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TOWER GLASS GALLERY TERMS AND CONDITIONS OF USE

IF YOU ARE UNDER THE AGE OF 21, PLEASE EXIT THIS SITE NOW

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

  1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use towerglassgallery.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Tower Glass Gallery (“TGG”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at towerglassgallery.com/termsofuse. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. All products on this website are intended for legal use and may not be used, or discussed in a manner that is illegal. As the consumer it is your responsibility to know your local and state laws before making your purchase. It is illegal to use drug paraphernalia slang when referring to one of our tobacco pipes in the State of California. If you do, you will be denied service as required by law. Any communication that includes the use of such illegal terms will not be answered by TGG and will be deleted from our system without notice. All governmental employees, agencies, or agents must identify themselves to the operators of TGG upon entering this Site and when ordering any products from the Site. TGG reserves the right to request a scan of any customers photo ID for age verification before shipping an order. All of the products listed on this Site are traditionally and solely intended for tobacco use or concentrated essential oils, by legal adults. You must be 21 years old to purchase anything from this Site, even when 18 years old is the minimum age requirement in certain jurisdictions). Do not purchase products on this Site for use by anyone else. Your use of any products on this Site is entirely at the risk and discretion of you and TGG will not be responsible for any use or misuse of the products sold herein. TGG does not sell cigarettes, roll-your-own products or smokeless tobacco products. TGG does not wholesale any cigars, tobacco products or other tobacco related products and does not sell any cigars, tobacco products or tobacco related products to retailers. The resale of any products listed on this Site is prohibited. All products sold on this Site are intended for personal use and consumption by our customers.
  2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at towerglassgallery.com/privacypolicy.
  3. Ownership. All content included on this site is and shall continue to be the property of TGG or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
  4. Intended Audience. This website is intended for adults only. This website is not intended for use by anyone under the age of 21.
  5. Trademarks. TGG’s logo, all content on the Site, all content on any of the Site’s blog posts, and others are either trademarks or registered trademarks of TGG. Other product and company names mentioned on this Site may be trademarks of their respective owners.
  6. Site Use. TGG grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of TGG and TGG may terminate your use of this website at any time.
  7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  8. Indemnification. You agree to indemnify, defend and hold TGG and our partners, vendors, suppliers, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
  9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TGG DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
  10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TGG BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  1. Use of Information. TGG reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  2. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Tower Smoke who can be reached as follows:

By Phone: 559-360-1335

By E-mail: nadal@towerglassgallery.com

  1. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws, will govern these Terms and Condition of Use and any dispute that may arise between you and TGG or its affiliates.
  2. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  3. Waiver. The failure of TGG to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by TGG must be in writing and signed by an authorized representative of TGG.
  4. Termination. TGG may terminate this Agreement at any time, with or without notice, for any reason.
  5. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  6. Entire Agreement. This Terms of Use constitutes the entire agreement between you and TGG and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TGG with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. TGG may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  7. Third Party Advertisements and Links to Third Party Sites

TGG may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites, on the Site. TGG is not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any such advertisement or link does not imply endorsement by TGG of the advertisement or linked site or any content therein. IN NO EVENT WILL TGG BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISMENT, ANY LINKED THIRD-PARTY SITE OR NY LINK CONTAINED IN A LINKED SITE.

  1. Feedback and Submissions

TGG welcomes your feedback and suggestions about TGG’s products or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to TGG, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to TGG and enable TGG to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for TGG to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

  1. This Site is for United States Use Only

We control and operate the Site from our offices in California. We make no representation that any of the materials or the products to which you have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws, rules and regulations.

  1. Contact Information

Tower Glass Gallery

559-412-8466

info@towerglassgallery.com

  1. United States Code 21-863

United States Code 21-863 refers to all materials used to manufacture tobacco accessories; metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes. Specifically, pipes with carburation devices (third holes) are considered to be paraphernalia regardless of the material used to manufacture the pipe. Traditional tobacco accessories like pipes, cigar and cigarette holders, and hookah/shisha pipes are not included in the list of Contemporary accessories. The United States Supreme Court case entitled U.S. v. Posters & Things upholds United States Code 21-863 as the objective standard by which paraphernalia is judged. Further, it describes other relevant factors in this determination to include whether the owner is a licensed distributor or retailer of tobacco products. As of the date of these Terms of Use, ten states have adopted USC 21-863 as state law and other states are in the process of adoption. All other states have either less rigorous subjective statutes or no law on this subject at all on their books.  

  1. SURGEON GENERAL’S WARNING

Smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy. Quitting smoking now greatly reduces serious risks to your health. Smoking by pregnant women may result in fetal injury, premature birth, and low birth weight. Cigarette smoke contains carbon monoxide.

  1. No Products On This Site Are To Be Used As A Medical Device

If you purchase any products from this Site, including any vaporizers and/or electronic cigarettes, you agree that they are not to be used or relied upon as a medical device. The information on this Site is not intended to be used as a diagnosis, treatment or cure. Some people may experience an allergic reaction or other side effects of aromatherapy vapors and/or electronic cigarettes. Please consult your physician prior to using a vaporizer and/or electronic cigarette, or if you experience any adverse effects. Vaporizers and/or electronic cigarettes are intended for aromatherapy, delivery of aromatic blends, or smokeless use of tobacco only.

 

  1. Shipping

TGG does not offer shipping to third parties as gifts or otherwise. We are only able to ship our product(s) to those who have purchased it and agreed to our terms and conditions. As a result, TGG will only ship products to the credit card holders name. TGG does not guarantee that customs will not confiscate the products ordered by international customers. In the event your package is seized we will not refund any payments to you and a reshipment of your order will not be provided. You are solely responsible for knowing the import restrictions on any of the products that you order and that may apply in your country of delivery.

  1. Returns

TGG is not able to accept returns, exchanges or offer full or partial refunds for products that have been used, however slight. It is your responsibility to inspect all items prior to use. In the event you would like attempt to return a product, please be sure to package it the same way it arrived to ensure that it does not break on the way back to TGG. TGG recommends that you purchase shipment insurance that covers at least the full amount of your order. If you choose not to purchase insurance and your shipment is damaged, TGG will not offer you a refund. Shipping and handling fees are non-refundable and you are responsible for any return shipping fees incurred.

  1. Typographical Errors

In the event a product is mistakenly listed at an incorrect price or shown as being in stock when it is not, TGG reserves the right to refuse or cancel any orders placed for those products whether or not the order has been confirmed and the credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TGG shall issue a credit to your credit card account in the amount of the incorrect price.

  1. States and Countries TGG Is Prohibited From Shipping To

TGG can ship non-tobacco products to any country in the world (except where prohibited by law), but there are some restrictions on the shipment of tobacco products. Below is a list of countries and states that TGG is prohibited from shipping tobacco products and accessories to:

  • Oregon
  • Pennsylvania
  • Belarus
  • Belize
  • Bolivia
  • Brazil
  • Ecuador
  • Gabon
  • Greece
  • Iceland
  • Italy
  • Kazakhstan
  • Lebanon
  • Maldives
  • Malta
  • Mauritania
  • New Caledonia
  • Norway
  • Portugal
  • Russia
  • Sri Lanke
  • Ukraine
  • Vietnam
  • Wallis & Futuna Islands
  1. Changes to Terms

TGG reserves the right, at its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. A “last updated” date is given at the bottom of this page, at the end of these Terms, to signify the last date any changes were made to these Terms. TGG encourages you to periodically review the Terms to stay informed of our updates, as any changes made to these Terms will only be made public via an appropriate change to the “last updated” date at the bottom of this page.

  1. California Consumer Rights and Notices

 

California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy.

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.

Although users are required to be twenty-one (21) years of age or older to use the Site, as required by California law, if any California residents under the age of eighteen (18) have improperly registered to use the Site, and have posted content or information on the Site, they can request that such information be removed from the Service by contacting us at the e-mail or address set forth above stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified and will terminate the unauthorized account. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

LAST UPDATED ON: June 18, 2019

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