Welcome to Lighters Direct,
LLC.
Our Company and its associates provide their services to you subject to the following
conditions. If you visit or shop within this website, you accept these conditions.
Please read them carefully.
PRIVACY
Please review our Privacy
Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Our Company
or send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you
by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on
this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of
Lighters Direct
or its content suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property
of Lighters Direct LLC, with copyright authorship for this collection by
Lighters Direct LLC, and protected by U.S. and international copyright laws.
The software application provider and author for "osCommerce", is
used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit
for osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
Our Companys trademarks
and trade dress may not be used in connection with any product or service that
is not Our Companys, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Our Company. All other
trademarks not owned by Our Company or its subsidiaries that appear on this
site are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Our Company or its subsidiaries.
LICENSE AND SITE ACCESS
Our Company grants you a
limited license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except with express
written consent of Our Company. This license does not include any resale or
commercial use of this site or its contents: any collection and use of any product
listings, descriptions, or prices: any derivative use of this site or its contents:
any downloading or copying of account information for the benefit of another
merchant: or any use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Our Company. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Our Company and our associates
without express written consent. You may not use any meta tags or any other
":hidden text": utilizing Our Companys name or trademarks without the
express written consent of Our Company. Any unauthorized use terminates the
permission or license granted by Our Company. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of Our Company
so long as the link does not portray Our Company, its associates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any Our Company logo or other proprietary graphic or trademark
as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use 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 our website only with involvement of a parent or guardian. Our
Company and its associates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS,
AND OTHER CONTENT
Visitors may post reviews,
comments, and other content: and submit suggestions, ideas, comments, questions,
or other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights,
or otherwise injurious to third parties or objectionable and does not consist
of or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of ":spam.": You may not use
a false e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. Our Company reserves the right
(but not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or
submit material, and unless we indicate otherwise, you grant Our Company and
its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content throughout the world
in any media. You grant Our Company and its associates and sublicensees the
right to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the
rights to the content that you post: that the content is accurate: that use
of the content you supply does not violate this policy and will not cause injury
to any person or entity: and that you will indemnify Our Company or its associates
for all claims resulting from content you supply. Our Company has the right
but not the obligation to monitor and edit or remove any activity or content.
Our Company takes no responsibility and assumes no liability for any content
posted by you or any third party.
RISK OF LOSS
All items purchased from
Our Company are made pursuant to a shipment contract. This basically means that
the risk of loss and title for such items pass to you upon our delivery to the
carrier. Once a package is out of our hands, it is your responsibility.
We can not be responsible for a carriers error. By choosing "X" carrier,
you are liable to "X" rules and regulations. That said, we will do our
utmost to get the package to your residence without complications. If a
product is damaged in transit, it falls under either A) Carrier Responsibility
B) Lighters Direct Responsibility (in which case we will refund or replace) or
C) Manufacturer Responsibility (in which case manufacturer will replace, or we
will replace in place of manufacturer. We will make every effort to get
you your item quickly, and in undamaged condition.
INTERNATIONAL LIABILITY
As stated above, all
packages leaving our hands are not our responsibility. This point is
emphasized in the case of international shipment (non-US, including Canada and
FPO/APO), in which international regulations apply. Lighters Direct will
only ship to countries where there are no restrictions on the product(s) being
sold. YOU (The Customer) ARE RESPONSIBLE FOR CLEARING CUSTOMS, WE
(Lighters Direct LLC) ARE NOT. Please check your countries customs page for
import restrictions. Lighters Direct LLC is not responsible for packages held,
seized or destroyed, due to (but not limited to): improper shipment, non-payment
of tariffs or duties, restricted items.
PRODUCT DESCRIPTIONS
Our Company and its associates
attempt to be as accurate as possible. However, Our Company does not warrant
that product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by Our Company itself
is not as described, your sole remedy is to return it in unused condition.
Pictures taken of products that we sell are made as accurate as possible, there
will obviously be some disparity between pictures of the product and the product
itself. We are not responsible for this discrepancy. By purchasing
products from Lighters Direct LLC, you agree to receive a product(s) that is new
from the manufacturer. This product(s) might or might not be exactly as
shown in picture; although we will do our best to give an accurate
representation (size, color, texture, operation mechanisms, etc...) on our site.
PRODUCT LIABILITY
Our Company is not
responsible from any mishaps that arise from use of product(s) purchased from
Lighters Direct LLC. Due to the dangerous nature of some of the items Our
Company sells, we encourage customers to handle their items with proper care and
to read all instructions on use. We are not responsible for misuse,
injuries that result from misuse or proper use and property damage that results
from misuse or proper use. We will handle refund and warranty claims on
properly used items purchased from Our Company. We will not accept returns
or honor refund requests for items that are not in unscratched, unused
conditions. Defective units will be forwarded to the appropriate
manufacturer who will handle the issue at their discretion, compliant to the
manufacturer's warranty
DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY
LIGHTERS DIRECT ON AN AS IS AND AS AVAILABLE BASIS.
LIGHTERS DIRECT LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, LIGHTERS DIRECT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. LIGHTERS DIRECT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM LIGHTERS DIRECT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIGHTERS DIRECT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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 OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Our Company,
you agree that the laws of the state of New York, without regard to principles
of conflict of laws, will govern these Conditions of Use and any dispute of
any sort that might arise between you and Our Company or its associates.
DISPUTES
Any dispute relating in
any way to your visit to Our Company or to products you purchase through Our
Company shall be submitted to confidential arbitration in New York, except that,
to the extent you have in any manner violated or threatened to violate Our Companys
intellectual property rights, Our Company may seek injunctive or other appropriate
relief in any state or federal court in the state of New York, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the Metro New York Better Business Bureau. The arbitrators award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION,
AND SEVERABILITY
Please review our other
policies, such as our Shipping and Returns policy, posted on this site. These
policies also govern your visit to Our Company. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition. By using this site you adhere
to the above conditions.
QUESTIONS:
Questions regarding our
Conditions of Usage, Privacy Policy, or other policy related material can be
directed to our support staff by e-mailing info@lightersdirect.com
or calling 800-768-0047.
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