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TERMS
AND CONDITION OF SALE
BY
VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE
"SITE") OPERATED BY Totalpipe.com
YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS.
Important
Information About This Legal Contract
You agree to this User Agreement, and all of its
terms and conditions, by visiting, browsing,
shopping, accessing or otherwise using the Site.
These terms and conditions are subject to change
without prior notice at any time, in Totalpipe.com
sole discretion. By visiting, browsing,
shopping, accessing or otherwise using the Site
after a change has been posted to the Site, the
Customer accepts that change. Customers should
check this User Agreement and the Privacy Pledge
frequently
Acceptance
of Contract Terms
This User Agreement,
and all of its terms and conditions, constitute
a legal contract between you and Totalpipe.com
(References to "you" or
"your" shall relate to a customer of Totalpipe.com
or other party that visits, browses, shops,
accesses or otherwise uses the Site (the
"Customer"); references to "Totalpipe.com"
shall relate to Totalpipe.com
and its affiliates.) By visiting, browsing,
shopping, accessing or otherwise using this site
("Site"), you acknowledge that you
have read, understood, and agree to be bound by
this User Agreement and comply with all
applicable laws and regulations, including U.S.
export and re-export control laws and
regulations. If you do not agree to this User
Agreement, as it may be changed by Totalpipe.com
from time to time, do not use this Site. The
material provided on this Site is protected by
law, including, but not limited to, United
States copyright law and international treaties.
This Site is controlled and operated by Totalpipe.com
from its offices within the United States. Totalpipe.com
makes no representation that materials in the
Site are appropriate or available for use in
other locations, and access to them from
territories where their contents are illegal is
not authorized. Those who choose to access this
Site from other locations do so on their own
initiative and are responsible for compliance
with applicable local laws.
Any claim relating
to, and the use of, this Site and the materials
contained herein is governed by the laws of the
state of OR
without regard to conflict of law rules. You
consent to jurisdiction of the federal and state
courts located in USA County, OR
to hear any such claims.
Access,
Interference and Linking
Totalpipe.com
grants you a limited license to access and make
personal use of the Site and not to download
(other than page caching) or modify it, or any
portion of it, except as provided below under
"Use Restrictions," or with express
written consent of Totalpipe.com.
The following activity on the Site is expressly
prohibited: Any non-personal or commercial use
of any robot, spider, other automatic device, or
manual process to monitor or copy portions of
the Site or the content contained herein without
prior written permission by Totalpipe.com;
collection or use of any product listings,
descriptions, or prices, from the Site for the
benefit of another merchant that supplies
products competitive with or comparable to those
offered on the Site; and, Any use of, visits to,
or other action that imposes an unreasonable or
disproportionately large load on the Site, or
otherwise interferes with its proper and timely
functioning.
Any
unauthorized use terminates the license granted
by Totalpipe.com.
You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the
home page of the Site so long as the link does
not portray Totalpipe.com,
its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Totalpipe.com
logo or other proprietary graphic or trademark
as part of the link without express written
permission.
Totalpipe.com
does not review or control third-party sites
that link to or from the Site, and is not
responsible for the contents of any third-party
sites linked to or from the Site.
Use
Restrictions
The copyright in all
material provided on this Site is held by Totalpipe.com
or by the original creator of the material.
Except as stated herein, none of the material
may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or
transmitted in any form or by any means,
including, but not limited to, electronic,
mechanical, photocopying, recording, or
otherwise, without the prior written permission
of Totalpipe.com
or
the copyright owner. Permission is granted to
display, copy, distribute and download the
materials on this Site for personal,
non-commercial use only, provided you do not
modify the materials and that you retain all
copyright and other proprietary notices
contained in the materials. This permission
terminates automatically if you breach any of
these terms or conditions. Upon termination, you
must immediately destroy any downloaded or
printed materials. You also may not, without Totalpipe.com
's prior written permission, "mirror"
any material contained on this Site on any other
server. Any unauthorized use of any material
contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and
publicity, and communications regulations and
statutes.
All trademarks and registered trademarks are the
sole property of their respective owners.
Photographs courtesy of respective
manufacturers. Totalpipe.com
and the Circle of Service logo are trademarks of
Totalpipe.com
Copyright © 20 10
Totalpipe.com.
Microsoft
and the Passport Logo are either registered
trademarks or trademarks of Microsoft
Corporation in the United States and/or other
countries and are used under license from
Microsoft.
Limitation
of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
Totalpipe.com
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT,
ARISING OUT OF THE USE, OR THE INABILITY TO USE,
THE MATERIALS ON THIS SITE, EVEN IF Totalpipe.com
OR A Totalpipe.com
AUTHORIZED
REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE
RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY
COSTS THEREOF. 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.
Arbitration
By accessing the Site
and using the information therein available
and/or by purchasing any products or services
made available through this Site, you agree with
Totalpipe.com,
its service providers, agents, employees,
successors, assigns, affiliates, parents,
subsidiaries and any content provider or offer
or of goods or services on this Site or through
any other associated activity, that ANY CLAIM OR
DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM
OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF
THESE PERSONS OR ENTITIES, WHETHER RELATED TO
THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION
AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION under the Code of
Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9449.
Notwithstanding any choice of law provision
included in this User Agreement, this
arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New
York Convention on the Enforcement of
Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held
as provided by the Code and if any In-person
Hearing is required, it shall be held in Portland,
Or, Each party shall
bear its own cost of any legal representation,
discovery, or research required to complete
arbitration.
Privacy
Please review our
Privacy Notice, which also governs your visit to
this Site.
You are responsible for maintaining the
confidentiality of your account and password and
for restricting access to your computer, and you
agree to accept responsibility for all
activities that occur under your account or
password. If you are under 18, you may use the
Site only with a parent or guardian. Totalpipe.com
reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel
orders in its sole discretion.
Communications
to Totalpipe.com
Any communication or
material you transmit to the Site by electronic
mail or otherwise, including any data,
questions, comments, suggestions, or the like
is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post
may be used by Totalpipe.com.
for any purpose, including but not limited to
reproduction, disclosure, transmission,
publication, broadcast, and posting.
Furthermore, Totalpipe.com.
is free to use any ideas, concepts, know-how, or
techniques contained in any communication you
send to Totalpipe.com.
or
the Site for any purpose whatsoever, including
but not limited to developing, manufacturing and
marketing products using such information.
Copyright
Complaints
If you believe that
your work has been copied in a way that
constitutes copyright infringement, please
contact :
Totalpipe.com
Disagreement
with These Terms and Conditions
If you disagree with
any of the terms and conditions of this User
Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Totalpipe.com
Terms
and Conditions of Sale
PLEASE
READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE
CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS
(UNLESS THE CUSTOMER HAS SIGNED A SEPARATE
FORMAL PURCHASE AGREEMENT WITH Totalpipe.com.
IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN).
Important
Information About This Legal Contract
This
Sale Agreement is a legal contract between the
Customer and Totalpipe.com.
The Customer accepts this Sale Agreement by
making a purchase, placing an order, or
otherwise shopping on the Site. (References to
"you" or "your" shall relate
to the Customer; references to "Totalpipe.com"
shall relate to Totalpipe.com
and its affiliates.) The terms and conditions of
this Sale Agreement are subject to change
without prior notice, except that the terms and
conditions posted on the Site at the time the
Customer initially places or modifies an order
will govern the order in question.
This
Sale Agreement constitutes the entire agreement
between the Customer and Totalpipe.com
relating to the purchase or sale of goods or
services on the Site. The Sale Agreement may
only be modified or terminated with regard to
goods or services that have been purchased or
sold on the Site in a writing signed by Totalpipe.com.
Electronic records (including signatures), that
are otherwise valid, shall be accepted under the
Sale Agreement. The Customer consents to
receiving electronic records, which may be
provided via a web browser or e-mail application
connected to the Internet; consumers may
withdraw consent to receiving electronic records
or have the record provided in non-electronic
form by contacting Totalpipe.com
at the address provided below.
In
the event of any conflict between the terms and
conditions stated on your purchase order and
this Sale Agreement or any terms and conditions
on our invoice, you agree that the provisions of
this Sale Agreement and our invoice shall
control.
Governing
Law
THIS
AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF OR,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE
FEDERAL OR STATE COURTS LOCATED IN USA COUNTY, OR
FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title;
Risk of Loss
Title to goods herein
being purchased is retained by the seller until
goods are paid for by the purchaser and at that
time title passes to the purchaser. Loss or
damage that occurs during shipping by a carrier
selected by Totalpipe.com
is Totalpipe.com's
responsibility. Loss or damage that occurs
during shipping by a carrier selected by
Customer is Customer's responsibility. Title to
software will remain with the applicable
licensor(s).
Export
Sales
If goods herein being
purchased are being purchased for purposes of
export, the Customer must obtain from the
federal government certain export documentation
before shipping to a foreign country. In
addition, manufacturers' warranties for exported
goods may vary or even be null and void for
goods exported outside the United States. The
Customer should inquire further regarding any
questions. Any and all liability is only for the
products purchased.
General
Legal Disclaimer
Totalpipe.com
HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS
DISCLAIMER BY Totalpipe.com
IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet connectivity
requires access services from an Internet access
provider. Contact your local access provider for
rates, terms and conditions.
56K
Disclaimer
56K modems are capable
of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party
Product and Y2K Disclaimer
All products sold by Totalpipe.com
are third party products and are subject to the
warranties and representations of the applicable
manufacturers, including but not limited to Y2K
compliance. Accordingly, Totalpipe.com
makes no representation or warranty with respect
to the Y2K compliance of products sold.
Pricing
and Information Disclaimer
All
pricing subject to change. For all prices,
products and offers, Totalpipe.com
reserves the right to make adjustments due to
changing market conditions, product
discontinuation, manufacturer price changes,
errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While Totalpipe.com
uses reasonable efforts to include accurate and
up-to-date information on the Site, Totalpipe.com
makes no warranties or representations as to the
Site's accuracy. Totalpipe.com
assumes no liability or responsibility for any
errors or omissions in the content on the Site.
Limitation
of Liability
Totalpipe.com
WILL
NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS
OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. Totalpipe.com
WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT
BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED
DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, Totalpipe.com
IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID
BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT AND
EQUITABLE CLAIMS) arising from or relating to
this Sale Agreement, its interpretation, or the
breach, termination or validity thereof, the
relationships which result from this Sale
Agreement (including, to the full extent
permitted by applicable law, relationships with
third parties who are not signatories to this
Sale Agreement), Totalpipe.com's
advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under the Code of
Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9449.
Notwithstanding any choice of law provision
included in this Sale Agreement, this
arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New
York Convention on the Enforcement of
Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held
as provided by the Code and if any In-person
Hearing is required, it shall be held in
Portland , OR. Judgment on the award rendered by
the arbitrator(s) may be entered by any court
having jurisdiction. Each party shall bear its
own cost of any legal representation, discovery,
or research required to complete arbitration.
Orders;
Payment Terms; Interest; Taxes
Orders
are not binding upon Totalpipe.com
until accepted by Totalpipe.com.
Terms of payment are within Totalpipe.com's
sole discretion. Invoices are due and payable
within the time period noted on the invoice,
measured from the date of the invoice. Totalpipe.com
may invoice parts of an order separately.
Customer agrees to pay interest on all past-due
sums at the highest rate allowed by law. The
Customer is responsible for sales and all other
taxes associated with the order.
Freight
Policy
Shipping
and handling charges on all orders vary; contact
your Totalpipe.com
account manager for our most current and
competitive rates, options and shipping
specials. For the Customer's protection, we ship
only to the verified billing address of the
Customer's credit card. In some circumstances,
international shipping may be available. Call
for details.
Return
Policy
The following refund
policy applies to all products except those
stating their own refund policy with the product
description:
Most
items can not return.(
Because smoking pipes and accessories are very
personal items )
On
selected items only -----
Totalpipe.com
offers a 10 days return policy on selected items
based on manufacturer return policies. For
further information not listed, please contact
your Totalpipe.com
account manager.
Please
contact
our Returns
Department to obtain a Return Merchandise
Authorization (RMA) number before shipping your
product. NO returns of any type will be accepted
without an RMA number. For faster service,
please have the following information on hand
when calling for an RMA number: customer name,
invoice number, serial number and nature of the
problem.
All
products returned MUST: be 100 percent complete,
contain ALL original boxes and packing
materials, have original UPC codes on the
manufacturer boxes, contain all manuals, blank
warranty cards and other accessories and
documentation provided by the manufacturer.
You
are responsible for shipping charges on returned
items; Totalpipe.com
will match your shipping method on your
replacement or exchange item(s).
Totalpipe.com
strongly recommends you fully insure your return
shipment in case it is lost or damaged and you
use a carrier that can provide you with proof of
delivery for your protection.
If
merchandise arrives damaged: it is best to
REFUSE it back to the carrier attempting
delivery. If you accept the package make sure it
is noted on the carrier's delivery record in
order for Totalpipe.com
to file a damage claim. Save the merchandise AND
the original box and packing it arrived in,
notify Totalpipe.com
immediately to arrange for a carrier inspection
and a pick up of damaged merchandise. If you do
not notify Totalpipe.com
of damaged goods within the first 15 days of
arrival, our regular return policy will override
any claim of damage, and will fall under all
current manufacturer restrictions. Please
contact our Returns
Department manager to arrange for
carrier inspection and a pick up of damaged
merchandise.
DEFECTIVE
returns can be returned directly to Totalpipe.com
within 10 days from the invoice date, at Totalpipe.com's
discretion for: credit, replacement, exchange or
repair.
Manufacturer
restrictions do apply and are outlined in our
detailed policy. Any item that is missing the
UPC can ONLY be replaced with the same item.
After 10 days, all manufacturers' warranties
apply.
NON-DEFECTIVE
returns can be accepted directly by Totalpipe.com
within 10 days from the invoice date, at Totalpipe.com's
discretion for: credit, exchange. All
NON-DEFECTIVE returns are subject to a 20
percent restocking fee.
Due
to manufacturers' policies, Totalpipe.com
cannot accept returns of the following items for
exchange, replacement or credit FOR ANY REASON:
(Totalpipe.com
exceptions). DEFECTIVE merchandise can be
returned for REPAIR ONLY to: Totalpipe.com,
the manufacturer direct or any authorized
service center in your area. Additional
manufacturers may be added to this list as:
manufacturer policies change, manufacturer goes
out of business or in the case of specially
ordered items.
Totalpipe.com
reserves the right to authorize product returns
beyond 10 days from the invoice date.
Original shipping charges are refunded on
returned items. Customers are responsible for
all shipping charges back to Totalpipe.com
on returned items, and Totalpipe.com
will pay the shipping charges on the replacement
or exchange item(s) going back.
Credit
Cards
or JQK Pay Points.
Credit card charges are
processed online after ordering the products
and/or services.
Totalpipe.com
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