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Terms and Conditions for Model419 Website
The following Terms and
Conditions ("Agreement") sets forth the terms upon which Metal Cuts,
L.L.C. ("MC") offers you the Customer or User
("you"/”your”) access to its Model419 Web site ("site") and
the terms you accept by accessing this site or purchasing products offered
within this site. Your access of
this site constitutes your acceptance and agreement to the following terms and
conditions:
Usage of the Site
You agree to use this site
only for lawful purposes, and agree that you are responsible for your use of,
communications, and postings on this site. You agree not to post on, provide access to, make available,
or transmit through this site any unlawful, infringing, threatening, harassing,
abusive, libelous, defamatory, vulgar, obscene, profane, indecent, offensive,
hateful, pornographic or otherwise objectionable material of any kind,
including without limitation, any material that encourages or solicits criminal
conduct or conduct that would give rise to civil liability, infringes others'
intellectual property or other rights, discloses private or personal matters
concerning any person, concerns products or items outside the scope of the
particular bulletin board room, or otherwise violates any applicable local,
state, national, foreign or international law including, without limitation,
those relating to export control, consumer protection, unfair competition,
anti-discrimination or false advertising.
You agree not to use or
allow others to use this site in any manner that interferes with its operation
or with any other user's use and enjoyment of this site. You agree to not post or transmit on
this site any file or code that contains viruses, worms, "Trojan horses,"
or any other contaminating or destructive features.
You agree not to post or
transmit on this site any charity requests, petitions for signatures, chain
letters, letters relating to pyramid schemes or similar documents. You agree not to post, provide access
to, make available or transmit on this site any advertising, promotional
materials or any other solicitation of other users of this site for goods or
services.
You agree that you will
not access this site from any jurisdiction where its use or contents is
illegal, and that you are responsible for compliance with applicable local laws
and will not hold MC and its owners, assignees, agents, employees, contractors,
manufacturers, suppliers, or other affiliates (“Agents”) liable for your
violation of any laws.
You agree that you will
not access this site by any means except through the interface and physical
interface device (“PID”) provided by MC for access to this site and that you
will not link from a page on another site to any page on this site except the
home page located at http://www.model419.com. You agree to maintain the security of your PID on this site, and
other confidential information relating to the use of this site and your PID on
this site. You further agree that
any robots, spiders, crawlers or other automated software that you use to
access this site shall comply with the Standard for Robot Exclusion and shall
use and comply with this site's robots.txt files.
You agree to be
responsible for all uses and/or charges resulting from the use of your account
on this site, including charges resulting from unauthorized use of your account
prior to your taking steps to prevent such occurrence by changing your password
and notifying MC.
By
using this site, you may be exposed to content that you may find offensive,
indecent, inaccurate, misleading, or otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with the use of this site and
any content on the site, including, but not limited to, whether you should rely
on such content.
Copyright
MC is the copyright owner of this site and no portion of this site,
including but not limited to the text, images, audio or video, may be used,
reproduced, distributed or transmitted in any manner, or for any purpose,
without MC’s express written permission. Without in any way waiving any of the
foregoing rights, you may download one copy of the material on this site for
your personal, non-commercial home use only, provided you do not delete or
change any copyright, trademark or other proprietary notices. Modification or use of the material on
this site for any other purposes violates MC’s legal rights.
User Submissions
MC is not responsible for
monitoring, screening, policing or editing the information or materials posted
on, submitted to, accessed or transmitted through this site. MC does not and cannot monitor all
information or materials posted on, submitted to or transmitted through this
site. However, MC reserves the
right to delete, block (including without limitation a user's PID and password)
and/or remove any information or materials that MC, in its sole discretion,
deems to be unlawful, infringing, defamatory, libelous, abusive, threatening,
obscene, offensive, fraudulent, deceptive, inappropriate or otherwise
unacceptable to MC or any other party. If notified of any such information or
materials on this site, MC will determine in its sole discretion whether to
remove such content from this site.
You shall not upload, post
or otherwise make available on this site any material protected by copyright,
trademark or other proprietary right without the express permission of the
owner of such copyright, trademark or other proprietary right and the burden of
determining that you have such permission rests with you.
MC respects the intellectual property rights of
others, and requests that site users do the same. If you think your work has been used in a manner that may
constitute copyright or trademark infringement, you may notify MC at:
http://www.model419.com
Metal Cuts, L.L.C.
Attention: Support
P.O. Box 711549
Salt Lake City, UT 84171
United States
Please
include all of the following in your notification:
-
A physical or
electronic signature of the person authorized to act on behalf of the owner of
an exclusive copyright or trademark that is allegedly infringed;
-
A description
of the work you claim has been infringed.
-
A description
of where the material you claim is infringing is located on this site.
-
Your address, telephone
number, email address, and all other information reasonably sufficient to
permit MC to contact you.
-
A statement
from you that you have a good faith belief that the disputed use is not
authorized by the copyright or trademark owner, its agent, or the law.
-
A statement
from you, made under penalty of perjury, that the above information in your
notice is accurate, and that you are the copyright or trademark owner, or
authorized to act on behalf of the owner, of an exclusive right that is
allegedly infringed.
You agree to grant to MC a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to
sublicense, reproduce, distribute, transmit, provide access to, make available,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to public areas of this
site (such as bulletin or message boards, forums and newsgroups) by all means
and in any media or any mode of distribution now known or hereafter developed.
You also grant to MC the right to use your name, image, likeness, biographical
data, and statements made in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto.
You agree that you shall
have no recourse against MC for any alleged or actual infringement or
misappropriation of any proprietary or other right in your submissions, postings
or communications to MC.
Termination
MC may, in its sole discretion,
terminate or suspend your access to all or part of the site for any reason,
including without limitation, breach of this Agreement.
No Warranty
MC and its suppliers provide this site and any
related services "as is" and without any warranty or condition,
express, implied or statutory. Use
of this site is at your sole risk.
MC does not guarantee continuous, uninterrupted, error-free or secure
access to this site or its services, and operation of its site may be
interfered with by numerous factors outside of its control. MC and its suppliers specifically
disclaim any implied warranties of title, merchantability, fitness for a particular
purpose and non-infringement. Some
states do not allow this disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
You may have other legal rights, which vary from jurisdiction to
jurisdiction.
Guarantee and Returns:
MC spares no expense in the crafting or quality of
its products. MC holds its Agents
to strict standards and takes extra measures to ensure its customers receive
high quality products that are 100% inspected and cleaned.
ALL SALES ARE FINAL. MC DOES NOT ACCEPT ANY RETURNS.
In the unlikely event there are any errors with
your order, you may contact MC at support@model419.com.
Limitations of Liability
As used in this document, the term “damage” relates
to any indirect, incidental, special or consequential damages, loss of
business, lost profits, lost opportunities, delay damage, bodily injury, death,
property damage, damage to equipment, legal proceedings, or other injury.
By agreeing to these Terms and Conditions, you
agree to hold MC and its Agents harmless from any damages caused by any product
misuse, failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration of, or use
of digital records, whether for breach of contract, tortious behavior,
negligence, or under any other cause of action. You specifically acknowledge
that MC is not liable for the defamatory, offensive or illegal conduct of you,
other users or third parties and that the risk of injury from the foregoing
rests entirely with you.
You agree to use the products offered herein with
tobacco ONLY. You understand that
these products are not intended for use or in conjunction with any controlled
or illegal substances. You agree
to hold MC and its Agents harmless from any damage you may incur as a result of
your misuse of the products offered herein.
You agree you are observing, to the best of your
knowledge, all International, Federal, State and/or Local laws when purchasing
the products offered herein. You
agree to hold MC and its Agents harmless from any damage that may occur as a
result of your breach of any law in any jurisdiction.
You agree to hold MC and its Agents harmless from
any damage arising out of or in connection with this site, the services
available on this site or this Agreement (however arising, including, without
limitation, negligence). Furthermore, you agree to hold MC and its Agents
harmless from damage even if they have been advised of the possibility of such
damage. MC’s liability to you for
all losses, damages, injuries, and claims of every kind (whether claimed under
contract, negligence, tort or other legal theory) will under no circumstances
exceed the amount you paid for the order. However, in certain states the law
may not permit MC to limit or exclude liability for special, incidental,
consequential or lost profit damages.
Third-Party
Content
MC and its Agents shall not be held liable for the
content of any product reviews, blogs or other comments displayed in any publication
in any format. It shall not be
held liable for any photographs, videos or other images depicting Customers’
use of the products offered herein, whether on this site or in any third-party
setting. Such materials in no way
constitute or imply any endorsement, recommendation or favoring by MC or its
Agents.
MC and its Agents neither represent nor endorse the advice, opinions, statements, or other information displayed, uploaded, or distributed by any user, information provider or any other third-party.
This site may contain links to third-party Web
sites. These links are provided
solely as a convenience to you.
The inclusion of third-party web site links in no way indicates
endorsement, affiliation, or association between MC and its Agents and the
owners and/or operators of such third-party Web sites, unless specifically
stated otherwise. MC and its
Agents are not responsible for the content of linked third-party Web sites and
do not make any representations regarding the content or accuracy of materials
on such sites. If you decide to
access third-party Web sites, you do so at your own risk. Different terms of
use may apply to any linked site.
Disputes,
Claims and Limitations of Liability
You hereby indemnify, defend and hold MC and its
Agents harmless from and against any liability, claim or demand, including
reasonable attorneys’ fees, or costs made by any third- party due to or arising
out of your breach of this Agreement or the documents it incorporates by
reference, or your violation of any law or the rights of any third-party.
You shall cooperate as fully as is reasonably
required in the defense of any claim.
MC reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
Health Warning
As smoking may be hazardous to one’s health, MC
does not advocate smoking by any persons.
The U.S. Surgeon General’s office warns against
smoking tobacco because it can lead to lung cancer, heart disease and
emphysema. Additionally, it warns
smoking by pregnant women may result in fetal injury, premature birth and low
birth weight. Quitting smoking now
greatly reduces serious risks to your health.
The information contained in this
disclaimer and cautionary instructions, and all of the documents and literature
associated with this site and its products was developed for informational
purposes only. We cannot assert claims that smoking from Model419 is safer or
more healthful than using other smoking accessories. In no way is any of the
information contained on this site or in these documents intended to be a
medical or prescriptive guide or to be used for diagnosing or treating a health
problem or disease. Additionally,
this product is not intended for use with drugs,
controlled substances, or illegal substances of any kind.
Privacy of Children
MC is opposed to the use of tobacco by Minors.
This site and the products
offered herein are not directed toward any minor. MC does not engage in any
advertising, promotion, or marketing to Minors. MC complies with the requirements of COPPA (Children’s Online
Privacy Protection Act). MC does
not permit minors to access its service and will not knowingly collect or use
personally identifiable information from anyone under 13 years of age. If you are under the age of 13, please
do not provide any information about yourself, including your name, address, or
e-mail address. If we discover
that we have collected information from a child 13 years of age or younger, we
will remove that information from our database as soon as possible.
This requirement is clearly posted before any User
is allowed to enter this site, view or purchase the products offered
herein.
MC restricts its marketing mailing list to
individuals who have certified or represented that (1) they are 19 years of age
or older, and of a legal age to purchase tobacco
smoking accessories in the locality in which they live and/or access
this site, (2) they want to receive mailings from MC, and (3) they understand
that providing false information may constitute a violation of law. If an
individual wants to be removed from MC’s marketing mailing list, we make it
easy to do so and we act promptly on all such requests. He or she can e-mail support@model419.com.
MC takes several other steps to prevent persons under
the age of 19 from accessing this site or purchasing the products offered
herein.
Legal
This Agreement has been made in and shall be construed and
enforced in accordance with the laws of the State of Utah without giving effect
to conflict of laws principles.
Any action concerning this Agreement shall be brought in the State of
Utah and the parties hereto consent to personal jurisdiction in Utah. In the event that one party fails to
perform as required by this Agreement, the party at fault agrees to pay all
costs incurred to enforce this Agreement, including a reasonable attorney's fee
whether or not judicial proceedings are commenced.
Furthermore, you acknowledge that use of this site is unauthorized
in any jurisdiction that does not give effect to all provisions of this
Agreement, including without limitation this paragraph.
A printed version of this Agreement, and any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
generated and maintained in printed form.
MC is incorporated in the State of Utah in the
United States of America. MC recognizes that it is possible for you to obtain
access to this site from any locality in the world, but MC has no practical
ability to prevent such access. This site has been designed to comply with the
laws of the State of Utah and the federal laws of the United States. If any material on this site, or your use
of this site, is contrary to the laws of the locality in which you live and/or
access this site, this site is not intended for you, and we demand that you not
use this site.
Severability
If any provision of this Agreement is held to be
invalid or unenforceable, the enforceability of all other provisions shall not
be affected and they shall remain in full force and effect.
Headings
Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section.
Breach of Contract
MC’s failure to act with respect to a breach by you
or others of this Agreement does not waive its right to act with respect to
subsequent or similar breaches.
Agreement Modification
The information, software, products, offers, data
and services published on this site may contain inaccuracies or typographical
errors which MC reserves the right (without notice) to unilaterally correct.
Furthermore, MC shall have the right at any time to change or modify the terms
and conditions applicable to your use of this Site or any part thereof, or to
impose additional or new conditions.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means, including without
limitation, posting on this site.
Any use of this site by you subsequent to notice thereof shall
constitute acceptance by you of all such changes, modifications, or additions.
It is your responsibility to remain informed of the terms and conditions of
this Agreement.
Legal Compliance
You acknowledge these products are
for tobacco use ONLY. None of the
products offered herein are designed, manufactured, or marketed for use with
any controlled substance or for any illegal purpose.
You acknowledge that MC does not
intentionally or knowingly sell/deliver an item that is intended for use,
manufactured for use, or marketed for use with a controlled substance.
You acknowledge you are responsible
for informing yourself of and complying with the laws of the locality in which
you live and/or access this site; that you are aware of and are not violating
any of the laws of your locality and that you intend to use the products
offered herein for their intended purpose ONLY.
You acknowledge and agree that you
are purchasing products that are for use with tobacco ONLY by consumers 19
years of age or older, and who are of a legal age to purchase tobacco smoking
accessories in the locality in which they live and/or access this site.
You acknowledge that you meet the age
requirements set forth herein.
You acknowledge that MC does not sell
tobacco, cigarettes, cigars, legal herbs or any other related products.
Acceptance of Agreement
This Agreement sets forth the entire understanding
and agreement between you and MC with respect to the subject matter hereof.
By accepting this Agreement, you verify that you
are 19 years of age or older, and of a legal age to purchase tobacco smoking
accessories in the locality in which you live and/or access this site; that you have read, clearly understand and unconditionally
agree to abide by all terms, conditions, cautions and warnings set forth
herein.
