Terms and Conditions



PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
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 asMODus. The collective work includes works that are licensed to asMODus. Copyright 2017, asMODus ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with asMODus or purchasing asMODus 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 non-commercial use, or to place an order with asMODus or to purchase asMODus 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 asMODus. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of asMODus used in the site are trademarks or registered trademarks of asMODus.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, asMODus disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. asMODus does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. asMODus does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.


Limitation of Liability
asMODus shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products.


Battery Warning
WARNING: There is inherent risk with the use of any and all rechargeable batteries. Li-ion and and Li-Po batteries are made for RC Cars, flashlights, and laptops and not recommended for use in any other way. High drain batteries such as the ones found on this site are made for powering RC Cars, flashlights, and laptops and using them in any other way is dangerous as they consist of volatile and combustible components. Batteries are meant to be used within their recommended parameters and we cannot be held liable if used otherwise. The electronic devices we put for sale are for decorative purposes only. Do not put any battery or power up these decorative products, as it may cause fire or explode. Use at your own risk!

Special precautions are to be used when working with Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer), and any other type of rechargeable batteries. Rechargeable batteries are very sensitive to charging specifications and may burn or explode if mishandled or used improperly. Lithium Polymer batteries (LiPo or Li-Po) and Lithium Ion batteries (Li-Ion) have a very high energy compared to NiMH, NiCd's or other battery types. The high energy presents in these batteries means that there is also an increased risk by using these types of batteries. Due to this, we require any of our customers to follow proper battery safety guidelines.


Battery Safety Guidelines
WARNING: There is inherent risk with the use of any and all rechargeable batteries. Special precautions are to be used when working with Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer), and any other type of rechargeable batteries. Rechargeable batteries are very sensitive to charging specifications and may burn or explode if mishandled or used improperly.

Installation:

  1. Before installing Li-On, LiPo, and/or other types(s) of rechargeable cell batteries, verify that the intended batteries are compatible with your device(s). Not all devices support the same battery specifications so it is important to read the technical and safety information provided for each specific device.
  2. Inspect batteries for any dents or damage to the battery itself or its wrapper. If battery is not in optimal condition, do not use in any device and dispose of the batteries properly in accordance with your local laws. For batteries with damages only to the wrapper, it is possible to get it rewrapped at a specialty store. If you are unsure of your battery's condition, please consult a reputable local vape shop for inspection.
  3. When installing batteries, ensure that the positive and negative ends match the direction within the battery compartment and are loaded correctly.
  4. Do not mix old and new batteries or different brands. We require our customers to use "married" batteries on multi-battery devices. When we say batteries are "married", we mean were purchased together, used only at the same time, and never used without however many batteries are "married". Doing this provides optional performance and safety.

Operation:

  1. Use your batteries and device(s) only for their intended purposes. Do not tamper or modify any of the internal components. Doing so may result in serious injury or death.
  2. When you are not using your device, it is important to turn it off. Leaving your device on while not in use may result in accidental discharge possibly resulting in serious injury or death.

Storage & Maintenance:

  1. When batteries are not inside your device, always store and transport them in a cool, dry, non-conductive container (i.e. battery case), away from hazardous or combustible material. Never store batteries in your pocket, backpack, purse, etc without proper protection.
  2. Batteries and devices should always be kept in a controlled environment. Never expose your batteries or devices to sharp objects, metal, water, open flames, or high temperatures above 100°C / 212°F.
  3. In the unlikely event a Li-on, LiPo, and/or other types of rechargeable cell batteries catches fire, DO NOT attempt to put the fire out with water. Use a Class A, B, or C fire extinguisher or other smothering agent.
  4. Always follow applicable laws and regulations for transport, shipping, and disposal of batteries. For details on recycling batteries, please a government recycling agency, your waste-disposal service, or visit a reputable online recycling sources such as www.batteryrecycling.com
  5. Keep away from children and pets

The DOs and DO NOTs:

  • DO make sure that the batteries you are using are compatible with your device prior to use
  • DO make sure that your batteries are properly installed
  • DO store and transport any batteries and/or devices in a cool, dry, non-conductive container in a controlled environment
  • DO thoroughly examine batteries before and after use to make they are in acceptable condition for continued use
  • DO properly dispose of all battery cells and chargers in accordance with your local laws
  • DO NOT use batteries if the batteries' discharge current or amperage is not compatible with your device(s)
  • DO NOT expose batteries and/or device to sharp objects, water, open flames, or high temperatures over 100°C / 212°F. Never leave batteries stored in a vehicle. The extreme temperatures are dangerous when exposed to these batteries.
  • DO NOT use batteries if the battery wraps damaged and/or if any other visible damage is present on the battery. (i.e. dents on either the negative or positive end)
  • DO NOT mishandle or mistreat batteries. This includes but is not limited to: disassembly, cutting, puncturing, or incinerating
  • DO NOT leave batteries or devices charging unattended

Indemnification
You agree to indemnify, defend, and hold harmless asMODus, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including 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.


Typographical Errors
In the event that a asMODus product is mistakenly listed at an incorrect price, asMODus reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. asMODus 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 cancelled, asMODus shall issue a credit to your credit card account in the amount of the incorrect price.


Term; 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 asMODus 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.


Notice
asMODus 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 asMODus.


Miscellaneous
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 the 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 asMODus 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 asMODus products) must be commenced within one (1) year after the claim or cause of action arises. asMODus' 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. asMODus may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a asMODus 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 publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
asMODus 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, asMODus 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, asMODus reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to asMODus in its sole discretion.


Third-Party Links
In an attempt to provide increased value to our visitors, asMODus may link to sites operated by third parties. However, even if the third party is affiliated with asMODus, asMODus has no control over these linked sites, all of which have separate privacy and data collection practices, independent of asMODus. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, asMODus seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).