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Help – Terms of Service

 

Last Updated as of September 14, 2022.

This website (the "Site") is operated by Session Inc. (collectively, “Session,” "we," "us" or "our"). Your use of, and access to, this Site, Affiliate Program, and any products (“Products”) supplied by or on behalf of us through the Site (collectively, “Services”) is subject to these Terms of Service (these "Terms"). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies, and obligations. By accessing, browsing, or otherwise using the Site, you (i) acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules, policies, and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. This Site is not for children or persons under 21 years of age and in no event shall any child or person under the age of 21 use the Site. You further acknowledge and agree that your access to and use of the Site and the services provided through the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use the Site and you should discontinue these activities immediately.

We may change or revise these Terms at any time, for any reason and without notice, and if you use or access the Site or any services offered on the Site at any time on or after the "Last Updated As Of" date set forth above, you are deemed to have been notified of, and your use or access of the Site or any such services after that date signifies your acceptance of, any changes or revisions arising on or before that date. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to help@sessiongoods.com.

ARBITRATION NOTICE: THESE TERMS CONTAIN A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.  YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ THESE SECTIONS CAREFULLY. 

Legal Agreement; Revisions

Age Restriction
You must be of 21 years of age to purchase and/or use any Products sold on sessiongoods.com.
*Our Products are intended for tobacco use only.*

Privacy Policy
We respect your privacy and share your concern about its protection. Our Privacy Policy (https://sessiongoods.com/pages/help#privacy-policy) constitutes a part of these Terms of Service and explains how we may collect, use and protect information that we learn about you as a result of your interaction with us through the Site.

Ownership
Session Inc., its subsidiaries, affiliated companies, distributors, vendors, contractors, and/or licensors (collectively, the "Session Parties") are the owners or licensees of all content and materials on the Site ("Site Content") and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights, trade secrets, and patent rights. Site Content includes, without limitation all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio, and/or audio-visual elements and downloadable materials on the Site, as well as the look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site. Site Content does not include Your Content, as that term is defined below.

You do not acquire any ownership interests in any Site Content by accessing, browsing, or otherwise using the Site.

You are not to use, copy, or remove any trademark, copyright, or any notice thereof. Unauthorized use of any Session Goods’ ownership will be subject to infringement.

Your use and your content; license grant; right to monitor and editorial control
You may access, browse and use the Site and Site Content only for your personal, non-commercial use, on a single computer, mobile phone, or other Internet-compatible devices to enable you to use the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site Content.

Certain features of the Site may allow you to post, upload, transmit or submit certain materials, content, information, or ideas to the Site ("Your Content"). Except for Your User Information required to be provided in connection with Your Registration (as defined and described below), We do not ask for, nor do we wish to receive, any confidential, secret, or proprietary information or other material from you through the Site, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted below, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iii) indemnify and hold harmless us and the Session Parties from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. All actions taken in connection with Your Content will be subject to the limitations set forth in our Privacy Policy [https://sessiongoods.com/pages/help#privacy-policy], which is expressly incorporated into these Terms of Service by this reference.  

We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

Prohibited Conduct
You warrant and agree that, while accessing or using the Site, you will not:

  • Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, the Session Parties, or otherwise affiliated with us;
  • Use the Site to advocate the use of controlled substances or the use of products or services offered or promoted on the Site in connection with controlled substances;
  • Use an inappropriate username or screen name;
  • Insert your own or a third party’s advertising, branding, or other promotional content into any Site Content;
  • Using the Site to collect the personal information of others, or to send junk, spam, branding, advertising, or other promotional content for third party’s.
  • Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
  • Copying the Site, use of bots, spiders, introducing viruses is prohibited
  • engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
  • use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or "flooding" servers;
  • use the Site or its services in violation of our intellectual property or other proprietary or legal rights or rights any third party;
  • use the Site or its services in violation of any applicable law;
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its services;
  • post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to the reputation of any of the Session Parties or any of her or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
  • Session Goods does not read or monitor every post and can’t be held liable for any posts that are slanderous, libelous, or that violate anyone's intellectual property rights, including violating anyone’s copyrights or trademarks their rights of publicity, or any other laws.
  • To report prohibited conduct send an email to help@sessiongoods.com and we will remove it promptly.

We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.

Your registration and your user information
Some of the services on the Site are only available if you register to create an account. When any of the services on the Site require you to register with us ("Your Registration") or otherwise provide user information ("Your User Information"), you must complete the registration process by providing us with complete and accurate information. You grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Site. Our information collection and use policies with respect to the privacy of Your User Information are set forth in our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Registration or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your User Information, and of any and all other security breaches. We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.

We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove your User Content from the Site. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Site.

If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the account interface on the Site. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.

Map Policies
In many instances, we have agreed to sell certain Products offered for sale on the Site subject to what is referred to as a "minimum advertised price," or "MAP" policy. MAP is the lowest price that distributors and other resellers are allowed to publicly display a product for sale. This practice is used by some manufacturers to protect the integrity of their product(s) and brand. Generally, authorized retailers of a MAP protected product agree to adhere to these guidelines, failing which they risk losing the right to sell the product subject to that MAP policy. In addition, buyers may not be able to take advantage of post-sale services (i.e., warranty repair) when purchasing from a retailer that does not comply with a manufacturer’s MAP policy.

MAP policies are intended to protect consumers and sellers from disreputable dealers, giving all authorized retailers specific guidelines on how to advertise the price of the MAP product(s). This helps to ensure that buyers will be able to access the high level of service the manufacturer wants purchasers of their product(s) to receive.

If you have any questions regarding whether a particular Product purchased on the Site is subject to a MAP policy, please contact us.

Submission of your ideas suggestions
While you are encouraged to share ideas and suggestions through your use of the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through your use of the Site (collectively "Submissions"), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicensable, fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all embodiments, media, and means of communication, now known or hereafter developed. You represent and warrant to us that your Submissions are original to you, that you own or otherwise control all of the rights in your Submissions, or that you have the rights necessary to grant to us the license to your Submissions granted above, and that your Submissions do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. We agree that, if any Submission generates a sufficient level of popularity or mass appeal, as we may determine in our sole discretion, then we may enter into good faith negotiations with you of a royalty-bearing license agreement for exploitation of your Submission beyond the Site. Notwithstanding the foregoing, nothing in these Terms shall impose any obligation or requirement on us to proceed with or conclude any agreement or transaction with you concerning any such Submission. If you do not wish to grant the rights granted in this paragraph, do not share, submit or post any submission on or through the Site.

Links to third-party websites
The Site contains links to websites of third parties, including, without limitation, advertisements of third-party products and services and "buy" links to third-party vendors or retailers to purchase products or services featured on the Site. If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

Linking to the Site
You agree that if you implement a link to the Site (whether from another website or otherwise), such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content by, for example, and without limitation, "in-line" linking or "deep-linking" methods, or in any manner causing the Site, or any page of the Site, to be "framed," surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.

Warranty Disclaimers
We administer, control, and operate the Site from our offices in California, the United States of America. The Site is accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. This website is intended for use only located in the United States of America. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.

The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.

Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content. 

We do not guarantee the accuracy, timeliness, correctness, completeness, performance, or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content. Occasionally there may be information on our Site 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 Site or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted an order).

The Site and Site content are provided "as is" and "as available" without warranties of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy or usefulness of Site content and any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement, which are excluded from this agreement to the extent that they may be excluded as a matter of law. We do not warrant that the Site or Site content will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, inaccuracies, errors, or defects. You use the site at your own risk. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, browsing in, or use of, the Site or your downloading of the Site content. You are solely responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output, we make no warranty that the Site will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein.

YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. SESSION PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, PRODUCTS, AND YOUR USE THEREOF, including without limitation, warranties of title, salability, or any implied warranties of merchantability, fitness for a particular purpose, OR NON-INFRINGEMENT.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the Site is to terminate your registration and discontinue all use of the Site.

Passport
1. You are shopping on a merchant’s website (the “Merchant”).

2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”) and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors in order to enable Passport to complete your Qualifying Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3 The Merchant remains responsible for handling payment for your order.

3.4 Once your payment is processed, ownership of the items will shift from Passport, to you.

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7 If you are under the age of majority in the jurisdiction in which you reside, the approval of your parent or guardian is required to complete your purchase.

3.8 You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized.

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6. Shipping. Items in your order may be shipped via a single shipment or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7. Chargebacks, Fraud Prevention, and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error that results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorized by Passport or the Merchant, Passport shall also have the right to return the item to Merchant, and accordingly, the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorized by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorized to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations, and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport, and you consent to your personal information being collected, used, processed, disclosed, and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure, or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure, and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyze transactional data for the purpose of identifying trends, statistics, and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means and to receive communications from Passport electronically/via email.

9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.

9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed and will not affect the validity and enforceability of the remaining terms.

9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States, for all such purposes.

9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

9.8 Definitions. “Member State,” “third country,” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which is not of a class or description subject to any duty of excise, whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

(A) It is an order for a Product or Products placed via the Merchant’s website which is to be transported from:

  • a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
  • a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
  • a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or Products to an address:
  • in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty-five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty-five) British Pounds Sterling; and

     

  • in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.

Limitation of Liability
Except as set out below, under no circumstances, including, without limitation, breach of contract, tort, negligence, strict liability, or arising under any other legal or equitable theory will the Session parties or any of their officers, directors, members, or employees be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with the use of the Site, the Products, or with the delay or inability to use the Site, or for any information, software, products or services obtained through the Site, or otherwise arising out of the use of the Site, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you, in which case the liability of the Session parties and their officers, directors, members, and employees shall be limited to the fullest extent permitted by law.

In no event shall the Session parties or their officers, directors, members, or employees be liable for, or in connection with, any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site (including, without limitation, any of your content). In no event shall the total liability to you of the Session parties or any of their officers, directors, members, or employees for all damage, losses, and causes of action exceed, in the aggregate (a) the amount, if any, paid by you to us for your use of the Site or for any of your activities on the Site during the three months immediately preceding your claim, or (b) one hundred U.S. dollars (US$100), whichever is greater.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE SITE, OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Disclaimer: we are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.

Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including, without limitation, any and all liability, damages, costs, expenses (including, without limitation, reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of the Terms; (ii) your use of the SITE OR Services; (iii) your dispute with another user; (iv) your violation of any rights of any third party; or (v) your violation of applicable law.  This indemnification obligation will continue after you stop using the Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not, in any event, settle or otherwise dispose of any matter without our prior written consent.

Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

Modification, Suspension, and Termination
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.
 

Assignment
You agree that we may assign any of our rights, and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Electronic Communications, Transactions, and Signatures:
Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Accessibility
We are committed to making our Site accessible and usable by all people, including those with disabilities and special needs.  We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of Session’s Site and Services. If you have difficulty using or accessing any element of the Site or the Services or if you have any feedback regarding the accessibility of the Site or the other Services, please feel free to contact us at help@sessiongoods.com.

Users may view our full Accessibility Statementor request product documentation and reference materials in alternate formats (e.g. URL/documentation) by contacting help@sessiongoods.com.

Governing law and jurisdiction
You agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms, our Privacy Policy, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and any of the Session Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in San Francisco County, California, and the related appellate courts, in any related action or proceeding.

Arbitration
In the event of any dispute with Session, you agree to first contact Session to attempt in good faith to resolve the dispute.  All offers, promises, conduct, and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts, and attorneys are confidential, privileged, and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

If the dispute has not been resolved after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (except for disputes brought in small claims court) arising out of or in connection with or relating to these Terms of Service, the Site, the Products, or Services, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration in San Francisco, California before one arbitrator.  The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.  Judgment on the award may be entered in any court having jurisdiction.  If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the City of San Francisco, California.  You hereby accept the exclusive jurisdiction of such court for this purpose.

 

Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action.  Your access and continued use of the Site or Services signifies your explicit consent to this waiver.

Severability
In the event that any provision or part of a provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

Entire Agreement
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms and conditions contained in the Site, including, without limitation, our Privacy Policy, provided, however, that these Terms shall prevail in the event of a conflict with any such other documents.

These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

If any part of these Terms is determined to be invalid or unenforceable under applicable law, including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

Any rights not expressly granted in these Terms are reserved to us.