Effective Date: October 18, 2019
Welcome to www.mode.co (the “Website”), owned and operated by Vapor Dosing Technologies, Inc., a Delaware corporation (“Mode”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website, the Mode app (the “App”), and Mode’s services, content and products (collectively, the “Site”). Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Any use of an account via the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.
Mode reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Mode provides you with access to and use of the Site subject to your compliance with these Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Mode’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Mode. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained therein solely for your personal, noncommercial use as described below.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Account Creation; Eligibility
This is a contract between you and Mode. You must read and agree to these Terms before using the Site. If you do not agree, you may not use the Site to register for an account. You may use the Site only if you can form a binding contract with Mode, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Site by anyone under 21 years of age is strictly prohibited and in violation of these Terms. Our Site contains age-regulated products, which may include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age. Only persons 21 years of age and that have been age verified can purchase products and participate in any promotions or offers from the Site. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations. In order to purchase from the Site you must complete the registration process to obtain a user account. You will be required to provide your name, address, e-mail address, phone number and date of birth. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms by reference. When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Mode immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Mode from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically.
2. Safety Acknowledgment
Among other products offered for sale on the Site and through our authorized resellers and third party retailers, we sell vaporizers. Vaporizers are designed, manufactured, and sold as hot air extraction devices used and intended to be used with plant oil extracts. The lawful and proper use of any vaporizer or accessory is a required condition of sale. By purchasing vaporizer products, you are representing that you are 21 years of age or older, and that you agree to follow the instructions contained in these terms and in any accompanying literature. The improper use of vaporizers may void any applicable warranty. Any illegal use or resale of vaporizers could subject you to fines, penalties and/or imprisonment under state and federal law. Keep vaporizers and all similar products out of the reach of children. Study this information, the product instructions, and all accompanying literature and warnings before using a vaporizer. Do not use if pregnant, nursing, or diagnosed with epilepsy, a heart condition, allergies or other medical condition, before seeking the advice and assistance of a physician or trained health professional. By using this Site, you acknowledge the information contained in this disclaimer, the information provided on this Site, and all of the documentation and literature included with any vaporizer product sold on this Site or through our authorized resellers and third party retailers, was developed for informational purposes only. In no way is any of the information contained in this disclaimer or other documentation intended to be a medical or prescriptive guide or a substitute for informed medical advice or care. Neither the manufacturer nor the seller, or their respective affiliates, directors, officers or shareholders, of any vaporizers or similar products offered for sale on the Site or through our authorized resellers and third party retailers is responsible for the misuse of such products. You and any other user of such products are solely responsible for the use of such products and the consequences of such use.
Mode provides dosing recommendations through the App. We do not dose by THC/CBD amounts, rather we use formulas based on test results and information from our brand partners to calculate milligrams of vaporizable material. By using the App and your Mode device, you agree that Mode is not responsible in any manner whatsoever for how you feel when taking recommended doses or dosing on your own. We provide recommendations only in no way is any of the dosing information intended to be a medical or prescriptive guide or a substitute for informed medical advice or care. Please refer to additional information contained in the Site for further insight into the dosing process.
3. Electronic Communications
With the creation of an account you agree that we may send to you electronic notices or other communication regarding this Site. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account. By providing your email, you are representing you are of legal age to receive electronic communications and may receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations. All offers are Void Where Prohibited. Mode products material are not intended to imply that the products have been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. The email address provided will be used solely by Mode and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications or contacting us using the contact information on the Site.
4. Prohibited Uses
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Mode specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: (i) posting any information that is incomplete, false, inaccurate or not your own; (ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (iii) communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it; (iv) communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations; (v) communicating, transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (vi) attempting to interfere in any way with the Site’s or Mode’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
5. Security Rules
Violations of system or network security may result in civil or criminal liability. Mode investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Mode server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
6. Product and Pricing Information
Although Mode has made every effort to display our products and the features, specifications and colors thereof as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Mode cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Mode is not responsible for typographical errors regarding price or any other matter.
7. Social Media Agreement
1. We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that are tagged with #Mode #CannabisJustGotPersonal, #ApersonalCannabisExperience, #SetYourDose, #ExhaleWithConfidence or any other Mode promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Mode a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Mode will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Mode shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Mode retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
2. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Mode, you will furnish Mode any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Mode and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
3. Mode does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Mode and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by Mode or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Mode has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Mode acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Mode becomes aware of any User Content that allegedly may not conform to these Terms, Mode may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Mode has no liability or responsibility to Users for performance or nonperformance of such activities.
4. Without limiting the foregoing in any way, Mode has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against Mode for such removal and/or deletion. Mode is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content or information you post to the Site or any other sites or platforms.
8. Privacy Policy
Notwithstanding anything else to the contrary contained in these Terms of Use, Mode’s use of any personally identifiable information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Mode’s protection of your personal information, please refer to our Privacy Policy.
9. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please either send an email to hello@mode.co or write to us at Vapor Dosing Technologies, Inc., 2261 Market Street #4770, San Francisco, CA 94114. Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
10. Proprietary Rights
As between you and Mode, Mode is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Mode logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Mode and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Mode’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Mode. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Mode. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
11. Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mode’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement and counter-notices should be delivered via email to hello@mode.co or by mail addressed to Vapor Dosing Technologies, Inc., 2261 Market Street #4770, San Francisco, CA 94114. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances.
12. Third Party Links
The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). Mode does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Mode is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.
13. Disclaimers and Limitations of Liability
Mode publishes information on its Site as a convenience to its visitors. While Mode attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. Mode does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” MODE DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MODE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. MODE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.
Mode makes no warranties of any kind regarding any sites not controlled by Mode to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Mode makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such sites not controlled by Mode. Mode does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL MODE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF MODE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnity
You agree to indemnify and hold Mode, its managers, members, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Site, your violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right. You further agree to reimburse Mode, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by Mode (or such other indemnitee) in connection with the foregoing indemnity.
Governing Law and Disputes
THE PARTIES AGREE THAT THESE TERMS, ANY SALES THEREUNDER, AND/OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND MODE ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS THAT RESULT FROM THESE TERMS, MODE’S ADVERTISING, OR ANY RELATED PURCHASE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW.
Dispute Resolution and Binding Arbitration
YOU AND MODE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND VAPOR DOSING TECHNOLOGIES, INC., its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “Mode”) arising from or relating in any way to your purchase of Product (as defined in the Terms of Sale), your use of the Site, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Mode’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR MODE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/USERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Mode will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and Mode waive any right to a jury trial. Moreover, each of you and Mode both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
Vapor Dosing Technologies, Inc.
2261 Market Street #4770,
San Francisco, CA 94114
Effective Date: October 18, 2019
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
These Terms of Sale (this “Agreement”) apply to your purchase of products sold by Mode (“Product”) in retail stores or through the www.mode.co website or app (“Site”). You agree to these terms by placing your order. If you have already placed your order and no longer want to be bound to this Agreement then you must either promptly cancel your order or return your purchase. Please act promptly and note that these options may carry restocking or other fees.
1. Binding Agreement
This Agreement may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and Mode. In order to purchase from the Site you must complete the registration process to obtain a user account and only persons 21 years of age and that have been age verified can purchase products and participate in any promotions or offers from the Site. Our Terms of Service, incorporated into this Agreement by reference, describe further the account creation process and restrictions.
2. Orders, Pricing and Payments
Mode strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Except where noted otherwise, the prices displayed for Product represent the full retail price listed on the Product itself. All prices are quoted and payable in US dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed. Your order is subject to cancellation by Mode, in Mode’s sole discretion. Unless otherwise agreed to by Mode, payment must be received by Mode prior to Mode’s acceptance of an order. Mode may process payment for and ship parts of an order separately.
3. Shipping
Product title passes to you when the Product is shipped. You have 21 days to notify Mode of any missing, wrong, or damaged portion of your purchase or Mode cannot be held responsible for these issues. Unless you provide Mode with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales, VAT, and other taxes associated with the order. Domestic orders are generally processed in 2 to 3 business days. You should receive an email notification once your order has shipped. Product generally arrives in 5 to 7 business days via USPS First Class mail. Successful age verification will ensure timely processing and shipment of your order.
4. Returns
The Mode support team will answer all inquiries as soon as possible. Mode will exchange or refund any Product that is not up to your standard so long as such Product is unused and undamaged with the original hangtags attached, and the return to Mode is initiated within 14 days of receiving your Product with all original packaging and the receipt of purchase. Product must be undamaged to be able to be returned according with the prior requirement. Product must be purchased directly from www.mode.co to be eligible for a return. Should you purchase any Mode branded product from an authorized reseller or other retail outlet, your return will be governed by the return policy of such reseller or retailer. You may not return Mode branded products purchased from resellers directly to Mode. If you would like to return a Product, please email returns@mode.co and Mode will assist you from there. When Mode’s warehouse accepts your return, they will process the refund for your order. PLEASE NOTE THAT ALL REFUNDS ARE EXCLUSIVE OF SHIPPING COSTS, HANDLING, GIFT BOX, RESTOCKING FEE AND OTHER APPLICABLE CHARGES. All sales in connection with international orders (i.e. orders outside the continental United States) ARE FINAL, as such, Mode does not offer returns or exchanges with respect to international sales. For any questions, comments or concerns regarding RETURNS OR EXCHANGES please email returns@mode.co. Notwithstanding any provision to the contrary herein, all sale for Products that contain customization and/or personalization, ARE FINAL and cannot be returned.
5. Warranties
EXCEPT AS EXPRESSLY MADE BY MODE IN WRITING, MODE MAKES NO WARRANTIES WHATSOEVER FOR PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Telephone Communications
Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
7. Limitation of Liability
MODE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MODE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MODE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
8. No Resale or Exploitation
Purchasnes may not be resold or exported. Your purchase is for your own use, not for resale, export, or otherwise for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways). Your purchase may not be sold, leased, or transferred to restricted countries, restricted end users, or for restricted end uses according to U.S. export and sanctions laws. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without prior written permission of an authorized representative of Mode will void the Product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.
9. Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND MODE arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships that result from this agreement, Mode’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW. If any provision in these Terms of Sale is held invalid, the remainder of these Terms of Sale shall continue to be enforceable. If any provision in these Terms of Sales is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Sale and the remaining provisions are still valid and enforceable.
10. Dispute Resolution and Binding Arbitration
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Mode. For any dispute with Mode, you agree to first contact us via email and attempt to resolve the dispute with us informally. In the unlikely event that Mode has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. YOU AND MODE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND VAPOR DOSING TECHNOLOGIES, INC., its members, managers, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “Mode”) arising from or relating in any way to your purchase of Product, your use of the Site, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships that result from this Agreement (including relationships with third parties who are not signatories to this Agreement), Mode’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable) in Los Angeles County, California. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR MODE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that Mode will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and Mode waive any right to a jury trial. Nothing in this Section shall be deemed as preventing Mode from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Mode Device Reservation Terms and Conditions
- Updated December 2020
- Mode Device Reservation
Thank you for placing a Reservation for the Mode Device. By making your Reservation, you have secured the approximate priority for purchasing a Mode Device.
- Effective Date
Your Reservation becomes effective when (1) you place your Reservation and (2) we receive your Reservation Payment.
- Order Process
While the Reservation secures your approximate priority to purchase a Mode Device, it does not constitute the purchase or order of a Mode Device. If you proceed to purchase a Mode Device, we will apply your Reservation Payment towards the purchase payment. Until you make the payment for the remaining amount to purchase the Mode Device, your Reservation may be cancelled at any time, in which case you will receive a full refund of your Reservation Payment.
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These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with Vapor Dosing Technologies, Inc. (“we”, “us”, or “Mode”) for our vaporizer products ("Product"). Please read these Terms carefully before submitting your Pre-Order for any Mode Product. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
When placing a Pre-Order for Mode Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Mode shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an email to hello@mode.co.
You acknowledge and agree that Mode may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase price.
2. Payment
You will be charged the full Price of the Product at the time of placing the Pre-Order. If Mode is unable to commence shipping the Product on or before the one-year anniversary of your placing the Pre-Order, Mode shall process a full refund to you. Your placing of a Pre-Order constitutes your express agreement to Mode of charging the full Price of the Product at the time of placing the Pre-Order.
3. Priority
Mode will build Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Product. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that your priority order may be affected by the following in our sole discretion, including, but not limited to: (i) fulfillment of retail/distribution agreements; and (ii) in-house and third-party testing, evaluation, and display of Product.
4. Delivery Schedule
Although we will make efforts to begin delivering Product as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Mode does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the Product is not met, Mode is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 6 below.
5. Price
The purchase price ("Price") shall be as set forth on the Mode website Pre-Order purchase page and is subject to change. The Price does not include taxes and other government charges, which are your responsibility. If the Price increases after you place your Pre-Order, your order is secure at the lower Price.
6. Cancellation
You or Mode may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery by emailing us at hello@mode.co. If you do so prior to our notice of delivery, you will obtain a refund of the Price without interest. If Mode cancels your reservation you will receive a full refund of the Price without interest (and you will not pay any processing fee).
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL MODE BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT MODE IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
8. Terms of Service; Terms of Sale; Privacy Policy
The purchase of the Product is subject to additional terms and conditions provided by Mode, including with respect to our return policy included in our Terms of Sale, any software included in the Product, intellectual property embodied in the Product, or data collected by the Product. The current Terms of Sale, Terms of Service, and Privacy Policy are incorporated into these Terms, with these Terms controlling in the event of a conflict between such policies
9. Age and Residency
You acknowledge that you are at least 21 years old, are a resident of the Unites States, and will take delivery of your Product in the United States. You acknowledge and agree that Mode will initially focus its service efforts on certain geographical areas, and may expand to other areas as the company grows.
10. DISCLAIMER
MODE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY MODE WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 6 ABOVE.
11. Changes to the Terms
Mode reserves the right to change any of the Terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
12. Miscellaneous Provisions
These Terms constitute the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in the Los Angeles County, California, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.
13. Mode 1 Year Limited Warranty
The Mode device comes with a one (1) year limited warranty (“Limited Warranty”) from the date of retail purchase by the original purchaser.
Mode only warrants the Mode device against defects in materials and workmanship under normal use for 1 year from date of retail purchase from Mode and from authorized Mode retailers by the original purchaser (this Limited Warranty is NOT transferable to subsequent purchasers). The Limited Warranty does not apply should you purchase through a 3rd party reseller such as eBay and Craigslist
If a valid claim under this Limited Warranty is received within the 1 year warranty period, Mode will, at its discretion, either: (1) repair the defect; or (2) exchange the device for a new one. Except as stated herein, Mode makes no other express warranty.
The following is not covered by this Limited Warranty: any non-Mode products, any Mode products other than the Mode device and any device accessories or attachments; damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; damage caused by the device being exposed to or coming in contact with moisture (e.g. liquids, water, rain, extreme humidity, unusually heavy perspiration or other moisture), or extreme thermal or environmental conditions (e.g. sand, food, dirt or similar substances); damage caused by operating the device outside the permitted or intended use as described by Mode in the device documentation; damage caused by concentrates, the concentrate adapter, or waxes; a device or part that has been modified to alter functionality or capability; damage to the device (1) attributable to accessories or attachments not authorized or recommended by Mode or (2) attributable to accessories or attachments authorized or recommended by Mode but where usage thereof was outside of normal or recommended use; cosmetic damage occurring through wear and tear, including but not limited to scratches, dents, and broken plastic; any device where the serial number has been tampered with, erased or obscured or is not genuine; and normal performance degradation of batteries or neglecting to adhere to cleaning instructions. Please contact Mode customer support for more information on battery degradation. In addition, opening, disassembling or tampering with your device in any way will void this Limited Warranty.
To obtain service under this Limited Warranty, the original purchaser must do the following: Review this Mode 1 year Limited Warranty to confirm that the device is warranted hereunder. Proof of purchase may be requested before warranty service will be provided. Please retain your purchase receipt or other evidence of purchase for your records. It is recommended soon after purchase and prior to submitting a request for warranty support and for your convenience, you register the date of retail purchase and device serial number as both are needed to establish the start/end dates of the Limited Warranty. If no date of purchase is registered or no record of the purchase date is provided by you or otherwise available to Mode at the time warranty service is requested, the warranty start/end dates will be determined by date of device manufacture using the device serial number. Please contact customer support at warranty@mode.co to arrange warranty service by submitting a support request, including as many details as possible of the problem experienced to ensure prompt service.
Please note: Mode customer support may request additional details about the device, including pictures or videos and attempt to troubleshoot common issues before approving warranty service. All devices approved for warranty service must be returned to Mode before a replacement device will be provided. Depending on your geography, you may be responsible for shipping and handling costs to return the device to Mode. Mode strongly encourages you to send returns with a tracking number or delivery confirmation number. Mode is not responsible for lost or damaged returns sent by you. The cost of return shipping to you for devices not covered by this Limited Warranty shall be your responsibility, and Mode may require pre-payment of shipping charges before we return such devices. Original purchasers returning devices for repair or replacement will be subject to age-verification. Mode will only honor this Limited Warranty from original purchasers of legal age to purchase the device.
Effective Date: February 21, 2020
Mode 1 Year Limited Warranty
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The Mode device comes with a one (1) year limited warranty (“Limited Warranty”) from the date of retail purchase by the original purchaser.
- Mode only warrants the Mode device against defects in materials and workmanship under normal use for 1 year from date of retail purchase from Mode and from authorized Mode retailers by the original purchaser (this Limited Warranty is NOT transferable to subsequent purchasers). The Limited Warranty does not apply should you purchase through a 3rd party reseller such as eBay and Craigslist
- If a valid claim under this Limited Warranty is received within the 1 year warranty period, Mode will, at its discretion, either: (1) repair the defect; or (2) exchange the device for a new one.
- Except as stated herein, Mode makes no other express warranty.
- The following is not covered by this Limited Warranty: any non-Mode products, any Mode products other than the Mode device and any device accessories or attachments; damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; damage caused by the device being exposed to or coming in contact with moisture (e.g. liquids, water, rain, extreme humidity, unusually heavy perspiration or other moisture), or extreme thermal or environmental conditions (e.g. sand, food, dirt or similar substances); damage caused by operating the device outside the permitted or intended use as described by Mode in the device documentation; damage caused by concentrates, the concentrate adapter, or waxes; a device or part that has been modified to alter functionality or capability; damage to the device (1) attributable to accessories or attachments not authorized or recommended by Mode or (2) attributable to accessories or attachments authorized or recommended by Mode but where usage thereof was outside of normal or recommended use; cosmetic damage occurring through wear and tear, including but not limited to scratches, dents, and broken plastic; any device where the serial number has been tampered with, erased or obscured or is not genuine; and normal performance degradation of batteries or neglecting to adhere to cleaning instructions. Please contact Mode customer support for more information on battery degradation. In addition, opening, disassembling or tampering with your device in any way will void this Limited Warranty.
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To obtain service under this Limited Warranty, the original purchaser must do the following: Review this Mode 1 year Limited Warranty to confirm that the device is warranted hereunder. Proof of purchase may be requested before warranty service will be provided. Please retain your purchase receipt or other evidence of purchase for your records. It is recommended soon after purchase and prior to submitting a request for warranty support and for your convenience, you register the date of retail purchase and device serial number as both are needed to establish the start/end dates of the Limited Warranty. If no date of purchase is registered or no record of the purchase date is provided by you or otherwise available to Mode at the time warranty service is requested, the warranty start/end dates will be determined by date of device manufacture using the device serial number. Please contact customer support at warranty@mode.co to arrange warranty service by submitting a support request, including as many details as possible of the problem experienced to ensure prompt service.
- Please note: Mode customer support may request additional details about the device, including pictures or videos and attempt to troubleshoot common issues before approving warranty service. All devices approved for warranty service must be returned to Mode before a replacement device will be provided. Depending on your geography, you may be responsible for shipping and handling costs to return the device to Mode. Mode strongly encourages you to send returns with a tracking number or delivery confirmation number. Mode is not responsible for lost or damaged returns sent by you. The cost of return shipping to you for devices not covered by this Limited Warranty shall be your responsibility, and Mode may require pre-payment of shipping charges before we return such devices. Original purchasers returning devices for repair or replacement will be subject to age-verification. Mode will only honor this Limited Warranty from original purchasers of legal age to purchase the device.