TERMS OF USE OF THIS SITE

IMPORTANT!

PLEASE READ THIS LEGAL STATEMENT AS WELL AS OUR PRIVACY POLICY CAREFULLY AS THESE TERMS AND CONDITIONS SHALL GOVERN YOUR USE OF OUR SITE.

WE RESERVE THE RIGHT TO REFUSE THE SALE OF GOODS TO ANYONE INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS PURCHASING PRODUCTS OR SHIPPING PRODUCTS TO THE FOLLOWING STATES: IDAHO, IOWA, NORTH DAKOTA, PENNSYLVANIA AND SOUTH DAKOTA.

Simba Glass (“Simba”) operates Simbaglass.com (the “Site”) to provide information about Simba and its products. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to certain areas of the Site or to particular content or transactions are also posted in the relevant areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to herein as the “Agreement.” Simba reserves the right to amend, alter or modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. If you do not agree to these terms and conditions of use, you do not have permission to use and should cease all further use of the site. These Terms of Use were last revised on April 18, 2014. Further, Simbaglass.com, and/or its owners, operators, staff and/or successors and/or assigns further reserve the right, in their sole and absolute discretion, to terminate your access to the Site and their products and services or any portion thereof, at any time, without notice.

1. Use of Site

YOU MUST BE AT LEAST 18 YEARS OLD TO PURCHASE PRODUCTS FROM THIS SITE. BY PLACING AN ORDER ON THE SITE YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU INTEND TO USE OUR PRODUCTS FOR LEGAL PURPOSES ONLY. The products sold on the Site are intended to be used to smoke legal tobacco products by persons of legal smoking age. The information provided on the Site is for educational and entertainment purposes only. Simba does not expressly or impliedly condone or advocate any illegal activities and the products are not intended to be used with illegal drugs.

2. ALL PURCHASES ARE FINAL.

By purchasing from this Site, you are expressly acknowledging and agreeing that all sales are final. As a courtesy to customers living in the 48 contiguous United States, Simba will review claims regarding damages or defective products provided that customer submits a claim to simbaglass1@gmail.com within twenty-four (24) hours of such product’s delivery.

3. Intellectual Property

The Site and the information, writings, images and/or other works (singly or collectively, the “Content”) are protected by U.S. and/or foreign copyright laws, and belong to Simba or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Simba or other copyright owners who have authorized their use on the Site. Simba reserves all rights thereto. You may not manipulate or alter in any way images or other Content on the Site. All trademarks, slogans, service marks, trade names, and trade dress are proprietary to Simba and/or our partners, affiliates, licensors or licensees and you are prohibited from using the foregoing without the express written permission from the trademark owner, except as otherwise permitted by law. You further acknowledge and agree that nothing in these Terms of Use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights in the site or content or any part thereof to you or any third party nor to authorize you to create derivative works based on the Content. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title. Further, you acknowledge that we may change the Site or delete Content or features at any time, in any way, for any reason. Except as we specifically agree in writing, no Content from our Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way, not even as part of a derivative work.

4. Links to Third-Party Web Sites

Simba may, from time to time, link to other websites. Such links are provided solely as a convenience to you. If you click on such links, you will leave the Simbaglass.com site. Notwithstanding the provision of such links, you understand that such links do not constitute or imply an endorsement, sponsorship, or recommendation by Simba of the third party, the third-party web site, or the information contained therein, nor is Simba responsible for the availability of such website. Further, Simba is not responsible or liable for any such web site or the content thereon. When you click links to other websites, we encourage you to read their privacy policies and Terms of Use as their standards may differ from ours.

5. Disclaimer of Warranties

SUBJECT TO APPLICABLE LAW, SIMBA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THE SITE. SIMBAGLASS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SIMBA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED, OR THAT ANY SIMBAGLASS.COM SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. SIMBAGLASS.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Simbaglass.com cannot and does not assume any liability from user Content posted to the site. Reliance on any information appearing on our Site is strictly at your own risk. This site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content generated by our users. The Content of this Site is intended for educational and entertainment purposes only.

6. Limitation of Liability

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCE SHALL SIMBA OR ANY OF ITS OWNERS, OPERATORS, STAFF, OR SUCCESSORS OR ASSIGNS BE HELD LIABLE FOR THE CONSEQUENCES OF ILLEGAL USE OF OUR PRODUCTS OR INFORMATION PROVIDED BY OUR SITE, OR ANY LAWYER’S FEES OR OTHER LEGAL RECOURSE RESULTING FROM THE PURCHASE AND/OR USE OF ANY OF SIMBA’S PRODUCTS. Simbaglass.com does not condone, tolerate, or support any illegal conduct and hereby expressly disclaims any and all liability for any claims or damages which result from any postings by third parties.

FURTHERMORE, SIMBA IS NOT LIABLE ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE CONTENT OR, OUR PRODUCTS; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF SIMBAGLASS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SIMBAGLASS.COM´S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO THIS SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Simba, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, officers, directors, employees, agents, and/or their assigns, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys´ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

8. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

9. Password Security

If you register to become a Simbaglass.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

10. General Provisions, Venue and Governing Law

a. Subject to the requirements of applicable consumer rights and other laws, you agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed, and that venue properly lies, only in state or federal courts located in Los Angeles, California, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content on the site is appropriate or available for use in any particular location. Those who choose to access the site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

b. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

c. These Terms of Use take effect as an agreement and separately as a notice, which limits the basis on which Simba makes the site available. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY SIMBAGLASS.COM SITE MUST COMMENCE WITHIN ONE (1) YEAR (OR THE MINIMUM APPLICABLE STATUTORY PERIOD, IF LONGER) AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

d. Supply of goods, services and software through the site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Simbaglass.com site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department’s Specially Designated Nationals List or the United States of America Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

e. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Simba of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

f. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Simbaglass.com therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Simbaglass.com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

11. How Simba Uses Your Personal Information

Simbaglass.com collects personal information primarily to make our products more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers’ preferences. We may also use your information to contact you for account and promotional purposes. Please see Simba’s Privacy Policy for additional information.

12. Email Address Usage

We use e-mail addresses to send out newsletters and other announcements with information about Simbaglass.com’s new products, gifts and special features. When you register, you can choose not to receive these announcements by opting-out of delivery. If you receive an e-mail and want to avoid further messages, look at the end of the e-mail for instructions on how to remove yourself from the mailing list. You can also edit your e-mail preferences at Simbaglass.com’s My Account.

13. Amendment

Subject to applicable law, at any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms of Use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the website covered by these Terms of Use. Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

14. TERMINATION

These Terms of Use are effective until terminated by either us or you as follows: You may terminate these Terms of Use at any time by discontinuing use of the site and deleting your account. We may immediately terminate these Terms of Use with respect to you (including your access to the site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these Terms of Use.

Upon termination, you must cease use of the site and destroy all materials obtained from the site and all copies thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

Welcome to Simba Glass

Please take a moment to read our agreement. 

Limitation of Liability; Disclaimer; Return Policy

IMPORTANT INFORMATION REGARDING SIMBAGLASS.COM’S RETURN POLICY – YOU MUST AGREE TO THIS DISCLAIMER TO COMPLETE YOUR PURCHASE

SimbaGlass.com (“Simba”), will permit exchanges only on merchandise shipped within the 48 contiguous United States, except that Simba will not sell to or ship to customers based in the following states:  Idaho, Iowa, North Dakota, Pennsylvania or South Dakota provided, however the Buyer submit an online claim to Simba within 24 hours after receipt of such merchandise from Simba.

While Simba has agreed to ship its products outside of the 48 contiguous United States, including without limitation, Hawaii, Alaska and Puerto Rico, or out of the country, Simba assumes no liability whatsoever with respect to damage to such merchandise in the course of shipping such products outside of the United States of America, whether such damage is as a result of the shipment or while such merchandise is being inspected by customs officials in the relevant jurisdiction. By purchasing this merchandise for shipment to Hawaii, Alaska, or Puerto Rico, or beyond the 48 contiguous United States, you are expressly acknowledging and agreeing that YOU ARE PURCHASING THIS MERCHANDISE AT YOUR OWN RISK.  Further, to the extent permitted by applicable law, Simba expressly disclaims ANY CLAIM OF ANY KIND RELATED TO PRODUCTS LIABILITY AND/OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE for such merchandise, it being expressly understood that Simba shall not be held liable for any claim whatsoever related to any defect, product liability or other related claims for the merchandise produced, manufactured, sold or otherwise distributed by Simba or any third party.

Further, to the extent permitted by applicable law, in no event shall Simba or any of its officers, directors, employees, agents, representatives, information providers or licensors, be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (regardless of the form of action) related to the merchandise.