PRIVACY STATEMENT | TERMS & CONDITIONS
TERMS & CONDITIONS
Please read the following terms and conditions of use carefully before using this website.
Any persons using, reading, and/or purchasing products on this website agree that access to and use of this site are subject to the following terms, conditions, and other applicable laws.
You must be at least 21 years old in Connecticut to purchase products from this site or the legal age in your state. By using this website, you agree that you are at least 21 years of age and also agree to the following terms and conditions.
If you do not agree to these terms and conditions, please do not use this site.
The products offered by Fog Factory New London LLC are intended for use by responsible adult users over the age of 18.
RIGHT TO USE
Fog Factory New London LLC complies with all state, federal, and international regulations surrounding the use, distribution, and production of E-cigarette and/or E-Liquid type products.
Because laws are subject to change based on region, your use of this website implies that you are doing so legally and in accordance with the laws of your region.
Additionally, Fog Factory New London LLC maintains a strict policy of “21 and Older” for using this web site, ordering, and using of any of Fog Factory New London LLC's products.
Your use or ordering from this website is your digital signature that you are above the age of 21 and are legally entitled to use this product in your region.
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 Fog Factory New London LLC. The collective work includes works that are licensed to Fog Factory New London LLC.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fog Factory New London LLC or purchasing Fog Factory New London LLC 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 Fog Factory New London LLC or to purchase Fog Factory New London LLC 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 Fog Factory New London LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
LIMITATION OF LIABILITY
Fog Factory New London LLC 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, even if Fog Factory New London LLC has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Fog Factory New London LLC product is mistakenly listed at an incorrect price, Fog Factory New London LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fog Factory New London LLC 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, Fog Factory New London LLC shall issue a credit to your credit card account in the amount of the incorrect price.
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 Fog Factory New London LLC 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.
Fog Factory New London LLC 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 Fog Factory New London LLC.
USE OF SITE
Harassment in any manner or form on the site – including via email, chat, or by use of obscene or abusive language – is strictly forbidden.
Impersonation of others – including an Fog Factory New London LLC 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.
Fog Factory New London LLC 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, Fog Factory New London LLC 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.
Fog Factory New London LLC 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 Fog Factory New London LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Fog Factory New London LLC, its officers, directors, employees, agents, licensors and suppliers (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.
In an attempt to provide increased value to our visitors, Fog Factory New London LLC, may link to sites operated by third parties. However, even if the third party is affiliated with Fog Factory New London LLC, Fog Factory New London LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fog Factory New London LLC.
These linked sites are only for your convenience and therefore you access them at your own risk.
Nonetheless, Fog Factory New London LLC 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).
Use of this website shall in all respects be governed by the laws of the state of Delaware, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Delaware courts shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
RIGHT TO REFUSE SERVICE
Fog Factory New London LLC reserves the right to refuse service to any person for any reason, with or without notice, with or without cause at any time.
Additionally, Fog Factory New London LLC reserves the right to block or ban any IP address, any credit card, any shipping address, and any person from the website for any reason at any time at the sole discretion of Fog Factory New London LLC.
Additionally, Fog Factory New London LLC also reserves the right to permanently delete any member account, and block said person from re-establishing access to the website.
Additionally, Fog Factory New London LLC reserves the right to substitute a refund or account credit in direct exchange for products ordered by a person to whom service has been refused before or after the time of refusal of service.
Your use of this site shall be governed in all respects by the laws of the state of Delaware, 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 Fog Factory New London LLC products) shall be in the state or federal courts located in New Haven County, Connecticut.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fog Factory New London LLC products) must be commenced within one (1) year after the claim or cause of action arises. Fog Factory New London LLC's 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.
Fog Factory New London LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
TERMS STATUS & UPDATING
Fog Factory New London LLC reserves the right to update these terms at any time with or without notice. In all cases, the most current terms and conditions of use shall be construed as the governing policy.
We take your privacy and security very seriously. To better protect your privacy we have provided this notice in order to explain our online information practices and the choices you can make about the way your information is collected and used.
This notice is easily found in our footer and at every point where personally identifiable information may be requested.
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address. With your permission, we may send you emails about our store, new products and other updates.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
After you opt-in, if you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at:
Fog Factory New London LLC
391 Colman Street
New London, CT 06320
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help to ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, 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.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site.
We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
Unique token, sessional, allows Shopify to store information about your session (referrer, landing page, etc).
No data held, persistent for 30 minutes from the last visit, used by our website provider’s internal stats tracker to record the number of visits.
No data held, expires midnight (relative to the visitor) of the next day, counts the number of visits to a store by a single customer.
Unique token, persistent for 2 weeks, stores information about the contents of your cart.
Unique token, sessional
Unique token, indefinite if the shop has a password, this is used to determine if the current visitor has access.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.