|
Terms and Conditions
Here at Luciano Smokes Inc., we want to maintain a
site that provides the best customer service possible. However, there
are some issues we cannot reasonably be liable for. For this reason,
the following terms outline your obligations when viewing or shopping
at MyLuci.com. By using MyLuci.com, you agree to accept these
conditions and are subject to our guidelines. You may also review our
Privacy Policy, which outlines our own obligations and practices
towards handling any personal information that you may submit.
1. Acceptance of Terms
The web page MyLuci.com and all linked pages within
the site are owned and operated by Luciano Smokes Inc., a Delaware
corporation, and is accessed by you the user under the Terms of Use
described below. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR
SERVICES. ACCESS TO THE SITE AND ANY USE OF ANY PART OF THE SITE OR ANY
CONTENT OR SERVICE ON THE SITE, YOU AGREE TO ALL TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE
SITE OR USE THE CONTENT OR ANY SERVICE WITHIN THE SITE. ACCEPTANCE BY
LUCIANO SMOKES INC. IS EXPRESSLY CONDITIONED UPON AGREEMENT BY THE USER
TO ALL TERMS AND CONDITIONS. IF TERMS ARE CONSIDERED AN OFFERING BY
LUCIANO SMOKES INC., ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Modifications of Terms of Use
Luciano Smokes Inc. reserves the right, at its sole discretion to
modify or replace the Terms of Use at any time which you will
subsequently be bound to.
3. License, Site Access, and Description of Service
Luciano Smokes Inc. agrees to allow user access for
personal use only of MyLuci.com. You may not use the site for any
illegal or unauthorized purpose. Luciano Smokes Inc. grants a limited
access to use this site. You are not to download (except for web
caching), modify or create derivatives of the site or any portion of it
without the express written consent of Luciano Smokes Inc. Use of
product listings, descriptions, pricing, or downloading or copying for
the benefit of another party is strictly prohibited. No portion of the
site may be reproduced, duplicated, copied, modified, sold, resold, or
otherwise exploited for any commercial purpose without the express
written consent of Luciano Smokes Inc. You may not publish, distribute,
modify, transmit, or create derivative works of any material found on
the site for any private, public, or commercial purpose. You are
granted a limited, revocable, and nonexclusive right create a hyperlink
to our site as long as it does not portray MyLuci.com, its affiliates,
products, or services in a false, misleading, or offensive manner. You
may not use any logo, trademark, copyright, or any other proprietary
graphic owned by Luciano Smokes Inc. without express written
permission. Use of data mining, robots, or similar data gathering and
extraction methods is strictly prohibited.
Purchases
If you purchase from the site you agree to use the
products as they were intended to be used. You agree to read through
and become familiar with the possible health concerns enumerated within
the site and user manual provided with each starter kit before using or
sharing our devices.
4. Member Account, Password, and Security
Establishment of a member account may be required
to process orders. You are fully responsible for providing complete and
accurate information onto applicable registration forms. You are solely
responsible for maintaining the confidentiality of your account and
password information and security. You are entirely responsible for any
and all activities occurring under your account. You must notify
Luciano Smokes Inc. immediately if any unauthorized use of your
account, or breach of security has arisen. Our company will not be
liable for any loss that you may incur as a result of use of your
account or any information within it with or without your knowledge.
The user may be held liable for any losses incurred by Luciano Smokes
Inc. due to someone else using your account or password. You may only
create an account and purchase from the site if you are of legal
smoking age within your jurisdiction. Our company only sells to smokers
of legal age that own and can purchase with a credit card. If you
violate these terms, our company will refuse service, terminate
accounts, and cancel pending orders if applicable.
5. Electronic Communications
Whenever you visit MyLuci.com, send an email,
or login to our website, you are communicating to us electronically. If
you chose to do so, you give Luciano Smokes Inc. the permission to
reciprocate communication in the same electronic format either by email
or notices on the site. You, the user, agree that all notices,
agreements, disclosures, or contracts we provide electronically satisfy
all legal requirements that communications must be in writing. You may
send comments, ideas, questions, or other information as long as
information is not illegal, threatening, misleading in any way,
derogatory, or injurious to any party. You agree not to send software
viruses, spam mail, chain mail, or anything unrelated to services or
our products.
6. Copyright
All content within the site, such as text,
graphics, logos, images, audio clips, digital downloads, button icons,
data compilations, and software is property of Luciano Smokes Inc. or
its content suppliers and is protected by United States and
International copyright laws. Luciano Smokes Inc. will protect its
rights to the fullest extent applicable law will permit.
7. Trademarks
LUCI ™ and SMOKES WITH BENEFITS ™ are trademarks of
Luciano Smokes Inc. Graphics, logos, page headers, product names, and
product programs are trademarks, or registered trademarks of Luciano
Smokes Inc.
8. Site Information and Data Descriptions
Luciano Smokes Inc. and its partners attempt to
provide you with the most accurate and complete information possible.
However, we make no warranty that any content within our site is
error-free.
9. Risk of Loss
Any item purchased or supplied by Luciano Smokes
Inc. is made pursuant to a shipment contract. This entails that the
risk of loss and title for these items pass you the buyer upon delivery
to the carrier. The user trusts that Luciano Smokes Inc. will provide a
secure method of shipment.
10. Copyright Complaints
If you believe that your work has been copied
unfairly in a way constituting copyright infringement, please contact
our office immediately through phone, and/or email.
legal@myluci.com
1 (800) 500-LUCI *(5824) enumerated
11. Severability
If any term or condition of the site is deemed
unlawful, unenforceable, or void, then the provision will be deemed
severable from the remaining terms and conditions and will not affect
the validity and enforceability of the remaining provisions.
12. Jurisdiction
Visitors to MyLuci.com agree to follow all
applicable international, federal, state, and local law. By using
MyLuci.com, you agree that laws of Delaware, USA, no matter the
principle of conflict, will govern the Terms and Conditions and any and
all disputes which might arise between the user and Luciano Smokes Inc.
or partners.
13. Disputes
Any and all disputes arising from use of MyLuci.com
or purchases made through MyLuci.com must be submitted to confidential
arbitration in Wilmington, DE. Any dispute will be construed,
interpreted, and governed by the state of Delaware, U.S.A. without
consideration to the effect to its conflict of laws provisions. State
and federal courts located in Delaware shall have primary and exclusive
jurisdiction and shall be the exclusive venue for disputes. You consent
to personal and exclusive jurisdiction and venue of these courts in
connection with disputes. Claims must be filed within these courts
within one year of the cause of dispute. The company may file a claim
or cause of action within the time limits established by the State of
Delaware.
14. Limitation of Liability
Use of the site is at your own risk. If you are
dissatisfied with any software, material, product, or service within
the site, or with any term or condition of use, your sole and exclusive
remedy is to request removal of your content from the site and/or
discontinue accessing or using the site. Under no circumstance will our
company, its content suppliers, third party, or any one involved in
creating, producing, or delivering the site be liable to you or any
third party for any (including but not limited to) direct, indirect,
incidental, consequential, special, punitive or exemplary damages for
loss of business, profit, business interruption, or any loss of data
arising from your access of the site. We make no warranty for errors,
failure of performance, interruption, deletion, defect, delay, virus,
communication failures, unauthorized access, alteration that may arise
from your use of the site no matter how it may arise. The company will
not be liable or responsible for any act, omission, or conduct of any
user or third party.
15. Limited Product Warranty and Liability
Luciano Smokes Inc. warrants for a time period of
one year that the products included are free from material defects and
workmanship from the original purchase date. If material is found to be
defective the sole liability from our company is repair or replacement
with a factory recertified product returned to its original
specifications. If there is dissatisfaction or damage arising from use
of our product, the only recourse and maximum liability may be repair
or replacement of your unit. This warranty is provided in lieu to all
express or implied warranties including merchantability and fitness
warranties unless these warranties are required by law. If such
warranties are required they will apply only during the warranty
period. The warranty will not apply if the product is 1) used with
un-compatible products 2) used for commercial purposes 3) modified or
tampered with 4) damaged by wear and tear, acts of God, misuse, abuse,
negligence, accident, or by any other cause unrelated to defective
material or workmanship. This warranty does not cover consumable items
such as batteries or products sold “as is” or sold with any fault.
Warranty may be voided if LUCIANO SMOKES INC. believes the products
contained have been used in violation of the terms and conditions of
uses or in any violation of guidelines set within this manual. The
warranty will be void if products are used with products not licensed
or sold by LUCIANO SMOKES INC. The user assumes all responsibility for
use with third party products. A valid proof of purchase such as bill
of sale or receipt from an authorized retailer with the date of
original purchase must be presented to obtain warranty services.
Services are provided “as is” unless otherwise stated without express
or implied warranty. LUCIANO SMOKES INC. excludes all liabilities
resulting from loss of data, profit, or any other loss or damage
suffered by the user or any third party whether they are direct,
indirect, consequential, or special damage however arising under any
theory of law that result from using LUCI. Some limitations and
exclusions may not apply to you based on different laws of States or
provinces.
|