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Terms of Use
Welcome to Cigar.com. Before you use the Cigar.com Web
Site (the "Site"), please read the following basic terms that govern your use
of the Site. By using the Site, you agree to follow and be bound by these terms
(the "Agreement").
We may from time to time change
the rules that govern your use of the Site. Your use of the Site following any
such change constitutes your agreement to follow and be bound by the rules as
changed. We may change, move or delete portions of, or may add to, the Site
from time to time including, but not limited to, content and equipment and/or
software needed for access or use.
Unless otherwise noted, all materials, including images,
illustrations, designs, icons, photographs, and other written materials that
are part of the Site are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed by Cigar.com. The Site as
a whole is protected by copyright and trade dress, all worldwide rights, titles
and interests in and to which are owned by Cigar.com.
All other trademarks, service
marks, product names and company names or logos appearing on the Site are the
property of their respective owners. Any use of such trademarks, service marks,
product names and company names or logos, including the reproduction,
modification, distribution or republication of same without the prior written
permission of the owner of same, is strictly prohibited.
The materials on the Site, and
the Site as a whole, are intended solely for personal, noncommercial use. You
may download or copy the downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of, or exploit in any way, in whole or in part, any of the materials on the
Site, the Site as a whole, or any related software without the prior written
permission of Cigar.com. Further, you may not frame
any of the content, deep-link to the Site, trespass or scrape the Site with
automated agents without prior written permission of Cigar.com.
All comments, feedback,
suggestions, ideas and other submissions disclosed, submitted or offered to
Cigar.com or otherwise disclosed, submitted or offered in connection with your
use of the Site shall be and remain Cigar.com's property. Such disclosure,
submission or offer shall constitute an assignment to Cigar.com of all
worldwide rights, titles and interests in all copyrights and other intellectual
property rights in such comments, feedback, suggestions, ideas and other
submissions.
All duties, taxes and licenses
incurred while shopping at Cigar.com are the sole responsibility of the
customer. Cigar.com cannot be held responsible (nor vouch) for any orders with
pending taxes, duties or licenses.
Cigar smoking is not a safe
alternative to cigarettes. Cigar smoking can cause lung cancer and heart
disease. Cigar smoking can cause cancers of the mouth and throat, even if you
do not inhale. Cigar smoking increases the risk of infertility, stillbirth and
low birth weight. Cigars contain and produce chemicals known to The State of
California to cause cancer, birth defects and other reproductive harm.
Cigar.com will not sell tobacco or tobacco related products to anyone under
the age of 21, nor will it sell cigarettes. Cigar.com cannot be held responsible
for minors purchasing tobacco or tobacco related products with a guardian credit
card. By using the Site, you agree that you are at least 21 years of age.
You are responsible for and must
provide all computer, telephone and other equipment and services necessary to
access the Site. In addition, you are responsible for any access charges
incurred through on-line services, telephone companies, or Internet service
providers used in obtaining access to the Site.
You shall use Cigar.com for
lawful purposes only. You shall not transmit through Cigar.com any material
which violates or infringes in any way upon the rights of others, which is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable which encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law. We reserve the right, in our sole discretion, to
refuse to produce goods and/or to terminate your access to Cigar.com for any
breach of this provision or any other provision of this Agreement.
YOU ACKNOWLEDGE THAT USE OF OUR
SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR
UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE
OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR
USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF
THE SITE, AND THAT CIGAR.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any,
shall not exceed the total of the invoice for services and products provided on
the transaction in dispute. We shall not be liable for indirect, incidental,
consequential, reliance or special damages for harm to business, lost profits,
lost savings or lost revenues, whether or not we have been advised of the
possibility of such damages. We shall not be liable for any damage that you may
suffer arising out of use, or inability to use, the services or products
provided hereunder unless such damage is a caused intentional act of Cigar.com.
We shall not be liable for unauthorized access by third parties to your
transmission facilities, premises or equipment or for unauthorized access to or
alteration, theft, loss or destruction of users network, systems, applications,
data files, programs, procedures, or information through accident, fraudulent
means or devices, or any other method. These limitations of liability shall
apply regardless of the form of action, whether in contract, warranty, strict
liability or tort, and shall survive failure of an exclusive remedy. The
provisions of this paragraph will survive any sale completed with you and any
change or elimination of this Agreement and/or the Site.
You agree to indemnify, defend
and hold harmless Cigar.com Parties against all damages, claims, liability,
costs, and expenses, including but not limited to reasonable attorneys fees,
arising out of violation of any of the provisions of this Agreement by you or
anyone accessing Cigar.com under your account.
The Site is created and
controlled by Cigar.com, Inc. in the State of Pennsylvania. The laws of the State
of Pennsylvania will govern all terms, conditions and disclaimers on the Site,
including this Agreement, without giving effect to any principles of conflicts
of laws.
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