Hot Juice is an e-liquid company owned by Deak Organization, based in Southern California who designs and creates products of the highest quality. To define the operation of the HotJuice.com and the products offered herein, this document is meant to clarify the legal and operational procedures, intents and expectations as outlined by Hot Juice. For the purposes of these Terms and Conditions, “Hot Juice” will at times be referred to as “we”, “us” or “our” and those who use the HotJuice.com website or any products sold therein will refer to “you”, “user” or any applicable variation of. Operation of this website and/or use of any of its products constitutes agreement to these Terms and Conditions. Further, user agrees and acknowledges that these pages and their content are subject to change without notice and may be updated without notice at any time. You may not change, augment or in any way modify the content found on the HotJuice.com website in any way.
Violation of Terms
While we do our best to offer users the best experience possible, there are moments in which this goal is not attainable. Access or use of the HotJuice.com website may be limited or restricted by us at any time for any reason. Hot Juice is not responsible for any lost data, lost functionality or site outage that in any way inconveniences its users. Any misuse or misconduct of this website or any of its pages will constitute users found in violation of these Terms and Conditions to cancel or temporarily block their access to Hot Juice in part or in total without notice for any reason at any time. Usage of this site and its pages constitutes agreement to this policy.
Legal Verification of Customer Eligibility
Hot Juice products are created and intended for customers able to legally purchase and use them as governed under respective state, federal and local laws applicable where they are located. The legal age for purchasing products containing nicotine, as defined by the FDA as a tobacco product in the United States, varies dependent upon location. As such, persons purchasing Hot Juice products must confirm that you are of legal age at time of purchase in order to be eligible to use this site, it’s pages and the products sold therein.
By acting as a customer of Hot Juice, you are affirming that you are of legal age which is 18 in most states, 19 and 21 in others. Customers are solely responsible for knowing the legal age of eligible use Hot Juice products in your respective location. Hot Juice is in no way responsible for fraudulent affirmations of age eligibility or confirmation by customers in violation of governing laws.
If Hot Juice is given any reason to call into question or suspect a customer of fraudulently affirming or providing any information in order to illegally procure or attain Hot Juice products, the respective customer is subject to termination of eligibility from using the HotJuice.com website and any transactions may be rescinded, retracted, cancelled or charged back.
This may include but is not limited to additional charges for opened, unreturnable or resalable products and/or legal action, either on behalf of Hot Juice or an outside entity acting as legal agent of Hot Juice. Hot Juice may keep the customer status of respective users inactive until a point at which legal age can be established and their eligibility status reinstated.
Any customer making purchases from Hot Juice as a retail user affirms that they are for personal, non-transferable user and not intended for resale in a retail or wholesale environment either acting as a third-party or a commercial entity of any manner. Hot Juice reserves the right to deny, cancel, rescind or otherwise disallow, any transaction suspected of resulted in unauthorized use, sale, redistribution or illegal dissemination by any customer for any reason. Purchasers of Hot Juice products either retail or wholesale are not permitted under any circumstances to alter, obstruct, replace, augment, rebrand or rebottle, or otherwise violate any law that protects the Hot Juice logo, trademark, copyrights, trade secrets, product formulas or any other intellectual property rights of any Hot Juice products purchased from our site, especially for the purpose of reselling the product in any context for any reason.
Any violation of this Agreement will constitute theft of intellectual property and may be subject to legal action on the part of Hot Juice against the offending or violating party. Further, users of HotJuice.com and products affirm and acknowledge that any violation of this policy shall grant Hot Juice all rights to pursue all remedies and actions under the law available to them in order to rectify damages as a result of customer violations and that they shall be liable for all legal fees and costs including but not limited to attorney’s fees and awarded damages associated with those actions.
Certification of Legal Compliance
In using the HotJuice.com website and the products sold therein, you agree to comply and adhere to applicable legislation, laws, statutes, regulations, statutes and legal limitations governing the use of these entities. Hot juice reserves the right to suspend, rescind, cancel, or otherwise disallow any transaction suspected of any actual or perceived violation of any and or all laws state, federal or otherwise and forward any applicable evidence or information to a governing agency or legal agency. Hot Juice is not responsible for any behavior intentional or indirectly causing legal ramifications for customers who violate laws in the course of using this website or its products.
Order Purchase Agreement
By placing an order for Hot Juice products, you understand and acknowledge that as a customer of Hot Juice you are responsible for fulfilling full payment to received merchandise including authorizing the charge of an applicable credit card or online payment method acceptable to Hot Juice. We reserve the right to cancel, suspend, delay, or otherwise deny your order for any time for any reason with or without notice. Hot Juice is not responsible for declined or cancelled orders regardless of whether a customer has received a confirmation either by email or other method by us. Hot Juice is not responsible for the refusal, denial, rejection, cancellation or inability of a financial institution, creditor, or online service to provide, fashion, affirm or otherwise extend any amount of financial ability promised to you by them or to honor any contract a user has with that entity.
By agreeing to this document, customers affirm, acknowledge and allow Hot Juice the ability to contact them by email for the purposes of confirming purchased orders and/or payments.
Tax Applicable Orders
Hot Juice is liable and legally required to charge to and collect from customers sales tax on orders with applicable laws that govern the state of California with respect to our products. Customers are responsible for all taxes associated with their Hot Juice order including sales and all other applicable taxes unless they are able to provide valid and corresponding tax exemption certification prior to confirmation of your order.
Content Relevance and Accuracy
Hot Juice does our best to offer customers the latest most up-to-date information on our website. However, in accepting this Agreement customers affirm and acknowledge that though products may be available on the HotJuice.com website, it does not guarantee their availability. Hot Juice does not guarantee or affirm the availability, present or future of any product offered on our website for any reason. Hot Juice reserves the right with or without notice to change, remove, edit, discontinue, or modify the packaging, ingredients, formulas, or any other specific information or configuration with regards to our products at any time or cancel a customer’s order for any reason with or without prior notice to the customer.
Product Information Accuracy and Error Rectification
While Hot Juice does our best to present our users and customers with the most accurate, current information possible, we acknowledge that at times there may be errors in the information offered on our site and its pages including but not limited to product information and pricing. As a result, Hot Juice may choose to cancel or disallow orders that include products with any error in its description, price, flavor or other distinguishing feature or relevant piece of information to prevent customers from receiving an inaccurate order. Hot Juice may make these adjustments or cancellations after an order has been confirmed and the customer has been charged for the order. In the event a customer has already been charged for a cancelled order and Hot Juice will credit the amount charged back to the originating payment method.
All products, services, content, software, code, materials, functions and abilities provided, sold and appearing on the HotJuice.com website are furnished “as is”. As such, all products, services, third party products, abilities and functions you take part in, are done so at your own risk and liability. Hot Juice disclaims to the fullest extent permissible by law any warranty, expectation or representation with regards to this Agreement, any statement contained herein, any transactions either monetary or otherwise in present or future, including any implied warranties of merchantability, fitness for a particular or implied purpose or performance, non-infringement, implied warranties in any way interpreted or extrapolated from any form of transaction or exchange including verbal, written or otherwise, the duration or span of use or performance, any usage or trade. Further, Hot Juice disclaims to the fullest extent permissible by law any liability, obligation, claim, right, or any remedies in tort regardless of responsibility or whether or not it is a result of our negligence and whether or not we possessed or were provided any prior knowledge. Hot Juice further disclaims any responsibility or liability related to or as a result of shipping, possession, storage or carriage of products or units either purchased by you, in transit to you, or otherwise not directly in the possession of Hot Juice or our contractors or acting agents, we are not, nor do we act as a warehouseman or Bailee, and you as user and/or purchaser of Hot Juice products waive your rights and applicable legal remedies as bailor upon usage of the Hot Juice website.
Hot Juice makes not guarantee or warrant that its website, pages, functions and services will be made available, meet your service requirements, be available, functional, secure, error-free, uninterrupted, or timely and Hot Juice is not liable for any form of interruption of service, including but not limited to processing of orders or payment, completion of orders or payment, confirmation of order or payment, settlement of payment, transaction of payment, or receipt of any kind including order, payment or shipping.
Limited Liability Disclaimer
Hot Juice will not be held liable or responsible by warranty, contract or tort including but not limited to product liability, negligence on part of Hot Juice or you, other applicable reason or extrapolated logic, or otherwise unnamed reason, to you as user or customer or any other party acting either on your behalf or their own for any damages, costs, fees including any legal or attorney or medical bills, or any other recompense to cover any and all recovery, recoupment, compensation or reparation of investments or purchases made by you, your proxies, agents or affiliates relating to the service, products or expectations of this website or these Terms and Conditions, or any fiscal losses or damages to revenue, profit, data, or business-related losses, or any and all punitive or consequential damages accrued or allegedly accrued relating to or as a result of any and all Hot Juice services and/or these Terms and Conditions, regardless of prior instruction, suggestion or disclosure provided to Hot Juice as to any possible damages or costs mentioned. You, the user or purchaser assume all liability and responsibility for any use, interaction, product or other function associated with Hot Juice. This comprehensive limited liability shall apply to damages, recompense, and recourse of any and all kinds. Hot Juice provides no warranty or expectation for any product sold on this website in any way, and the products, services and merchandise offered on this website are furnished “as is” without any applicable warranty or guaranteed expectation of any manner including but not limited to warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose, or performance expectation of our products and services. If, in the event Hot Juice is in breach of this Agreement, we shall solely and hold exclusive MAXIMUM liability or responsibility for compensation not in excess of the total price and cost of product(s) ordered, confirmed and/or promised by and to you which resulted in any such claim.
As a part of Hot Juice offering information on our products, their effects and their function, we may post links to outside web portals on our website which are the sole proprietorships of third parties unrelated or unaffiliated to Hot Juice. We post these links to information we determine to be relevant. However, Hot Juice accepts no responsibility for the content, accuracy, relevance or opinions of these external websites or their associated entities. Hot Juice neither endorses nor affirms the content found on or within these sites to be authoritative or official in any way.
Any and all content posted on the HotJuice.com website including product names, logos and content including all text, graphic, video, and audio is protected as intellectual property by both international and U.S. copyright laws and Hot Juice and its relevant contractors and contributors retain ownership over all content appearing on this website and its pages. Unless otherwise specified, the copyrights of articles, images, posts, comments and code are owned and retained by the creators or authors thereof and protected from infringement, use, repurpose or theft without express written permission by them.
To gain full functionality of the HotJuice.com website, we grant users a limited personal license to use this webpage and its associated abilities as a consumer, provided you do not violate any of the Terms and Conditions of this Agreement including but not limited to operating as a commercial agent or entity without express written consent from Hot Juice to do so. Hot Juice will not allow users of our website to:
- Modify, change, augment or repurpose any site works, function or ability, especially for the purpose of creating a similar or derivative entity
- Augmenting perspective and context of Hot Juice content through external linking, contextual framing or other activity which changes the perception or information as it appears or is meant to be conveyed by Hot Juice in a way that repurposes or modifies existing material and may cause its meaning or purpose to be misconstrued or confused
- Implementation of bots, data mining, or any unspecified data-gathering or extraction tools, software or programs
User Content Agreement
With the exception of express written permission to do so by Hot Juice, users of this webpage are not authorized to post any material, articles, comments, including any other visual or written content described by any of the following criteria:
- Any commercial material or content including formal advertising, especially anything that can be regarded as spam. Additionally, any posting for the purposes of sales, phishing or any other misconduct.
- Any and all content or material which is comprised of or encourages users to visit or implement spyware, phishing, worms, software infections, malicious patches or programs, spam, malware or viruses of any kind.
- Any and all posts, comments, articles, content (written or graphic in nature) or any other material that is unauthorized, unowned or otherwise ineligible for submission due to restrictions either by law or violation of these Terms and Conditions. In posting user content, you affirm that you hold the necessary rights and permissions afforded you to do so defined by law and the contents of this Agreement and you indemnify, absolve or otherwise attribute no responsibility of this content to Hot Juice. Any and all legal ramifications or damages as a result of your posting content are the sole responsibility of you, the user. You absolve Hot Juice from any liability, responsibility (legal or financial) and You, the user, assume full responsibility for all content added to Hot Juice by you.
Additionally, users posting content to the HotJuice.com website agree to the following terms of service:
- Any and all posts, comments, articles, or other unspecified content posted to HotJuice.com will be granted an perpetual, non-exclusive, freely-transferable, irrevocable, royalty-free, worldwide license to implement, use, display, modify, augment, repurpose, distribute, prepare or otherwise reproduce in any form derivative or referential works or content which may be based or allude to any content or material you have posted to HotJuice.com or any of its parent websites or subsidiaries.
- Hot Juice reserves the right to remove, edit, augment, delete or otherwise discard any content posted or submitted by users that in any way violates these Terms and Conditions, breaks any applicable law, or which Hot Juice deems in any way objectionable or inappropriate according to our own discretion and interpretation of its content or context. You, the user, acknowledge that your access to HotJuice.com may be blocked or otherwise prevented from using it in the event you violate these Terms and Conditions or otherwise misuse the HotJuice.com website.
- As a user of HotJuice.com, you acknowledge and affirm that certain content appearing on the HotJuice.com website may be provided, hosted, or implemented by parties or entities other than Hot Juice and may include links to websites or material hosted or operated by third-parties. You agree and acknowledge that Hot Juice will not be held responsible for any third-party website, material or content you may encounter as a result of using HotJuice.com.
As a part of using HotJuice.com we do our best to present original, proprietary content corresponding to the integrity of our products. However, for owners of copyrights, intellectual property, or other legal claim to material you believe may be in violation of legal permissions, or if you feel your copyright has been in any way infringed upon in any form on the HotJuice.com website, we ask that you present an itemized list of specifications and information for the determination of our copyright attorney including:
- Detailed description of the copyrighted or protected material or work(s) that you are making a claim on as infringing
- Detailed description of the infringement(s) themselves within the copyrighted or protected material or work(s) and in what location on what page of HotJuice.com the allegedly offending content appears including the web address and any corresponding placement or orientation on the page
- Copyright owner’s name, email address, telephone number and mailing address
- The physical or digital signature of an authorized agent, attorney or other entity acting on the copyright owner’s behalf
- A written, signed, legally-binding statement that you as the owner, or the owner if you are an agent acting on their behalf, did not in any way in writing, verbally, or otherwise grant HotJuice.com, it’s employees or other entities working on their behalf, grant permission to use this copyrighted material as an authorized agent, attorney, owner, or other legal representative able to grant said permissions under the law
- A written signed, legally-binding statement affirming that the information provided including the requirements defined in this Agreement are accurate and true and you are acting lawfully as the sole owner of the copyrighted material or their authorized legal proxy
Further, you agree that at times HotJuice.com will remove, archive, delete, or otherwise disable content with or without permission by the owner and is empowered to do so without prior notice.
For any and all legal suits or actions filed against HotJuice.com are governed and legislated by the laws of the State of California. Hot Juice makes no claim or representation that our products or content are in any way appropriate or lawful for use internationally and are not responsible for their access, implementation, or use outside of the United States. Users accessing HotJuice.com from international destinations agree and acknowledge that they do so at their own risk and assume all liable responsibility to adhere to the laws, regulations and statutes of their respective location, country, state, territory, city or other geographic identifier and its applicable laws.
Rectification of Terminology
Should any provision, statement, section or terminology appearing in these Terms and Conditions be found illegal, invalid, deficient or otherwise unenforceable for any reason, the aforementioned part of this Agreement will be upheld and enforced to the fullest extent permitted by applicable law, regardless of its interpretation by offending or violating parties. The legality, validity, deficiency, or other contentiousness of the remainder of the Terms and Conditions will be upheld and unaffected by the provision in question.
Product Warnings and Disclosures
Prop 65 WARNING: These products contain chemicals known to the State of California to cause birth defects and other reproductive harm. Do not use if pregnant or nursing and keep out of reach of children. This product may be harmful or fatal if swallowed. Sale intended for use in the United States.
Hot Juice products may contain the additives that are determined to be harmful according to the Occupational Safety and Health Administration, or OSHA, a division of the United States Department of Labor, as well as the National Institute for Occupational Safety and Health, or NIOSH, a division of the Centers for Disease Control and Prevention, inhalation of these ingredients have been linked to potentially serious lung diseases, abnormal lung function and other forms of damage to airways including bronchiolitis obliterans, familiarly known as popcorn lung.
Hot Juice products are not considered to be approved methods of smoking cessation, nor does Hot Juice make any claims that they are. Hot Juice products are intended solely by users of legal age to purchase, possess, and use vaping products or other materials considered tobacco products under the law in their respective city, state, country, territory or other specified location. Hot Juice products are NOT intended to be used by minors, users with any history of heart disease, high blood pressure, cancer, diabetes, or any lung-related ailment including asthma, or currently prescribed medication for depression or asthma or any acute or negligible sensitivity or reaction to nicotine. Nicotine has been documented to be a highly-addictive stimulant and to be habit-forming. It has further been determined to be toxic when transmitted by inhalation, ingestion or by dermal contact. E-liquid which has not been vaporized contains ingredients that may be poisonous if ingested. All Hot Juice products should be stored in a safe place beyond the reach of children and pets, and if ingested by either, you should immediately seek the advice of a medical physician or veterinarian. If you or a family member intentionally or unintentionally ingests e-liquid or uses it in any manner other than intended, you are encouraged to dial 911 or consult your local poison control center (800) 222-1222. Hot Juice products have not been evaluated by the U.S. Food and Drug Administration and are not intended as a treatment or prevention of any ailment, condition or disease, or otherwise possess any medicinal value, nor does Hot Juice make any claims to such.
Hot Juice products are not marketed, intended or endorsed to treat, prevent, diagnose, cure or in any way mitigate any ailment, condition or disease. The content of this website and its pages are not in any way intended to give medical advice and are strictly for educational, recreational or entertainment purposes and in no way meant as a replacement of your physician or health care provider. In purchasing Hot Juice products you affirm and acknowledge that you use them at your own risk and Hot Juice is in no way liable or responsible, indirectly or directly for any loss, damage, injury, or harm caused or allegedly caused as a result or in any way connected with the use of, reliance upon, or expectations of any product found on our website.
You, the user or purchaser, fully affirm, agree and acknowledge that in purchasing or using Hot Juice products you hold harmless, indemnify, defend and otherwise absolve Hot Juice, its employees, agents, proxies, owners, partners, officers, suppliers, subsidiaries, licensors from and against all damages, costs including any legal fines, attorney fees or medical bills, expenses, or other form of compensation as a result of any and all violations or deviations of these Terms and Conditions or including misuse, abuse, negligent or otherwise wrongful activity associated with your HotJuice.com account that in any way violates this Agreement either by you or another party using this website under your account regardless of whether they are authorized or unauthorized to do so.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by standard mail using the address provided below:
6520 Platt Ave Suite 947
Los Angeles, CA, 91307
Company Phone Number
Service of Process
Baker Marquart LLP
C/O Hot Juice
16th Floor, 2029 Century Park E
Los Angeles, CA 90067
Last Updated On:
Friday May 25, 2018