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.
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!
By using this site or purchasing our products, you hereby acknowledge that you have read our health disclaimer as presented below:
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:
If you violate this provision, you will no longer be able to access or purchase our 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.
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.
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.
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:
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.
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. 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.
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:
Please send the above information to the address provided in the contact page of the website.
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.
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.
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.
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.