Terms of Pre-Order

 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 Mode shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.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.