Last Gasp's Terms of Use

Restrictions on Use

This Web site, lastgasp.com, is owned and operated by Last Gasp, 777 Florida Street, San Francisco CA 94110. By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. Last Gasp retains the right, at its discretion, to change any of these terms in the future.

Last Gasp grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Last Gasp. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Last Gasp. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of lastgasp.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Last Gasp's name or trademarks without the express written consent of Last Gasp. Any unauthorized use terminates the permission or license granted by Last Gasp. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of lastgasp.com so long as the link does not portray Last Gasp, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Last Gasp logo or other proprietary graphic or trademark as part of the link without express written permission.

Your use of and access to lastgasp.com is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in your use of and access to lastgasp.com. In addition, you agree that: (1) you will not interfere with another person's use and enjoyment of lastgasp.com; (2) you will not interfere with or disrupt lastgasp.com's security measures; (3) you will not interfere with or disrupt networks connected to lastgasp.com, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with lastgasp.com.

lastgasp.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use lastgasp.com only with involvement of a parent or guardian.

Ownership of Copyright

All materials contained on lastgasp.com, including without limitation text, graphics, icons, images and software, are the property of Last Gasp or its content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Last Gasp. You may not alter or remove any trademark, copyright, patent or other notice from copies of content. Last Gasp respects copyright law and expects our users to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights.

Last Gasp and all other Last Gasp logos and trade names are trademarks or registered trademarks of Last Gasp. All trademarks used on lastgasp.com are the property of their respective owners.

No Unsolicited Manuscripts

Last Gasp does not accept unsolicited manuscripts sent to it through lastgasp.com, and takes no responsibility for any manuscript so transmitted.

License to Last Gasp

By posting messages, sending e-mails, inputting data, answering questions, or otherwise communicating with Last Gasp through lastgasp.com (a "Communication"), you are granting Last Gasp a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.

Product Reviews

Visitors may post reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not impersonate any person or entity, or otherwise mislead as to the origin of the review. Lastgasp.com reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant lastgasp.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant lastgasp.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify lastgasp.com or its affiliates for all claims resulting from content you supply. Lastgasp.com has the right but not the obligation to monitor and edit or remove any activity or content. Lastgasp.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Exclusion of Liability

YOUR USE OF THIS WEB SITE IS "AS IS", AND LAST GASP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAST GASP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAST GASP FURTHER DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LAST GASP OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF LASTGASP.COM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH LASTGASP.COM, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LAST GASP RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Ordering from the Last Gasp web site

You agree that you will provide us with accurate information (such as your real name, valid e-mail and delivery addresses, and accurate, non-fraudulent payment information). We may communicate with you via email and any other similar technology for purposes relating to any orders you place with us, or any other services we provide to you.

For more information about how we treat the information you provide to us, you may review our Privacy Policy.

Risk of Loss

All items purchased from lastgasp.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you believe your order has been lost by UPS, we can help you track down your shipment and make a claim. If you believe your order was damaged in transit by UPS, you must retain the original box and all packing material to make a claim.

Product Descriptions

Last Gasp attempts to be as accurate as possible. However, Last Gasp does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Returns Policy

If you are not satisfied with a product you purchased from lastgasp.com you can return it for a product credit. The returned item MUST be received by us within 30 days of the date you received it. Returned books, audio tapes, audio CDs, videotapes, and DVDs must be in resalable condition (including all original product packaging in good condition), so please pack the product(s) extremely well. Use the packing material it was shipped to you in, if you still have it. You are responsible for the return shipping charges. Please ship via an insured method; we are not responsible for returns lost on the way back to us. We'll issue a credit to you for the amount you paid for the product(s). You will not receive credit for the original cost of shipping.

Links to Other Web Sites

Last Gasp has provided links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this Web site. Last Gasp does not in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to lastgasp.com, and you should always review the terms and conditions of any site that you access through a link from this site.

Indemnity

You agree to defend, indemnify and hold Last Gasp, as well as its parents, subsidiaries, affiliates, officers, employees and independent contractors, harmless from any loss, liability, damages and expenses (including without limitation reasonable attorneys' fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of lastgasp.com, your violation of these Terms of Use, or your violation of the rights of any third party.

Termination

This agreement may be terminated by Last Gasp at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on Last Gasp's liability and on your use of material on lastgasp.com shall survive.

These Terms and Conditions, along with any additional rules or conditions referred to herein and the Last Gasp Privacy Policy, constitute the entire agreement and understanding between you and Last Gasp as to your use of lastgasp.com, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of lastgasp.com to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

This site is created, controlled and operated by Last Gasp in the State of California, USA. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. Last Gasp is located at 777 Florida Street, San Francisco, California 94110, and can be reached by telephone at (415) 824-6636. We ask that you bring service problems to our attention, but you may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210.

Last Gasp reserves the right to change the terms of this agreement without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A., and the parties agree to submit to the personal jurisdiction and exclusive venue of these courts. If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute your entire agreement with Last Gasp with respect to their subject matter, and supercede any other previous written terms and any oral or promotional statements. Last Gasp reserves the right to make changes to lastgasp.com and our policies at any time.

Contact Last Gasp

Please email your questions and comments to Last Gasp.

Revised January 29, 2007.