Terms of Use

P&N Loshin, Inc., doing business as CupboardGlassPipes.com ("CupboardGlassPipes.com", "We" or "Us")

CupboardGlassPipes.com
2613 Vine St.
Cincinnati, OH 45219

Internet Web Site Terms Of Use

Last updated: September 13, 2016
Effective as of: September 18, 2016

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CUPBOARDGLASSPIPES.COM AND GOVERN YOUR ACCESS TO, AND USE OF, CUPBOARDGLASSPIPES.COM WEBSITE LOCATED AT WWW.CUPBOARDGLASSPIPES.COM TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (COLLECTIVELY, THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CUPBOARDGLASSPIPES.COM MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. CUPBOARDGLASSPIPES.COM CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

General Use Restrictions

CupboardGlassPipes.com sells only the finest artistic art glass objects available today.  By placing an order through the Site, you agree that you are acquiring our products for their artistic design and purpose.  However, should the products be used as a functional pipe or used with legitimate tobaccos and smoking herbs, then you agree that such products are being used for the consumer’s pipe and tobacco pleasure.  You agree that it is your responsibility to determine that your purchase and use of the products sold on this Site complies with all applicable laws or regulations. 

Sales to minors are strictly prohibited.  CupboardGlassPipes.com does not sell products to persons under the age of 18 or 21, as applicable by state and local law.  By placing an order, you affirm that you at least 18 or 21 years of age, as applicable by state and local law. Products purchased through the Site shall be shipped to addresses within the United States of America only and shall require a signature of a person at least 18 or 21 years of age upon delivery, as applicable by state and local law.  CupboardGlassPipes.com may not ship to certain locations within the United States of America.

Due to the artistic and fragile nature of our art glass the purchaser is encouraged to display same for its artistic pleasure.  Should the art objects be used as functional smoking pipes, CupboardGlassPipes.com is not liable for breakage or other damage.  In the event the art object is used for the ingestion of tobacco or legitimate smoking herbs, careful cleaning and maintenance is encouraged. 

ALL PRODUCTS PURCHASED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Shipping and Returns

Note that product purchases on this Site are not returnable unless such products are broken during shipping and you provide us with notice of such breakage within 24 hours of receipt.  The complete terms of our shipping and return policy are described here.

Payment and Electronic Communications

If you place any orders for products on the Site, you are expressly agreeing that CupboardGlassPipes.com is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with CupboardGlassPipes.com in connection with your use of the Site and the services on this Site.  You agree that the fees will be billed to the credit card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable and, as applicable. If payment is not received or cannot be charged to your credit card for any reason in advance of shipping your order, CupboardGlassPipes.com reserves the right to either suspend or terminate your order.

CupboardGlassPipes.com reserves the right, at any time, to change its prices and billing methods for products sold, effective immediately upon posting on the Site or by electronic communications to you.

By using the Site, you consent to receiving electronic communications from CupboardGlassPipes.com. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and services. These electronic communications are part of your relationship with CupboardGlassPipes.com and you receive them as part of your subscription to the Site. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Your use of this Site is governed by CupboardGlassPipes.com Privacy Policy, which is available here.

Giveaways and Contests

CupboardGlassPipes.com may sponsor and give you the opportunity to participate in certain giveaways and/or contests.  Any such giveaways and/or contests will be subject to separate terms and conditions.

Third Party Content and Products

Certain information and other content may be the material of third party licensors and suppliers to CupboardGlassPipes.com, including, without limitation, certain videos of glass artists posted on the Site ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. CUPBOARDGLASSPIPES.COM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site may be linked to other sites that are not CupboardGlassPipes.com sites. CupboardGlassPipes.com is providing these links to you only as a convenience, and CupboardGlassPipes.com is not responsible for such linked sites, including, without limitation, the content, products, services or links displayed on such sites.

Proprietary Rights

CupboardGlassPipes.com and The Cupboard are the trademarks of P&N Loshin, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CupboardGlassPipes.com, Copyright © 2014 P&N Loshin, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Your use of this Site and/or the services is at your own risk. The Third Party Content has not been verified or authenticated in whole or in part by CupboardGlassPipes.com, and it may include inaccuracies or typographical or other errors. CupboardGlassPipes.com does not warrant the accuracy or timeliness of the Third Party Content contained on this Site. CupboardGlassPipes.com has no liability for any errors or omissions in the Third Party Content, whether provided by CupboardGlassPipes.com or our licensors.

CUPBOARDGLASSPIPES.COM, FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE PRODUCTS SOLD ON THE SITE, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE PRODUCTS SOLD ON THE SITE, THE THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CUPBOARDGLASSPIPES.COM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

IN NO EVENT SHALL CUPBOARDGLASSPIPES.COM AND/OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE PRODUCTS SOLD ON THE SITE THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, THIRD PARTY CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CUPBOARDGLASSPIPES.COM OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CUPBOARDGLASSPIPES.COM'S LIABILITY OR YOUR REMEDIES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CUPBOARDGLASSPIPES.COM’S AND/OR ITS SUPPLIERS OR LICENSORS TOTAL CUMULATIVE LIABILITY TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE) EXCEED THE GREATER OF THE EITHER $100, OR THE AMOUNTS PAID BY YOU FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM. 

Local Laws; Export Control

CupboardGlassPipes.com controls and operates this Site from its headquarters in the United States of America and the Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.  CupboardGlassPipes.com does not sell or ship products outside of the United States of America.

Dispute Resolution and Binding Arbitration Provision

Definitions. As used in this Arbitration Provision, "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Site or the Products sold on the Site. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.

Informal Efforts to Resolve Dispute. If a dispute arises between you and CupboardGlassPipes.com, you should first attempt to resolve it by contacting support@cupboardglasspipes.com.  We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court's jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES), AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICE TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the AAA's rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, We agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules if you are a resident of the United States; if your use of the Site has been principally for personal or household use, the AAA's Supplementary Procedures for Consumer-Related Disputes will also apply.  In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with experience in consumer and technology transactions and who is also a member of the AAA National Roster of Arbitrators. If you and we can't agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the AAA will pick a neutral arbitrator who meets the qualifications. The AAA's rules are available at www.adr.org, or by calling (800) 778-7879 from inside the United States or (212) 484-4181 from outside the United States.

Initiating Arbitration. To begin an arbitration proceeding, you must follow the procedures specified by the applicable AAA rules as described on their website at www.adr.org.

Time Restriction. YOU MUST FILE A COMPLAINT WITH THE AAA OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA that is the most convenient for you.

The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

In conducting the arbitration proceeding, the arbitrator will apply the law of the State of Ohio (without regard to its conflicts of law provisions) including U.S. federal law for matters covered by federal law (e.g. the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.

Recovery and Attorneys' Fees. If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. If your use of the Site was principally for personal or household use, CupboardGlassPipes.com waives any right it may have to seek an award of attorneys' fees and expenses from you in connection with any arbitration of Claims between us.

Confidentiality. you and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to or use of the Site and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

Customer Service Center:  (513) 281-0085

General

If you violate these Terms, The Cupboard may terminate and/or suspend your right to access this Site or suspend or cancel your orders, in each case without notice.

The laws of the State of Ohio and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the State of Ohio. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. CupboardGlassPipes.com's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and CupboardGlassPipes.com and supersede all prior or contemporaneous negotiations, discussions or agreements between you and CupboardGlassPipes.com about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.