Terms of Service
These Terms of Service and all policies posted on our site constitute a legally binding agreement ("User Agreement") between you and Honest Glass, Inc., a Colorado corporation ("Honest Glass"). This User Agreement sets out the terms upon which Honest Glass offers you access to, and use of, our sites, services, applications, and information (collectively “Services”), including the ability to purchase certain products ("Products") using the methods provided on the site. All policies are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services. Failure to adhere to the terms set forth below in connection with the Services constitutes a breach of this User Agreement. You may not not use this site or the Services if you do not agree to these terms. Please review them carefully.
Engaging in any of the following actions will constitute your acknowledgement that you have read and understand this User Agreement and that you agree to be bound by them:
(i) clicking an "Accept" or similar button or checking a box captioned with acceptance language;
(ii) using or accessing the Site or the Services; or
(iii) signing up for an account on the Site.
Please be advised that this User Agreement contains provisions that govern how claims you and we may have against each other are to be resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration.
About Honest Glass
Honest Glass allows users who comply with Honest Glass’s policies to purchase artisan-crafted glass art and pipes, and similar works, in a variety of pricing formats and locations.
While we may provide pricing, shipping, listing, and other guidance in our Services and in connection with the sale of our Products, such guidance is solely informational and you may decide to follow it or not. Honest Glass does not have any control over how a particular item is used, and whether such use in a particular jurisdiction is legal. That is ultimately the responsibility of the user. Honest Glass does not pre-screen users or the content or information provided by users.
Using Honest Glass
You must be at least 18 years of age to use our Services and purchase our Products unless you live in a state, city, county or country that requires a specific minimum age other than 18 years of age to purchase tobacco products or pipes.
All functional glass is for Tobacco Use Only.
The following states require users to be older than 18 years of age to use our Services, as of the date this User Agreement was published:
You must be a minimum of 21 years of age if you reside in HI, CA, NJ, ME, OR, MA, KA, IL, MO, OH, AL, AK, AZ, UT or NY to use our Services.
It is your responsibility to know the specific laws pertaining to minimum age requirements in your home state, city, county or country in order to use our Services.
If you register or sign up for an account using the Services, Honest Glass will provide you with credentials or keys (such as a user name and password) to access non-public portions of the website. You agree not to give these credentials or keys to anyone else or allow anyone else to use or access the protected portions of the Services. When registering for your account, you must provide true, accurate, current, and complete information about yourself, and you must continue to maintain and update the information you have provided so that it remains true, accurate, current, and complete for as long as you continue to use the Services
In connection with using or accessing the Services you will not:
- post, list, or upload content or items that are primarily intended or designed for illegal use or in general are likely to be used with controlled substances;
- post, list, or upload any equipment, product, or material that is used or intended or designed for use in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance in violation of state and/or federal law;
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- use our Services if you are under 18 years of age or whatever tobacco purchase age laws are applicable, are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an Honest Glass policy, for example, item's description has materially changed, a clear typographical error is made, or you cannot contact Honest Glass;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- transfer your Honest Glass account and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Honest Glass, or the interests or property of users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Honest Glass application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Honest Glass, or that belongs to another Honest Glass user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Honest Glass and/or any other party holding the right to license such use;
- commercialize any Honest Glass application or any information or software associated with such application;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
If we believe or discover that you are abusing Honest Glass in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone violating the law, our terms of service, or for any reason at our discretion.
When an issue arises between a user and Honest Glass, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to exercise discretion with policy enforcement in an effort to do the right thing for both users and Honest Glass. As described above, users of Honest Glass agree that they will not buy or sell merchandise for illegal use. Honest Glass is a seller of glass art, pipes, and similar devices, for only lawful uses. Honest Glass does not know of, facilitate or condone any other use. A failure of a user to adhere to these policy and other conditions set forth herein is grounds for termination of their account.
When buying an item, you agree to the following rules and guidelines:
- You are responsible for reading the full item listing before making a commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy an item.
- You cannot use Honest Glass if your account contains false contact information.
- You must pay for any item you commit to buying.
- All shipments from Honest Glass will require an adult signature upon delivery.
You expressly agree that the item you are purchasing will be used in a lawful manner and not for any illegal purpose.
The Services and associated websites and content contain valuable intellectual property of Honest Glass, including patent rights, copyrights, trademarks, service marks, trade dress, and trade secrets. All rights not expressly granted in these Terms are exclusively reserved to Honest Glass.
When providing us with content or causing content to be posted using our Services, including without limitation in reviews, comments, posts, and emails, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any intellectual property or other rights of any person: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
The website may contain content including images, descriptions, and product specifications that are provided by third-parties (including users). Honest Glass is not responsible for any third-party content, or links to external websites, appearing on the site, nor do we guaranty their accuracy or availability to you.
While we try to offer reliable data, we cannot promise that the site contents will always be accurate and up-to-date, and you agree that you will not hold our content providers or us responsible for inaccuracies. The website may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included on the site or create any derivative works based on such content.
There may be links from the Services, or from communications you receive from the Services, to third-party websites or features. There may also be links to third-party web sites or features in images or comments within the Services. Functionality on the Services may also permit interactions between the Services and a third-party website or feature, including applications that connect the Service or your profile on the Services with a third-party web site or feature. For example, the Services may include a feature that enables you to share content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Honest Glass does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Honest Glass is in no way responsible or liable for any such third-party services or features.
Automatic refunds are offered if your product has been damaged during shipping or if you have received defective merchandise. Please save all original packing material including the box, and contact us within 24 hours of receipt of shipment. Call us directly at 866-366-2598 or email us at firstname.lastname@example.org. Please use "Return Request" in the subject line. We will provide you with the return authorization and shipping instructions once the return has been approved. Returns and Exchanges for all other reasons will be reviewed on a case by case basis and must be requested within 72 hours of receipt of shipment. To qualify for a Return or Exchange, the original product must be unused and, when applicable, in its original packaging.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
HONEST GLASS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HONEST GLASS ARE PROVIDED BY HONEST GLASS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HONEST GLASS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF HONEST GLASS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HONEST GLASS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HONEST GLASS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HONEST GLASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HONEST GLASS DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HONEST GLASS WEBSITE, HONEST GLASS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HONEST GLASS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HONEST GLASS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF HONEST GLASS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HONEST GLASS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Other Legal Disclaimers
It is the responsibility of the user, not Honest Glass, to ascertain and obey all applicable local, state, and federal laws in regard to the possession and use of any item purchased through our Services. All products are sold upon the condition that Honest Glass shall not be liable in any action for the arrest, accident, or injury occasioned during the transportation, handling, storage, sale, or use of the merchandise.
Use of controlled substances and the sale of drug paraphernalia violate federal and some state laws. Federal law prohibits the sale of items that are primarily intended and designed for use with illegal drugs. 21 U.S.C. § 863. The legality of such sales is determined by an objective standard. Posters ‘N’ Things, Ltd. v. United States, 511 U.S. 513, 521-22 (1994). Items primarily intended and designed for use with controlled substances are not and may not be sold or purchased through our Services. Additionally, some state laws regulate or prohibit the delivery and possession for sale of paraphernalia. Users agree to check the laws of their locality to ensure compliance.
State and federal agencies prosecute the sale and transportation of drug paraphernalia. Honest Glass sells legal goods intended and designed for legal uses and in a legal manner only. Honest Glass does not condone or know, or have reason to believe that users of its Services are likely to use items purchased on this site with controlled substances.
Limitation of Liability
Honest Glass will not be liable for damages of any kind, including, without limitation, special or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon this site. Honest Glass has no duty to update this site or the contents of this site and Honest Glass will not be liable for your use of other sites accessed by links contained within this site. Links and other resources referenced on this site are for informational purposes only, and do not constitute an endorsement by or affiliation with Honest Glass.
Other: Honest Glass reserves the right to: (1) change this User Agreement; (2) monitor and remove postings; and (3) discontinue site availability at any time without notice. If any term, condition, or provision of this User Agreement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of their remaining terms, conditions, and provisions will not in any way be affected or impaired.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party, including any municipal or governmental entity, due to or arising out of your breach this Agreement, your use of Honest Glass’s Services or Products or your breach of any law or the rights of a third party.
Any dispute or claim against Honest Glass relating in any way or arising from your use of Honest Glass, or to any products or services sold or distributed by Honest Glass or through the Honest Glass website, will be resolved by binding arbitration, rather than in court, unless you and Honest Glass expressly agree otherwise in writing. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter by certified mail or some other means of mailing that affords proof of receipt and delivery requesting arbitration and describing your claim to HONEST GLASS INC. 728 Market Street, Unit 301, Philadelphia, PA 19106 United States. If Honest Glass seeks to begin an arbitration proceeding, it will send a letter to You at your address of record by certified mail or some other similar means that provides proof of receipt and delivery. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except that the initial filing fee must be paid by the claimant. Likewise, Honest Glass will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitration shall be conducted by telephone, based on written submissions, or in a mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using Honest Glass, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Colorado 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 Honest Glass.
WE RESERVE THE RIGHT TO REFUSE SERVICE/GOODS
The products advertised within this site may be restricted in some cities, states, or countries. We would request that all customers check the laws of their country before ordering products from our website.
All items are for ornamental purposes or for the use of legal smoking mixes only, such as tobacco products and concentrated essential oils. They are NOT intended for illegal use.
BY USING THIS SITE AND THE SERVICES, YOU ARE ACKNOWLEDGING YOUR CONSENT TO THESE TERMS AND CONDITIONS.
a. HonestGlass.com uses your Registration Data and information about your device to provide the Service to You, including serving you advertising based on your gender, age and zip code. In order to do this, HonestGlass.com may need to provide your Registration Data or other data to its third party vendors and service providers. However, these trusted partners operate under agreements with HonestGlass.com that carefully limit and restrict their use of your data. HonestGlass.com does not currently share your email address or personally identifiable information with third parties for their own independent marketing purposes without your permission.
b. HonestGlass.com uses and may share data about the device you use to access the HonestGlass.com Service, including information about the type of device you use, the IP address, the MAC address and other device type identifiers such as IDFA, in order to provide the Service, to serve you relevant advertising, to improve the Service and to measure the effectiveness of advertising we provide to you.
c. Your privacy is our priority. We ask for basic information to facilitate transactions and communicate the status of your order.
d. Use Of Registration Data (Your Email Address and Mobile Phone Number.) - You agree that HonestGlass.com may use your email address to send you service-related notices, including notices required by law, in lieu of postal mail. You may not opt out of service-related e-mails. We may also use your email address and mobile telephone number to send you informational emails and mobile text messages about HonestGlass.com and special offers. You may opt out of informational email by sending an email to admin@HonestGlass.com. You may opt out of informational mobile text messages by sending an email to admin@HonestGlass.com. You may also opt out of informational email and mobile text messages by sending a request by mail to the following postal address:
Honest Glass, a Corporation located at 728 Market Street, Unit 301, Philadelphia, PA 19106, United States
e. You Are Responsible For Protecting and Managing Your Account. You are solely responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. HonestGlass.com will not be responsible for any losses arising out of the unauthorized use of your Registration Data or account.
f. Security And Use Of Credit Card Information. HonestGlass.com uses Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. Credit card numbers are used only for processing payments and are not used for other purposes. HonestGlass.com may also use technology to protect the HonestGlass.com Service from unauthorized or excessive use. Your use of the HonestGlass.com Service may be limited by such technology. Additionally, HonestGlass.com reserves the right to institute additional charges for use of the HonestGlass.com Service in excess of a certain amount, in HonestGlass.com’s sole discretion. In such cases, HonestGlass.com will notify you of the fees involved and you will not be charged without your consent.
IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY OF THE HonestGlass.com SERVICE, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.