Terms of service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PURR’S SERVICES
ACCEPTANCE OF TERMS AND CONDITIONS
These Terms and Conditions (“Terms and Conditions”) are applicable to any use of PURR’s (“the Company”) website, purrsmoking.com (“the Website”), and the services and/or products listed therein. Use of the Company’s Website, includes but is not limited to visiting, browsing, participating in offers, purchases, services and agreements located in the Website.
All Users (“the User” or “you”) acknowledge and guarantee that you are 21 years of age or older and that all information you submit is accurate and truthful. It is your sole responsibility to know your local, state, and country’s regulations regarding the sale of all items on the Website.
The items contained on the Website are being sold as collectible glass art and are intended for ornamental purposes or for the strict legal use with tobacco products. Items on the Website are not condoned for use with controlled substances or in any way that is illegal. Any and all communication in a manner that is illegal will be immediately terminated and is strictly prohibited.
Government employees, agencies, agents and/or individuals acting on behalf of a governmental agency must identify themselves to Purr upon entering the Website, and when ordering or attempting to purchase any products from the Website.
ACTIVITIES AND ASSOCIATED RISKS
The User acknowledges that they have chosen to participate in the following Activities:
Online course or in-person event that instructs individuals how to handle and operate inherently dangerous glassblowing equipment, and use the equipment to create their glass utensils of choice.
The User understands that the Activities are hazardous, and User may be exposed to inherent dangers and hazards, including but not limited to some of the following (depending on the nature of the Activities): minor to severe burns to the outer extremities and/or lungs, injuries resulting from glass breakage and burns, puncture wounds, overheating, inhalation of particulate matter and harmful chemicals, fainting, dryness of skin, choking, difficulty breathing, loss of sight, vision impairment, cataracts, chemical reactions resulting in combustion, exposure to allergens which could cause life-threatening reactions, death, equipment failures, and negligence of others.
As a consequence of these risks and other risks associated with the Activities that may not be listed here, User may be seriously ill, hurt, disabled or may die from the resulting injuries, and/or their property may also be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited or unavailable during portions of the Activities; and the Company assumes no responsibility for providing medical care during the Activities, and User will have to pay for any medical care and/or evacuation that they incur. In consideration of the permission to participate in the Activities, User agrees to the terms contained in this document.
ASSUMPTION OF THE RISKS
User hereby assumes the inherent risks as well as any other risks not listed that are part of these Activities, and any harm, injury, illness, or loss that may occur to the User or their property as a result of their participation in the Activities, including any injury, illness, or loss caused by the negligence of the Company, its employees, agents and officers, its contractors, and other Activities participants. User also understand that any equipment that the User provides or may buy, borrow, or rent from the Company, if applicable, or any other provider the User uses at the User’s own risk and that any such equipment is provided without any warranty about its condition or suitability.
CHANGES AND MODIFICATIONS
The Company reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting updated terms on the Website. Continued use of the Website following such changes will indicate your acknowledgement of such changes and agreement to the Terms and Conditions, without limitation or qualification.
WEBSITE ACCESS AND SECURITY
The Company will do it’s best to ensure that the Website is operational at all times, except for periodic down times relating to updates and maintenance. The Company will not be liable if for any reason the Website is unavailable at any time or for any period. The Company will provide a customer support e-mail and will respond within a reasonable time period to all service and help requests. The Company will not, and cannot, be held responsible for internet outages, poor connections, or other connectivity issues beyond the Company’s control.
To access the Website or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide is correct, current, and complete.
The Company reserves the right to disable any e-mail account, user name, password, or any other identifier at any time in our sole discretion for any or no reason, including if a violation of these Terms have occurred.
INTELLECTUAL PROPERTY
All content included on the Website, including but not limited to text, graphics, images, and code, are the intellectual property of Purr. The Website is available only for your personal, non-commercial use. You may not copy, reproduce, republish, post, distribute, transmit, or modify in any way any part of this site without prior written consent by Purr.
GEOGRAPHIC RESTRICTION
The Website is controlled and operated by Purr from the United States, and Purr makes no representation that the information and materials in this site are appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.
THIRD PARTY LINKS
Occasionally the Website may be linked to other sites, however is not directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Website you acknowledge and agree that the Website has not reviewed all the Websites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
DISCLAIMER
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
RELEASE OF LIABILITY
The User agrees to release the Company, it’s employees, agents, officers, and contractors, from all liabilities, causes of action, claims, and demands that arise in any way from any injury, illness, death, loss or harm that may occur to the User or any other person or to any property during the Activities.
Further, the User agrees that the Company shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Website, (2) the unavailability or interruption of the Website or any features thereof, (3) your use of the Website, (4) the content contained on the Website, or (5) any delay or failure in performance.
INDEMNIFICATION HOLD HARMLESS AND DEFENSE
The User agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS Purr, its officers, directors, employees, agents, licensors and suppliers ("Service Providers") from any and all liabilities, illegal activity, legal recourse, or lawyer's fees resulting from the purchase and/or use of any of the Company’s products and/or services, including claims from the Company’s negligence. You also agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Company and its Service Providers against any and all claims for the User’s own negligence, and any other claim arising from the User’s conduct during the Activities.
In accordance with these promises, the User agrees to reimburse the above-referenced parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. The User agrees that in the event of their death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on the User’s estate, and their personal representative, executor, administrator or guardian will be obligated to respect and enforce them
VIOLATIONS OF THESE TERMS AND CONDITIONS
Any User who violates these Terms may be blocked from future access from using the Website. The Company may terminate your access to the Website without cause or notice, which may result in forfeiture or destruction of all information associated with you. All provisions of these Terms of Service shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
DISPUTE RESOLUTION
You agree that any legal controversy or legal claim arising out of or relating to these Terms of Service or the Website shall be settled solely by confidential binding arbitration in accordance with the rules and procedures set forth by the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California and pursuant to the AAA’s commercial arbitration rules. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys' fees.
SEVERABILITY
The User agrees that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by California law. The User agrees that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. The User also agrees that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
COMPLAINTS OR CONCERNS
If you have any complaints or concerns regarding our Website, please contact us at support@purrsmoking.com.
NOTICE TO CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at support@purrsmoking.com.