TOS

 

I. Use of Davis Management Group Website By using this site, you agree to the Terms of Service. This agreement is entered into by you (“Customer”) and Davis Management Group LLC (“Company”). Customer agrees that these Terms of Service may be updated at anytime and without any notice. II. Termination Of Usage Company may terminate or suspend Customer’s access of this site, all or in part, without notice, for any conduct which, in our sole discretion, is disruptive to Company’s website or is in violation of any law, or these Terms of Service. III. Verification of Age and Capacity to Contract Company’s products are intended solely for persons who have reached the age of majority in their resident jurisdiction, the lowest of which being the legal age of 18 years. Customer has represented to Company that Customer has reached such legal age. In the event that Company receives information that calls into question or controverts the assertion of age by Customer, Company shall have the right to rescind any transactions entered into between Company and Customer and immediately terminate any further usage of Company’s website by Customer until sufficient proof is given that Customer has reached the age of majority. IV. Retail Purchases Customer warrants and agrees that all purchases made from Company by Customer are for personal, non-retail use of Company’s products. Company shall have the right to rescind or deny any transaction in which there is an actual or perceived breach of this clause. It is Company’s intent to prevent the purchase at retail of Company’s products by commercial Customers who intend to rebottle, alter, or otherwise violate trademark, servicemark, trade secret, and other intellectual property rights held by Company. Customer agrees that a violation of this section shall give Company the right to seek all remedies available at law, and that Customer shall be liable for all costs and reasonable attorney’s fees associated with that action. V. Legal Compliance Customer agrees to comply with all applicable laws, statutes, ordinances and regulations when using Company’s website and purchasing Company’s products through the website. Company reserves the right to rescind any transaction which presents an actual or perceived violation of applicable law, and to report such violation to the appropriate enforcement agency. VI. Orders Upon placing an order with Company, Customer agrees to pay for the order. Such payment may be made by, but shall not be limited to, authorizing a corresponding charge to a valid credit card acceptable to Company. Company reserves the right to accept or decline any order at any time and for any reason. Company shall not be liable if the financial institution which has issued Customer a credit card refuses to honor any transactions. VII. Sales Taxes Company may be required to collect sales taxes depending on Customer’s jurisdiction. Customer shall be solely responsible for the payment of sales taxes in connection with transactions between Company and Customer. VIII. Customer Account Customers may create an account on Company’s website which utilizes Customer’s email address and a password. Customer agrees not to misuse such account access or password. Customer agrees to notify Company immediately of any information which would indicate unauthorized access or use of Customer’s account. By opening and maintaining an account with Company, Customer warrants that all information provided by Customer is accurate, current and complete and that such information will be updated continuously during the period in which the account is active. Company shall have the right to suspend or terminate any account for any reason. Company shall have the right to seek any and all legal remedies regarding any fraudulent use of account by Customer or third parties. IX. Disclaimer and Warranties By using the site, Customer agrees that Company will not be held liable for damages arising from the operation, content or use of this site. This limitation of liability is comprehensive and applies to all damages of any kind. Company warrants that products purchased from Company will be in conformity with specifications set forth in accepted orders. Company makes no representations that the products are free of the rightful claim of any third party by way of infringement or the like and disclaims any warranty against infringement with respect to the goods. THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE TERMS OF THIS AGREEMENT. COMPANY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY WITH REGARD TO PRODUCTS PURCHASED PURSUANT TO THIS AGREEMENT AND CUSTOMER AGREES THAT, SUBJECT TO THE LIMITED WARRANTY OF CONFORMITY WITH ORDERS, THE PRODUCTS ARE SOLD “AS IS.” X. Copyright Notice 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 Davis Management Group LLC. The collective work includes works that are licensed to Davis Management Group LLC. Copyright 2003, Davis Management Group LLC 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 Davis Management Group LLC or purchasing Davis Management Group LLC products. Customer 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 Davis Management Group LLC or to purchase Davis Management Group LLC 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 Davis Management Group LLC. Customer further agrees not to change or delete any proprietary notices from materials downloaded from the site. XI. Intellectual Property Customer acknowledges that Company holds and enforces rights in the Intellectual Property in the Trademarks, Servicemarks, Trade Secrets, and Trade Dress of Company’s goods. In no way shall this agreement be construed as an assignment of Company’s Intellectual Property. Customer acknowledges that Company holds Trade Secrets in the formulas and manufacturing process of its goods, and Customer agrees that it shall not reverse engineer or in anyway provide Company’s goods to another for the purpose of reverse engineering the formula or manufacturing process for Company’s goods. If Customer in any way reverse engineers or through any other process attempts to learn or utilize Company’s Trade Secrets in the formulas and/or manufacturing process of its goods, Company’s rights under this agreement shall include a remedy of enjoining Customer, under the applicable law, from using the improperly acquired knowledge for use or disclosure to another for use, for so long as Company operates and manufactures Company’s goods. XII. 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 Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Customer 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. Customer 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. XIII. Participation Disclaimer Company 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. Customer acknowledges that by providing Customer with the ability to view and distribute user-generated content on the site, Company 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, Company 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 Company in its sole discretion. XIV. General The invalidity or unenforceability of any provision of the Terms of Service shall not affect the validity or enforceability of any other provision of the agreement, and any invalid or unenforceable provision shall be deemed to be amended to the minimum extent necessary to render it enforceable under applicable law while retaining to the maximum extent possible the intent and economic benefit of the original provision consistent with applicable law, unless it works to deprive the benefit of the bargain. No delay or omission by a party in exercising any right under the Terms of Service constitutes a waiver of that or any other right. This agreement is governed by and will be construed in accordance with the laws of the State of Florida without regard to conflicts of law principles. Any claim of whatever character arising under this Agreement or under any statute or common law relating in any way directly or indirectly to the subject matter of this agreement or to the dealings between the parties during the term of or surviving this agreement shall be subject to the exclusive jurisdiction of the Fourth Judicial Circuit of Florida in and for Duval County, Florida, and each party agrees to personal jurisdiction therein. Company’s 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 Company’s products, Customer agrees to use the products at Customer’s own risk. Customer agrees that Company shall not 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 Company’s website. Customer agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers (collectively "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to Customer’s account (including negligent or wrongful conduct) by Customer or any third party. XV. Third Party Links In an attempt to provide increased value to our visitors, Company may link to sites operated by third parties. However, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Company. These linked sites are only for Customer’s convenience and therefore Customer access them at Customer’s own risk. Nonetheless, Company seeks 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). XVI. Returns and Replacement of Products Customer shall have 5 days from the date of delivery to notify Company of any defect, mistake, or products missing in Customer's order. Company reserves complete discretion in determining the validity of a claimed defect, mistake, or product omission by Customer, and may cure a valid defect, mistake, or omission by, but not limited to, the following: refund of payment upon return of the product, exchange of the product for equivalent product, or replacement of the product whether or not omitted. Refunds will be issued immediately, and will post depending on the customer's bank and should appear within 7-10 business days for all reviewed and valid claims. XVII. WAIVER AND RELEASE OF DAVIS MANAGEMENT GROUP LLC FROM LIABILITY By accepting these Terms of Service, Customer hereby waives any and all claims against Davis Management Group LLC, including its employees, agents, independent contractors, and other individuals or entities acting as representatives of Davis Management Group LLC, in relation to the sale, purchase, use, operation, or any other actions involving Rebuildable Atomizers and Mechanical Mods (hereinafter the “items”) offered by Davis Management Group LLC. Customer acknowledges that the use of the items is dangerous when done improperly and in extreme cases can cause bodily harm, and that the undersigned has been advised of such. Customer further acknowledges that improper use of the items includes use of the items with improper materials (i.e. certain wicks, cottons, coil sizes, metal types, batteries, cleaners, etc.). Customer agrees to indemnify and hold harmless Davis Management Group LLC from any third party who may bring claims against Davis Management Group LLC for the sale, purchase, use, operation, or any other action of the items sold to Customer by Davis Management Group LLC. Customer acknowledges that Davis Management Group LLC does not manufacture the items offered for sale and agrees to waive any common law or statutory claim or cause of action against Davis Management Group LLC for damages caused by use of the items (whether proper or improper) or caused by manufacturing defects. XVIII. PRIVACY POLICY Davis Management Group LLC will not desimante personal information to any entities. XIV. PRIVACY POLICY Orders will be shipped within 1-4 business days. Orders will be delivered depending upon the shipping method selected.