By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
All products on this Site are intended for legal use with tobacco products only and are not intended to be used with illegal or controlled substances or discussed in any manner that is illegal under federal, state or local laws. As the consumer it is your responsibility to know your federal, state and local laws before making your purchase.
You agree that TDS is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site at your own risk.
TDS's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 may not use TDS's services. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful by using this Site. Product purchases from thedabstore.com may only purchased by individuals who are 18 years of age (21 years of age in some jurisdictions). TDS may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
You agree to comply with all local laws regarding online conduct and use of the Site. You are responsible for all applicable taxes. In addition, you must abide by TDS's policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by TDS, each of which is incorporated herein by reference and each of which may be updated by TDS from time to time without notice to you.
Government employees, agencies, agents and/or individuals acting on behalf of a governmental agency must identify themselves to TDS Glass LLC upon entering the Site, and when ordering or attempting to purchase any products from the Site.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by TDS from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify TDS of any unauthorized use of your password or any breach of security. You also agree that TDS cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than TDS without TDS's express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To purchase items on the Site you must provide and/or maintain valid payment information such as valid credit card information or a valid PayPal account.
You may not transfer or sell your TDS account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
TDS's services are not available to temporarily or indefinitely suspended TDS users. TDS reserves the right, in TDS's sole discretion, to cancel any orders, unconfirmed or inactive accounts. TDS reserves the right to refuse service to anyone, for any reason, at any time.
PROHIBITED, QUESTIONABLE AND INFRINGING ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
Your use of the Site shall not:
Be false, inaccurate or misleading
Be fraudulent or involve illegal activities
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including TDS staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with TDS;
Appear to create liability for TDS or cause TDS to lose (in whole or in part) the services of TDS's ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or any other policy documents as posted by TDS.
TDS does not claim ownership rights in your Content. You grant TDS a license solely to enable TDS to use any information or Content you supply TDS with, so that TDS is not violating any rights you might have in that Content. You grant TDS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow TDS to store or re-format your Content on TDS and display your Content on the Site in any way as TDS chooses.
TDS has not granted you a license to use the Site or any information obtained from using the Site for unsolicited commercial messages.
By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold TDS harmless for any dispute concerning this use. If you choose to display your own TDS-hosted image on another website, the image must provide a link back to the Site.
TDS considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (collectively, the "Material") to be non-confidential and non-proprietary, and TDS shall not be liable for the disclosure or use of such Material. If, at TDS's request, any user sends Material to improve the site (for example through the Forums or to customer support), TDS will also consider that Material to be non-confidential and non-proprietary and TDS will not be liable for use or disclosure of the Material. Any communication by you to TDS is subject to this Agreement. You hereby grant and agree to grant TDS, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
TDS does not control the Content provided by users that is made available on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using the Site, you agree to accept such risks and that TDS (and TDS's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on the Site.
TDS is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TDS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TDS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
TDS'S INTELLECTUAL PROPERTY
thedabstore.com, and other thedabstore.com graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of TDS Glass, LLC. TDS's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, except with TDS's prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in TDS's sole discretion, an unreasonable or disproportionately large load on the Site's infrastructure
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Without limiting any other remedies, TDS may, without notice, delay or immediately remove Content, warn TDS's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
TDS suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or any other policy documents and community guidelines incorporated herein
TDS is unable to verify or authenticate any of your personal information or Content; or
TDS believes that a user is acting inconsistently with the letter or spirit of TDS's policies, has engaged in improper or fraudulent activity in connection with TDS or the actions may cause legal liability or financial loss to TDS.
TDS will not sell or disclose your personal information to third parties without your explicit consent.
TDS, TDS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TDS'S SUPPLIERS PROVIDE THEDABSTORE.COM WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TDS, TDS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TDS'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TDS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL TDS, AND (AS APPLICABLE) TDS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TDS'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TDS'S SERVICES, THIS AGREEMENT, OR THE MALFUNCTION, MISUSE OR ANY OTHER POTENTIAL HARMFUL OUTCOME FROM PRODUCTS OR YOUR USE OF THE PRODUCTS PURCHASED FROM THEDABSTORE.COM INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TDS'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TDS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FUNDS YOU PAY TO TDS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD TDS AND (AS APPLICABLE) TDS'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, 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 THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
TDS does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TDS's control.
LEAGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any TDS service and, if applicable, your purchase. In addition, you shall be responsible for paying any and all taxes applicable to any purchases of items you make on the Site (excluding any taxes on TDS's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
CHOICE OF LAW
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Colorado, excluding its conflicts of laws rules, and the United States of America.
Except as explicitly stated otherwise, any notices shall be given by postal mail to TDS Glass LLC; 100 Filmore St., 5th FL, Denver, CO 80220. Alternatively, TDS may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TDS. In such case, notice shall be deemed given three days after the date of mailing.
Effective Date: October 20, 2012