You must agree to this ToU in order to use the Site and/or the Service. If you use the Site and/or the Service, or click to accept or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Site and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the Site or the Service. If you are using the Site or the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to this ToU. If you do not have such authority, then you may not use the Site or the Service on behalf of your employer and you must discontinue all use of the Site and the Service immediately
This Website is intended only for use by adults aged 21 and older. If you create a Districtf5ve.com account, you are responsible for maintaining the confidentiality of your account and password. You further acknowledge and agree that you must be of legal smoking age to purchase or consume any products listed for sale on this website, located on the web at: http://www.districtf5ve.com
Certain products listed and sold on this website may contain nicotine. If you are allergic to nicotine, propylene glycol, or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart condition, diabetes, high blood pressure or asthma, you must consult your physician before using any products containing nicotine listed for sale on this website. Discontinue use and consult a physician if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhea, weakness and rapid heartbeat. By making a purchase on this website, you agree to keep the contents of said and any purchase out of the reach of children and pets as ingestion of certain pieces can present a choking hazard. Nicotine can be toxic if inhaled or ingested in large doses, and may cause irritation to eyes and skin if exposed. Wash immediately with soap and water upon contact. Nicotine is highly addictive and habit forming.
Certain products listed and sold on this website are not marketed for use as a smoking cessation product, and are not approved or endorsed by the American FDA.
1. LEGAL COMPLIANCE
This website has been designed to comply with United States Federal Law. If you are accessing this Website outside of the United States, you are responsible for complying with all applicable local laws. Making a purchase from this Website constitutes your agreement to all applicable terms and conditions represented on this page and on other web pages on this Website, and you warrant that you are 21 years of age or older and are legally able to purchase the item(s) ordered. It is the responsibility of the BUYER to ascertain and obey all applicable local, state, and federal laws. Moreover, placing an order constitutes your agreement to use the product(s placing an order, the buyer agrees that the item(s) ordered will be used in a lawful manner, and to indemnify and hold harmless Districtf5ve.com, its owners, employees, agents, and affiliates for any and all legal actions arising from purchase, use, or ownership of item(s) purchased. Making a purchase from this Website implicitly indicates that the buyer has read and understands the above terms and agrees to be bound by these terms in their entirety.
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of District F5VE. The collective work includes works that are licensed to Districtf5ve.com. Copyright 2014, Districtf5ve.com ALL RIGHTS RESERVED. Permission is granting to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Districtf5ve.com or purchasing Districtf5ve.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own noncommercial use, or to place an order with Districtf5ve.com or to purchase Districtf5ve.com products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless authorized by Districtf5ve.com. You further agree not to charge or delete any proprietary notices from materials downloaded from the site.
In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction or redistribution of the elements that make up the Districtf5ve.com website, content, concept, pages and flow in whole or in part, is strictly prohibited for commercial purposes.
All trademarks, service marks, and trade names of Districtf5ve.com used in the site are trademarks or registered trademarks of Districtf5ve.com.
4. TYPOGRAPHICAL ERRORS
In the event that an Districtf5ve.com product is mistakenly listed at an incorrect price, Districtf5ve.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Districtf5ve.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Districtf5ve.com shall issue a credit to your credit card in the amount of the incorrect price.
5. TERMS; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Districtf5ve.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Districtf5ve.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Districtf5ve.com
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A. without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Districtf5ve.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Districtf5ve.com products) must be commenced within (1) year after the claim or cause of action arises. Districtf5ve.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Districtf5ve.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
8. USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Districtf5ve.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise public through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive illegal, or otherwise objectionable with may constitute or encourage a criminal offense, violate the rights of any party of which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit other so join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless Districtf5ve.com, its officers, directors, employees, agents, agents, licensors and supplies (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
10. THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Districtf5ve.com may link to sites operated by third parties. However, even if the third party is affiliated with Districtf5ve.com, Districtf5ve.com has no control over these linked sites, all of which have separate privacy and date collection practices, independent of Districtf5ve.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Districtf5ve.com seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its on site, but for sites it links to as well (including if a specific link does not work).
11.1 Warning. PRODUCTS SOLD BY THEDRIPCLUB.COM ARE NOT SMOKING CESSATION PRODUCTS AND SHOULD NOT BE USED TO TREAT ANY MEDICAL CONDITION OR HABIT. PRODUCTS SOLD BY THEDRIPCLUB.COM ARE INTENDED FOR USE BY PERSONS OF LEGAL AGE, AND NOT BY CHILDREN, WOMEN WHO ARE PREGNANT OR BREAST-FEEDING, OR PERSONS WITH OR AT RISK OF HEART DISEASE, HIGH BLOOD PRESSURE OR DIABETES, OR ALLERGIC TO NICOTINE OR PROPYLENE GLYCOL. NICOTINE IS ADDICTIVE AND HABIT-FORMING, AND IT IS VERY TOXIC BY INHALATION, IN CONTACT WITH THE SKIN, OR IF SWALLOWED. NICOTINE CAN INCREASE YOUR HEART RATE AND BLOOD PRESSURE AND CAN CAUSE DIZZINESS, NAUSEA, AND STOMACH PAIN. INHALATION OF THIS PRODUCT MAY AGGRAVATE EXISTING RESPIRATORY CONDITIONS. INGESTION OF THE NON-VAPORIZED CONCENTRATED INGREDIENTS IN THE PACKAGE CAN BE POISONOUS.
11.2 California Proposition 65 Warning: PRODUCTS SOLD BY THEDRIPCLUB.COM MAY CONTAIN NICOTINE, A CHEMICAL KNOWN TO THE STATE OF CALIFORNIA TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.
11.3 Electronics/Battery Disclaimer. All batteries purchased on the Site are rechargeable batteries. District F5VE is not responsible for incompatible battery sizing.
Participation Disclaimer. Districtf5ve.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Districtf5ve.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Districtf5ve.com reserves the right to block or remove communications that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Districtf5ve.com in its sole discretion.
11.4 Chargeback Disclaimer. The District F5VE is committed to providing excellent customer service, and we encourage customers to contact our customer service department prior to filing a credit card chargeback when there is a conflict or issue. A chargeback is defined as a dispute to a charge or request to have a charge reversed. We encourage our customers to contact our customer service department prior to filing a chargeback because we are confident that we can resolve the issue in a satisfactory manner. Please be aware that chargebacks are not to be used as a substitute for directly contacting The District F5VE to resolve any questions or issues you might have. Unwarranted chargebacks result in substantial expenses for our company, and for every frivolous chargeback initiated by a customer, the customer will be charged a $25.00 processing fee. This processing fee will be deducted from the final credit the customer will receive, if and when a credit is due. A frivolous chargeback is defined as a chargeback in which a customer's credit card company or bank rules the outcome of the chargeback case in our favor.
11.5 Shipping Restrictions. As of June 9th, 2016, The District F5VE has suspended shipments to consumers in the state of California indefinitely due to the passage of state legislation. Specifically California Senate Bill No. 5, which categorizes vapor products as tobacco products for purposes of the STAKE (Stop Tobacco Access to Kids Enforcement) Act. With respect to the STAKE Act, internet retailers are required to abide by the following procedures before shipping to a customer:
- Obtain an age-verification kit consisting of an attestation signed by the customer or recipient that he or she is 21 years of age or older and a copy of a valid form of government identification.
- In the case of a sale, seller shall make a telephone call after 5 p.m. to the purchaser confirming the order prior to shipping the tobacco products.
- The seller shall deliver the tobacco product to the recipient's verified mailing address, or in the case of a sale, the seller shall deliver the tobacco product to the purchaser's verified billing address on the check or credit card used for payment.
11.6 Age Verification. Effective August 8th, in order to comply with FDA Deeming regulations, the District F5VE will require all customers to submit materials in order to verify their legal age. According to § 1140.14(a)(2)(i) of the Deeming Regulations, retailers of vapor products may not sell products to individuals under 18 years of age. Section 1140.14(a)(2)(i) also requires retailers of vapor products to verify the purchaser's birth date by reviewing the individual's photographic identification. For instances in which state legislation requires a minimum purchase age greater than 18 years of age, the District F5VE will abide by such state legislation. A list of states with minimum purchases ages greater than 18 has been outlined below.
State / Age
Alabama / 19+
Alaska / 19+
California / 21+
Hawaii / 21+
New Jersey / 19+
Utah / 19+