LUDOVICO, INC. TERMS AND CONDITIONS

IMPORTANT! THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE AND USE OF THIS SITE, WHICH IS PROVIDED BY LUDIVICO, INC. BY PURCHASING PRODUCTS FROM THIS SITE AND OR USING THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.

AGE REQUIREMENT

You must be of legal smoking age in the state or country in which you reside to use this site or purchase our products. By accepting these terms you declare, represent, affirm and warrant that you are of legal smoking age. MISREPRESENTATION OF YOUR AGE TO PURCHASE OUR PRODUCTS IS A VIOLATION OF THE LAW!

HEALTH DISCLAIMER

By using this site or purchasing our products, you hereby acknowledge that you have read our health disclaimer as presented below:
Our liquitine products contain nicotine, a chemical known by The State of California to cause birth defects or reproductive harm. Nicotine is addictive and toxic if swallowed. Use at own risk. You MUST be of legal smoking age in order to purchase our products. Our products are intended & marketed ONLY as a recreational alternative to tobacco cigarettes. E-cigarettes are tobacco products derived from natural tobacco plant & have not been clinically proven as a smoking cessation device.
For more information, you should review our FAQ section of the site, which is hereby incorporated by reference into these Terms and Conditions.

TERMS AND CONDITIONS ARE BINDING FOR ALL PURCHASES

All orders are deemed offers by you to purchase our products. We may accept your offer by issuing a confirmation letter and/or shipping the products specified in your order. Our acceptance of each offer is expressly subject to and conditioned on your assent to these terms and conditions.

SITE ACCESS AND LICENSE

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose. The following are prohibited activities:

• Any resale of the products purchased from this site, unless with expressed written consent from Ludovico, Inc.;
• Any commercial use of this site or content contained. You may not modify or download any portion of the site. The only exception shall be page storing or bookmarking for personal use;
• Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in this site or the products;
• Making the derivative uses of this Site and its contents;
• Use of any and all data gathering devises.
• The collection and use of any product descriptions, pricing and product lists.

If you violate this provision, you will no longer be able to access or purchase our products.

PRODUCTS

Ludivico, Inc. and its affiliates use their best efforts in describing the products on the site and therefore cannot be held responsible for any errors or omissions, or any resulting claims that arise from such errors or omissions.

PRICES

All prices posted on this site are subject to change without notice. Pricing prevailing at commencement of shipment apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added at check out.

PAYMENT

We accept Visa, MasterCard and Discover.

SHIPPING AND HANDLING

We will arrange for shipment of the products to you. Title and risk of loss and damage pass to you upon our transfer of the products to the carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates and cannot be guaranteed. We are not liable for any delay in shipments.

LIMITED WARRANTIES

We warrant that there will be no defects in workmanship, materials, operation or finish for the products for thirty (30) days from the date of purchase. Such warranty will not apply to subsequent owners, or for defects due to acts of nature, fire, or casualty, or failure to exercise normal maintenance, or the consequences of uses for which the products were not designed and not following the instructions provided with the products. In addition, this site, and all information, content, materials are included are on an AS IS basis. WE make no warranties of any kind express or implied, as to the operation of this site or the information, content, materials, software or services included on or otherwise made available to you through this site, you expressly agree that you are using this site at your own risk.

Our only liability under such warranties, whether in tort, contract or otherwise, will be, at our option, replace the products, or refund the amounts paid for products returned to us. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS.

EACH OF THESE LIMITED LIABILITIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND LUDIVICO, INC. HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT OR OUR SITE.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some of these disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

To obtain information about or to make a claim concerning performance of warranty obligation you must contact us at the following address:

Firebrand
1023 S. Santa Fe Ave.
Los Angeles, CA 90021
or: help [at] firebrandcigs.com

INDEMNITY

You will indemnify and hold Ludivico, Inc., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of our products or this site other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

INTELLECTUAL PROPERTY

Any and all content included on this site such as text, images, graphics, logos, banners, audio clips, digital downloads, as well as page headers, scripts, and service names are protected by the United States and International copyright laws as well as being registered trademarks of Ludivico, Inc. Nothing on this site may be copied or reproduced in any form, or by any means without the express written consent of Ludivico, Inc. You are not permitted to modify copy, distribute, publish, transmit, or create derivative works of any material found on this site for any public, private or commercial purpose.

SUBMISSSIONS

If, at our request or on your own, you send, email or otherwise transmit to us or this website, any content, remarks, suggestions, ideas, graphics or other (collectively “Submissions”), you hereby grant Ludivico, Inc. the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics or other information communicated to us through this site and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Ludivico, Inc. is under no obligation to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Ludivico, Inc. operations.

Ludivico, Inc. will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Privacy

Ludivico, Inc. is committed to protecting your privacy and security. For more information, please review our privacy policy. This Privacy Policy is hereby incorporated by reference into these Terms & Conditions.

SECURITY

 Ludivico, Inc. has adopted reasonable security measures to protect against loss, misuse of any personal information under our control. We use Secure Sockets Layer (SSL) technology to protect credit card data during transmission and adopt internal procedures to safeguard this information in our systems. Due to the fact that there is no fail proof security for the internet, we cannot guarantee complete security of personal information.

Any passwords used for this site are for individual use only. You will be responsible for the security of your password. Ludivico, Inc. will be entitled to monitor your password and, at its discretion, require you to change it.

You are prohibited from using any services or facilities provided in connection with this site to compromise or tamper with systems resources. Ludivico, Inc. reserves the right to investigate suspected violations of these Terms and Conditions.

Ludivico, Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity if anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions.. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS, LUDIVICO, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LUDIVICO, INC. OR LAW ENFORCEMENT.

COPYRIGHT COMPLAINTS

Ludivico, Inc. and its affiliates respect the intellectual property of others. If you believe that your work had been copied in a way that constitutes copyright infringement, please provide Ludivico, Inc. the written information specified below. Please note that this procedure is exclusively for notifying Ludivico, Inc. that your copyrighted material had been infringed:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim had been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by copyright owner, its agent, or the law;
• A statement by you 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.

Please send the above information to the address provided in the contact page of the website.

APPLICABLE LAWS

This site is governed by all applicable federal, state and local laws. All information available on this site is subject to the laws of the United States of America and may also be subject to the law of the country where you reside. The parties specifically disclaim application of the convention on Contracts for the International Sale of Goods.

JURISDICTION

The Terms and Conditions will be governed and interpreted pursuant to the laws of the state of California, United States of America notwithstanding any principles of conflicts of law. The parties of these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or the subject matter of these Terms and Conditions will be in the state and federal courts in Los Angeles, California.

ARBITRATION

Any controversy between the parties hereto involving the construction or application of any of the terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be submitted to arbitration. The arbitration will comply with and be governed by provisions of California Arbitration Act.

COMMUNICATIONS
By logging onto your account or emailing us you are using an electronic format. This allows us to communicate with you in the same electronic format. With this, both parties (you the customer and us the website) mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by Ludivico, Inc. satisfies all legal notification requirements.

SEVERABILITY
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions or portions of them, will not be affected.

FORCE MAJEURE
Ludivico, Inc. will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared, or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond the company’s control that may prevent or delay of service provisioning.

ENFORCEBALE CONTRACT

As a strict condition of purchasing our products from this site, you affirm represent and warrant that you are of legal smoking age. No minors are authorized to purchase from this site. You must truthfully answer that you are of legal smoking age and that you are agreeing to all of the above terms by clicking this button before you are authorized to purchase and this shall constitute an enforceable agreement including but not limited to, enforceable under the Federal E-Sign Statute.