EMP

Terms of Service

[Everlast Metal Pipes, LLC]

 

Terms of Service

 

Last Updated: 05/10/2019

 

IF YOU ARE UNDER THE AGE OF 21, PLEASE EXIT THIS WEBSITE. 

Welcome to www.everlastmetalpipes.com owned and operated by [Everlast Metal Pipes, LLC] (“Everlast Metal Pipes,” “we” or “us”).

These terms of service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (the “Terms”), govern your use of our website and your purchase of any of our products through the website (the “Service”). By using the Service, you agree to be bound by and comply with these Terms. You may not use the Service if you do not accept these Terms.  This is a legal agreement between you and Everlast.

These Terms May Change

These Terms may change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.everlastmetalpipes.com. We will notify you by email, through the Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Service after a modification is posted, you are telling us that you accept the modified terms.

Who Can Use The Service

The Service is available for individuals aged 21 years or older. If you are under the age of 21, please do not use the Service.  YOU MUST BE AT LEAST 21 YEARS OR OLDER TO ORDER OR PURCHASE FROM THE WEBSITE.

Read Our Privacy Policy

Any information that we collect through your use of the Service is subject to our Privacy Policy, which is part of these Terms.

Online Store Terms

ALL PRODUCTS ARE FOR TOBACCO USE ONLY

All of our products are collectible metal pipes and solely intended for tobacco use only or concentrated essential oils, by legal adults. You must be 21 years or older to purchase anything from this website. It is your sole responsibility to know your state and local laws regarding the possession and use of tobacco pipes and accessories. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

Certain products may be available exclusively online through the website. These products 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 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. 

We reserve the right, but are not obligated, to limit the sales of our products 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 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 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 will be corrected.

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 made at our store. 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.

Your Conduct

You agree to use the Service only for personal, non-commercial purposes, and not for any other uses. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reproduce, republish, post, distribute, transmit, or modify in any way any part of this website.

We reserve the right to refuse service to anyone for any reason at any time.

You agree to not use the Service to: (a) harm minors in any way; (b) impersonate any person or entity, or misrepresent your affiliation with a person or entity; (c) engage in any unsolicited or unauthorized advertising, “spamming” or "chain letters," or any other form of solicitation; (d) stalk or otherwise harass another; (e) transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or disrupt the Service or servers or networks connected to the Service; (g) intentionally or unintentionally violate any applicable local, state, national or international law; (h) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (i) collect or track the personal information of others; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You will not access the Service (a) by any means other than through the interface that is provided, or (b) through any automated means (including use of bots, scripts or web crawlers).

You will not override or circumvent any security components or violate any usage rules relating to the protection of digital materials on the Service.

Posting Your Content On The Service

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.

You are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Service (the “Content”), and for the consequences of your actions (including any loss or damage that we may suffer) by doing so.

By making your Content available on or through the Service, you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable and non-exclusive license to use the Content to provide you the Service. In addition, as further described in our privacy policy, we use the Content to improve the Service and we may anonymously use such Content for research purposes with our research partners.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feddback; or (3) to respond to any feedback. You agree that all feedback you provide to us shall become our property and may be used by us for any purpose, including without limitation making improvements, updates or upgrades to our products or Service.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Content. You are solely responsible for any Content you make and its accuracy. We take no responsibility and assume no liability for any Content posted by you or any third-party.

You agree to not upload, post, transmit or make available any Content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or contains any computer virus or other malware that could in any way affect the operation of the Service or any related website; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information protected under nondisclosure agreements); or (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or violates any right of any third party, including privacy, personality or other personal right.

You acknowledge that we may or may not pre-screen Content. We have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any Content on the Service. You understand that you may be exposed to Content on the Service that is offensive, indecent or objectionable.

Our Rights In The Service

All right, title and interest to the Service (which includes the look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of [Everlast Metal Pipes, LLC], its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws, and you may not use any of such materials for any purpose without the express written agreement of [Everlast Metal Pipes, LLC].

Changes To The Service and Product Prices

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Prices for our products are subject to change without notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Termination

We may terminate your account and access to the Service at any time, without notice, for (a) your violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Service, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity. Termination of your account includes deletion of your Content, deletion of your password and all related information, and files and content associated with your account. Further, you agree that we shall not be liable to you or any third party for any termination of your account or access to the Service.

DMCA/Copyright Policy

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please visit our DMCA/Copyright Policy [make this a hyperlink].

Links To Third Party Websites

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 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.

Errors, Inaccuracies and Omissions in the Service

Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “AS IS” and “AS AVAILABLE” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, 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, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or your use of the Service or any products procured from the Service.

Entire Agreement

These Terms constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us with respect to the Service. The Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and us agree to submit to the personal and exclusive jurisdiction of the courts located within Nevada County, California. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign your rights or delegate your duties under this Agreement either in whole or in part without the prior written consent of BRI, and any attempted assignment or delegation without such consent will be void. We may assign or delegate this Agreement in whole or part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.