Last Updated: August 15, 2016
These Terms govern your use of the GOAT Glassware, Inc. Site. Please read these terms carefully before using any GOAT Glassware, Inc. product or service.
You must be at least 18 years of age or older to purchase anything on this website. www.goatglassware.com
If you are under the age of 18 years old please leave this site.
This website is owned operated by GOAT Glassware, Inc. Throughout the site, the terms “we”, “us”, and “our” refer to GOAT Glassware, Inc. GOAT Glassware, Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Ownership - This site, www.goatglassware.com, and GOAT Glassware, Inc. Services, is owned, operated, and maintained by GOAT Glassware, Inc. This site has been created and developed for your personal, noncommercial use and is intended for informational, educational, communication, and entertainment purposes only. This site does not constitute financial, legal, medical, or professional advice and cannot be used for such purposes.
Intellectual Property – All graphics, logos, names, and trademarks are the property of GOAT Glassware, Inc. You may not use in any way such material, for any reason or purpose without proper authorization and the express written consent of GOAT Glassware, Inc. All Intellectual property on the site (except for User Generated Content) is owned by GOAT Glassware, Inc. or its licensors, including but not limited to, materials protected by copyright, trademark, or patent laws. All trademarks, service marks, and trade names are owned, registered, and/or licensed by GOAT Glassware, Inc. The GOAT Glassware, Inc. products and services are our copyrighted property or the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, and all other intellectual property rights in the GOAT Glassware, Inc. products and services are owned by us or our licensors or licensees. All content, components, and material on this Site (except for User Generated Content), is a collective work protected under the United States and other copyright laws, and is the proprietary property of GOAT Glassware, Inc. If you do not have proper authorization, or do not have anything in writing from GOAT Glassware, Inc. No element of the GOAT Glassware, Inc. products or services may be used or exploited in any way other than as part of the GOAT Glassware, Inc. products and services offered to you.
Product Orders and Service Availability – Before we accept your form of payment, you will have the opportunity to review, edit, and confirm your order. All orders placed through this site are subject to GOAT Glassware, Inc. Authorization and Acceptance. We reserve the right to refuse to accept any order, or cancel any order, whether or not the order has been confirmed, for any or no reason, without any liability to you or anyone else. We will send to you a notice when we accept your order, as well as payment. Some situations may result in your order being cancelled which include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment. We do not accept orders worldwide. We only accept orders nationwide in the United States. You must be at least 18 years of age or older to purchase anything on or from this website. By placing an order with us on this site, you agree and warrant that you are at least 18 years of age or older, you are legally capable of entering into binding contracts, and that any items purchased from this site, are solely intended for legal use only. The products made available to you on this site are being sold as collectible glass art, and may only be considered for tobacco use only. We have a very strict policy for legal use and GOAT Glassware, Inc. will not be held responsible in any way for persons who choose to act unlawfully and commit any illegal acts or activity, or conflict with any local, national, and federal laws. Other substances or materials used with GOAT Glassware, Inc. products or services, is strictly prohibited. It is very important that you are educated with your Local laws, National laws, and Federal laws. You the user are responsible for acting in accordance with your Local, State, and Federal laws.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATION TO THE SERVICE AND PRICES
Prices for our products are subject to change without any prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without any notice to you the user at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products and services.
SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without any notice, at the sole discretion of us, GOAT Glassware, Inc. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING, PAYMENTS, AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Please see our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY SERVICES AND CONTENT
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You access such third-party sites at your own discretion and risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER GENERATED CONTENT, USER COMMENTS, FEEDBACK, OTHER SUBMISSIONS, ACCOUNTS, AND GOAT GLASSWARE, INC. RIGHTS TO YOUR POSTING
“User Generated Content” is any communications, comments, content, opinions, feedback , submissions, data, information, designs, graphics, images, text, photos, videos, music, sounds, website links, external links, emails, messages, notes, profiles, or any and all other content that you and all Site users create, display, distribute, post, publicly display, publicly perform, send, submit, upload or otherwise make available on or through the Site, except to the extent in some cases, the Content is owned by GOAT Glassware, Inc.
The GOAT Glassware, Inc. Company may allow you or our users to communicate, submit, upload, or make available text, images, audio, video, competition entries, or other content (“User Generated Content”), which may be accessible and viewable by the public. You may not under any circumstance in any way, communicate, submit, upload, or make available text, images, audio, video, competition entries, or other content (“User Generated Content”), which may be accessible and viewable by the public that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, any occult symbols, or any other material that GOAT Glassware, Inc. reserves the right to deem as objectionable, or otherwise offensive, or that harms, or can reasonably be expected to harm any person or entity, whether or not any such material is protected by Law.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
User Generated Content is not confidential or proprietary. However GOAT Glassware, Inc. does not claim ownership to your User Generated Content. With that said you grant, and warrant GOAT Glassware, Inc. a non-exclusive, non-revocable, royalty-free, sub licensable, transferable, worldwide license under all copyrights, trademarks, patents, trade secrets, privacy, and publicity rights, and all other intellectual property rights to use for any purpose advertise, broadcast, commercialize, comment on, copy, create derivative works based upon, display, distribute, download, edit, exhibit, index, modify, perform , post, print, publish, publicly display, reproduce, republish, transmit, translate, publicly perform, or make available and otherwise exploit such User Generated Content in any manner, in all media formats and channels now known or hereafter later developed, in whole or in part, in any number of copies, limit as to time, frequency of use, without the express written consent of you, any prior or further notice to you, with or without attribution, without any requirement of permission from or payment to you or any other individual, person, or entity.
User Generated Content is not prescreened – GOAT Glassware, Inc. does not prescreen any User Generated Content. GOAT Glassware, Inc. cannot and does not guarantee the site will be free from User Generated Content that is inaccurate, deceptive, offensive, unlawful, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, and pornographic, any occult symbols, or any other material that GOAT Glassware, Inc. reserves the right to deem as objectionable. GOAT Glassware, Inc. is merely acting as a passive channel for such distribution and in no way under any circumstance will we be held accountable, and will not undertake any obligation or liability that relates or corresponds to any and all User Generated Content or any user activity that has been performed on the site.
GOAT Glassware, Inc. May, but have no obligation to, monitor, screen, post, remove, modify, store, and review any User Generated Content or communications on the Site, at any time and for any reason, also including to ensure that the User Generated Content or communications conforms to these terms, without any prior notice to you. We have no responsibility for, or any obligation to monitor or remove such User Generated Content. GOAT Glassware, Inc. is not responsible for, and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users. GOAT Glassware, Inc. reserves the right to edit, remove, or refuse to post any User Generated Content, or terminate your registered GOAT Glassware, Inc. account for any reason whatsoever without any prior notice.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Remember to post with caution and care
SECTION 10 - ACCOUNTS AND REGISTRATION
SECTION 11 – PERSONAL INFORMATION
Usernames, Passwords, Security – GOAT Glassware, Inc. is not responsible for any user account/username and password, or any loss that may result from the use of any unauthorized person on your account/username and password, with or without any of your knowledge. You agree to promptly notify us of any unauthorized use of your username, password, or other account information, or of any other breach of security that you become aware of involving your account on the GOAT Glassware, Inc. services. You are responsible for any and all actions and activities that happen and take place while using your GOAT Glassware, Inc. account. Keep your username/password secure and do not allow anyone else to use your username/password to access the site. Your privacy matters and we understand that here at GOAT Glassware, Inc. We take Privacy very seriously and have enforced strict privacy policies to ensure the security, integrity and confidentiality of your personal information. Because your privacy is extremely important to us, we have implemented technical, administrative and physical security measures that are specifically designed to protect all your private information from unauthorized access, disclosure, use and modification.
SECTION 12 - GIVEAWAYS AND COMPETITIONS
Eligibility - To enter a GOAT Glassware, Inc. Giveaway or competition, you may or may not be required to be a registered user of The GOAT Glassware, Inc. Services, and have an active account with current contact information. All GOAT Glassware, Inc. Giveaways and Competitions are not available or open for entry to any of our employees (or their immediate families), Team GOAT members, or anyone else professionally associated with the competition.
You must be at least (18) years of age or older to enter any and all Giveaways and Competitions on this website. www.goatglassware.com , or any GOAT Glassware, Inc. product and service.
If you are under the age of (18) years old please leave this site immediately. We will not under any circumstance accept any order, form, submissions, or entry you place with GOAT Glassware, Inc. and all of its products and services.
We reserve the right to request a current and valid copy of your photo I.D. or proof of identity for any reason at anytime. Failure to comply or any breach or violation will result in immediate termination and will not be allowed to use any GOAT Glassware, Inc. product or service.
Prizes – Only prizes that are specified in a Giveaway or Competition will be awarded. Under no circumstance will any alternative prizes be available, or cash be awarded. Prizes cannot be transferred or sold by winners. Only the number of prizes stated for the giveaway or competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize.
SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
User Interaction Disclaimer - You the user are solely responsible for all activities and interactions performed with other people, whether online or in person. GOAT Glassware, Inc. is not responsible or liable in any way for any loss or damage that may occur or result from any interaction with other site users, or persons you meet through the site, or persons who find you because of information you posted on the site. You are responsible to take precaution in all activities and interactions with other users on the site, and be sure to research and conduct any necessary investigation before meeting any person. GOAT Glassware, Inc. is under no obligation to become or be involved with any user dispute that may occur, but may do so at its own discretion.
THE GOAT GLASSWARE, INC. SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
LIMITATION OF LIABILITY - IN NO CASE SHALL GOAT GLASSWARE, INC., OUR DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVING, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FOR YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANT OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GOAT Glassware, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all claims or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
SECTION 19 - MOBILE NETWORKS
Our Site contains services and features that are available through mobile Devices. When you access our Site or GOAT Glassware, Inc. Services through a mobile device and/ or network, your network or roaming provider’s messaging, data, and other normal rates and fees will apply. Not all GOAT Glassware, Inc. Services may work with your mobile devices and/ or network providers.
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
SECTION 23 – CONTACT INFORMATION