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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS 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. If you do not agree to these terms and conditions, please do not use this site.

Terms and Conditions:

SUMMARY

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

PART 1 – ONLINE STORE POLICY

By agreeing to these Terms of Service, you represent that you are at least 21 years of age. We will not complete a sale to customers under the age of 21.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

PART 2 – GENERAL TERMS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PART 3 – INFORMATIONAL ACCURACY

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Opaque Vape is a manufacturer of E-liquid and E-Liquid only, Opaque Vape does not manufacture any hardware products. If you have questions concerning any products you should direct inquiries to the respective manufacturer of any product for the most accurate and complete information. You are responsible for making yourself informed regarding any product before purchasing from this site.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We are not responsible for the accuracy of information contained in user-generated content nor do the views, opinions, or statements made in such content necessarily reflect the views, opinions, or knowledge of Opaquevape.com administrators, owners, or affiliates. User-generated content is considered content created by anyone who is not an administrator, owner, or affiliate of Opaquevape.com and can include but is not limited to customer reviews or third-party links on or directed to this site. We are not responsible for any claims made in user-generated content nor do we implicitly or explicitly agree with any such claims or opinions. We do not attest to the accuracy or validity of any statements made in user-generated content whether posted on this site or linked to this site.

PART 4 – CHANGES IN SERVICE AND / OR PRICING

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PART 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PART 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders for any reason.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, phone number, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

PART 7 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PART 8 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

PART 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Opaque Vape, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

PART 10- INDEMNIFICATION

You agree to indemnify, defend and hold harmless Opaque Vape and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

PART 11 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

PART 12 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

PART 13 – CHARGEBACK DISCLAIMER

We encourage all of our customers to contact us at (224) 541-4902 prior to filing a credit card chargeback if or when there is a conflict or issue regarding an order or product. In the instance that there may be a conflict or issue regarding an order, we urge the customer to contact our customer service department prior to filing a claim with their debit or credit card companies so that we may be able to resolve the issue in a quick and satisfactory manner. Unwarranted chargebacks result in substantial expenses towards Opaque Vape, therefore any frivolous chargebacks made unto Opaque Vape will result in a $50.00 processing fee for time spent which will be automatically deducted from the final credit the customer will receive.

PART 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

PART 15 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

PART 16 – WARNINGS

HEALTH: Products sold by Opaquevape.com are not smoking cessation products and should not be used to treat any medical condition or habits. Products sold by Opaquevape.com are intended ONLY for use by persons of legal age. Children, women who are pregnant or breast-feeding, or persons with heart disease, high blood pressure, diabetes, or allergic to nicotine or propylene glycol should not use any products sold by Opaquevape.com. By definition, nicotine is addictive and habit forming, and is very toxic. Avoid any contact with skin, eyes or through ingestion. Nicotine may increase heart rate, blood pressure, and can cause dizziness, nausea, and stomach pain. You may aggravate any pre-existing respiratory conditions by using products sold by Opaquevape.com. Contact your doctor immediately if any symptoms arise. We are not responsible for the misuse of these products, and urge all of our users to exercise caution and moderation with using any product sold by Opaquevape.com.

DISCRETIONARY INFORMATION:

· Use products only as intended

· Expect variances in ingredients and nicotine levels, exact amounts are not guaranteed by volume

· Do not use while driving

· Vape away from the vicinity of people and/or pets as there is no confirmed scientific evidence of detrimental effects

· Use products in moderation as they may increase heart rate or potentially lead to nicotine poisoning (if applicable)

· Stay hydrated while vaping any e-liquids

· Flavorings in the e liquid may contain trace amounts of nuts, gluten, sugar, or other sweeteners and may also contain artificial colors, artificial flavors, and artificial sweeteners

· Please consult a physician if you are allergic to nuts, sweeteners, various fruit ingredients, PG or VG prior to use. Opaque Vape is not responsible for any side-affects caused by an allergic reaction to our products. Please check with the relative manufacturer for additional details regarding possible allergens contained in e liquid products.

E LIQUIDS: E liquid products may contain nicotine, which is a poisonous and addictive substance. These products are only intended for committed smokers of legal smoking age and not for non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or preexisting condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure, or asthma. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Product may be poisonous if orally ingested. These products are not smoking cessation products and have not been tested or guaranteed as such. Our products have not been evaluated by the Food and Drug Administration and are not intended to treat, prevent or cure any disease or condition.

BATTERIES: When using Lithium Ion Cells, please exercise caution during charging to prevent explosion if mishandled. Any and ALL batteries should be charged with a 1A charger. We strongly urge users not to use cell-phone chargers as they may discharge at higher amperages, causing damages to battery life or risk of explosion. Users should have full awareness and knowledge of the possible dangers of Lithium-Ion rechargeable batteries during charging, discharging, and assembly before use. Users should charge in fire-proof containers, should not leave batteries unattended or charging overnight, charge on flammable surfaces, or have water damaged cells. Opaque Vape is not responsible for any damage or modification of batteries due to mishandling by the user. Opaque Vape is not responsible for claims made by battery manufacturers or damages caused herein for such.

WARNING: DO NOT DRINK E-JUICE PRODUCTS. KEEP OUT OF REACH OF CHILDREN AND PETS. In case of emergency, seek medical attention and keep the product bottle for reference.

NATIONAL POISON HELP HOTLINE – 800-222-1222

WARNING: RISKS OF USE – Vapor products of any kind are not intended for use by persons who are non-smokers, women who are pregnant or planning on becoming pregnant, breast feeding or persons with or at risk for heart disease, high blood pressure, diabetes or taking medicine for depression or asthma.

WARNING: PROPOSITION 65 – Some e-juice products sold contain nicotine, an addictive chemical known to the State of California to cause birth defects or other reproductive harm.

WARNING: ADVERSE REACTIONS – Immediately discontinue use of this product and consult a physician if you experience symptoms such as nausea, vomiting, dizziness and rapid heartbeat. Nicotine can be toxic if ingested in large doses. Wash immediately with soap and water upon accidental contact with eyes or skin.

PART 17 – PRODUCT WARRANTIES

MANUFACTURER WARRANTIES: All warranties are guaranteed only through their manufacturer. We are not responsible for any manufacturer claims, defects or damage caused by a manufacturer’s products. By purchasing from our website, you understand the nature of the products and the dangers that may occur if misused.

Opaque Vape does not warranty or accept returns for consumable or personal hygiene items that have been opened or used. Consumable items include but are not limited to eliquid and replacement coil heads and personal hygiene items include items such as atomizers and mouthpieces. Opaque Vape does not manufacture any items sold on opaquevape.com and offers no warranties or guarantees of any products. Any items that have been used or altered in any way may not be returned.

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, Opaque Vape disclaims all warranties, express or implied. Opaque Vape 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. Opaque Vape does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

PART 18 – AGE POLICY

THIS SITE CONTAINS INFORMATION REGARDING ELECTRONIC CIGARETTES. YOU MUST BE OF LEGAL AGE (21 YEARS OF AGE) TO ENTER, VIEW OR USE THIS WEBSITE.

In accordance with federal law, you must be of legal age to purchase electronic cigarettes from this website. Falsification of your age for the purpose of purchasing products from this website is strictly illegal and is punishable to the fullest extent of the law. Purchasing any products from this website on the behalf of a minor is prohibited and is punishable by law. We reserve the right to ask for identification upon our discretion.

By using and purchasing from this website, you are confirming that you are of LEGAL age to purchase electronic cigarette products and you are not in violation of any applicable local government regulations concerning vapor products. We do not sell to anyone under the age of 21, even if the minimum age to purchase tobacco products is lower in your jurisdiction. We reserve the right to deny any orders we believe to be placed by a minor.

You MUST MEET the LEGAL Tobacco / Vape / Electronic Cigarette Age to Purchase. We will not complete a sale to customers under the age of 21.

Providing false declarations of age under penalties of perjury is a CRIMINAL OFFENSE.

Effective August 8, 2016, in order to comply with FDA Deeming regulations, Opaque Vape will attempt to reasonably verify the age of any customer who makes a purchase from opaquevape.com in order to prevent sales to minors. We reserve the right to use third party age verification systems, in accordance with federal laws. If necessary, we reserve the right to ask for identification. In instances in which third party age verification is insufficient, we may require to review your identification card. You may be required to e-mail or text your identification card clearly displaying your date of birth and full legal name. You may be required to complete a signed authorization note along with a legible, unaltered copy of your identification. Any fraudulent or underage orders may be REPORTED to the local authorities within your vicinity.

Once an order is submitted, we may place the order on hold until age verification is complete and we can confirm that the purchaser is over 21 years of age. If we are not able to verify that the customer is over 21 years of age via third-party verification or verification of photo identification within 72 hours of purchase, we will cancel the order and void/refund the full payment. The customer must provide accurate, up-to-date contact information so that we may collect necessary age verification information.

PART 19 – SHIPPING RESTRICTIONS

Opaquevape.com may suspend shipments to consumers in certain states, counties, or cities, depending on local government ordinances. Please see our Shipping Policy for further details.

PART 20 – PRIVACY POLICY

By using Opaquevape.com, you also agree to our privacy policy.

BY USING OPAQUEVAPE.COM:

You understand and wholly agree to these terms and conditions, privacy policy, and shipping policy. You also verify that you are of legal age to purchase e-cigarette devices and e liquid.