of e-cigarettes when used as intended,
- How much nicotine or other potentially harmful chemicals are being inhaled during use, or
- If there are any benefits associated with using these products
- Keep all directions for future use and use only as instructed.
- This product is not intended for non-smokers. Don’t use if you currently don’t smoke tobacco.
- Electronic cigarettes, personal vaporizers, and e-liquids are not are not approved by the FDA.
- This product is not a smoking cessation device nor is it intended to be one. If you are trying to quit smoking or vaping please consult your doctor.
- You must be of legal smoking age in your jurisdiction to use this product.
- Do not drink the e-liquid, or puncture the cartridge.
- Expect to have variances of the ingredients and nicotine levels. Exact amounts are not guaranteed by volume or by way of aerosol.
- Do not use while driving
- Vape away from the vicinity of people and pets. The effects of second hand vapor have not been scientifically confirmed. However, Propylene Glycol is an allergen and Nicotine is known to cause reproductive toxicity.
- Use this product in moderation, especially your first time. Failure to do so may cause nicotine overdose which can lead to an irregular heart beat and other symptoms.
- Drink at least 8-cups of water daily. Nicotine is a vasoconstrictor and water aids your body to metabolize the nicotine.
- Flavorings in the e-juice may contain trace amounts of nuts, gluten, sugar, or other sweeteners. Flavorings may also contain artificial colors, artificial flavors, and artificial sweeteners.
- Vaping flavorings may cause respiratory illness, disease, or symptoms.
- Do not mix different brands or flavors of e-liquid, as doing so may result in injury.
- Do not use this product if you are allergic or sensitive to any of the ingredients such as Propylene Glycol, Vegetable Glycerin, Nicotine, and food flavoring.
- Additional Nicotine warnings: Nicotine is a highly addictive substance and can be poisonous with serious health consequences including death. You should not use this product if you have any underlining medical conditions which may be aggravated or exacerbated by this product. You may experience certain symptoms after using this product. Some of the side effects of nicotine may include irregular heartbeat, changes in blood pressure, inflammation of blood vessels, chest pain, and depression, shortness of breath, sweating, dizziness, dry mouth, throat irritation, rash, swelling, nose bleed, diarrhea, headache, and dry mouth. Consult your physician prior to using this product. Nicotine is quickly absorbed with skin contact. Keep away from skin, eyes, mouth, and any other area of the body. In the event that you become in contact with nicotine, wash the affected area with soap and water for at least 15 minutes, and immediately contact your local Poison Control Center.
- Drug interactions: Nicotine may interact with certain pharmaceutical drugs. Consult your physician or pharmacist prior to use to avoid serious complications.
- Do not use in conjunction with illicit drugs, alcohol, energy drinks, herbal, nutritional, and/or nutraceutical supplements.
- Do not use before, during, and after exercising.
- Children and Pets: Keep away from children and pets. Small parts and or e-juice may be ingested and may lead to suffocation, injury, poisoning, and/or death.
- Do not dispose of in trash containers nor litter the environment. Please recycle or dispose according to local law.
- Propylene Glycol is poisonous to aquatic animals.
- Not for use by woman who are nursing, pregnant, or are planning to get pregnant.
- Vaping and exposure to vaping may potentially cause the emergence, contraction, contribution to, aggravation or exacerbation of various forms of adverse health effects including but not limited to cancer, heart disease, arteriosclerosis, cancer, carcinoma, liver disease, respiratory disease or illness, cancerous or precancerous abnormal condition or conditions, disorder, sickness, ailment, unhealthiness, symptoms, diseases, illness or malady of the human body.
- DANGER: This product contains Nicotine and is not for anyone under the legal smoking age or women that are pregnant or breast feeding, as well as persons with any existing medical conditions. Keep away from children and pets, Nicotine is a Toxic and addictive substance. This product has NOT been approved by the FDA.
- California Prop 65 WARNING: This product contains chemicals known by the state of California to cause cancer, birth defects or other reproductive toxicity. If this gets in contact with skin, wash with soap and warm water and call poison control center at 1-800-222- 1222. The Vaporized aerosol of the chemicals are known to cause respiratory or other diseases and in some cases are irreversible. Consult your doctor prior to use of this product.