Terms of service
Terms of Service
This website is operated by Kokopacks.com (the “Company”). Throughout the site, the terms “we”, “us” and “our” refer to the Company. The Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We provide website features and other products and services to you when you visit or shop at our site. By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use 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 Use 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 Use. 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 Use are considered an offer, acceptance is expressly limited to these Terms of Use. Any new features or tools which are added to the site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on its page. We reserve the right to update, change or replace any part of these Terms of Use 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.
Our site is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
We reserve the right at any time and from time to time, to modify or discontinue, temporarily or permanently, your use of the Services, and immediately in the event of technical difficulties. We will not be liable for any such modification, suspension or discontinuance.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
We do not sell or market products to children, but we do sell them to adults of legal smoking age, who can purchase with a credit card or other permitted payment method. We only sell products legal under federal and state law. We do not sell or market products the possession or sale of which is illegal under either federal or state law. We reserve the right to refuse Services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We expect you have read and fully understand these Terms of Use, which specifically require you to be of legal age to use this site or the Services or to purchase any products on this site or through the Services. We will not be liable or otherwise responsible to you or anyone else in the event you are not in fact of legal age to use this site or the Services or to purchase any products on this site or through the Services, or have otherwise circumvented or attempted to avoid our express age requirements contained in these Terms of Use. Each user is fully responsible for his or her own account and we will not be liable or responsible in any manner if your account is misused by anyone else. In addition to any other indemnification obligations contained elsewhere in these Terms of Use, you specifically agree to defend, indemnify and hold us harmless from any and all liabilities, obligations, claims, expenses, demands and causes of action that result from or arise in connection with the foregoing.
We pride ourselves on keeping electronic cigarettes and all vapor related products out of the hands of minors. Per the new Texas law SB 97, all online purchasers must verify their age with a third party verification software. To make this easier on our customers, we have included this in our check out process. You will be asked for your driver's license/ID information as well as the last four digits of your social security number. This information must be processed through the required database and saved in your customer account. You will only have to complete this process once under your personal account. We appreciate your cooperation and assistance in keeping devices and accessories out of the hands of minors.
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.
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of the Services, or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of any Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by us. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Service, or access to the Services or any contact on the website through which the Service is provided, without express written permission by us. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of ours without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Use.
All content included in or made available through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is our property or our content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Services is our exclusive property and protected by U.S. and international copyright laws.
The graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in or made available through the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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.
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.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (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 Services.
SECTION 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 our sole discretion. 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 Services will be corrected.
SECTION 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 that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You acknowledge and agree such information, including your credit card numbers, may be stored by us and our third-party service providers pursuant to the terms of our Privacy Policy.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 8 - THIRD-PARTY LINKS AND SERVICE PROVIDERS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We use third-party service providers to help sell our products and Services to you. Among other things, such third-party service providers may collect, use and disclose your information, but only to the extent necessary to allow them to perform the services they provide us. For more information, please review our Privacy Policy. We are not liable for any harm or damages caused by or related to such third-party service providers’ collection, storage, use or disclosure of your information. We recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(unchanged)
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy Click Here.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
(unchanged)
SECTION 12 - PROHIBITED USES
(unchanged)
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(unchanged, except brand name references replaced with Kokopacks where applicable)
In no case shall Kokopacks.com 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… (rest unchanged)
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kokopacks.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees… (rest unchanged)
SECTION 15 - SEVERABILITY
(unchanged)
SECTION 16 - TERMINATION
(unchanged)
SECTION 17 - ENTIRE AGREEMENT
(unchanged)
SECTION 18 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nevada, without regard to principles of conflicts of laws.
SECTION 19 - CHANGES TO TERMS OF USE
(unchanged)
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at kokopacks123@gmail.com
SECTION 21 - SHIPPING RESTRICTIONS
(unchanged)
SECTION 22 - RISK OF LOSS
(unchanged)
SECTION 23 - DISPUTES
(unchanged)
SECTION 23 - LINKING TO THIS WEBSITE
(Brand references updated)
…Breaching this provision would constitute a criminal offense and Kokopacks.com will report any such breach… (rest unchanged)
SECTION 24 - PROHIBITIONS
(Brand references updated)
…Kokopacks.com will report any such breach… (rest unchanged)
SECTION 25 - INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
(Brand references updated)
…remains the property of Kokopacks.com or its licensors… (rest unchanged)
SECTION 26 - TERMS OF SALE
(Brand references updated)
In order to contract with Kokopacks.com you must be over 21 years of age…
Kokopacks.com retains the right to refuse any request made by you… (rest unchanged)