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TERMS AND CONDITIONS

TERMS AND CONDITIONS

  1. ACCEPTING THESE TERMS

This document, our rules, policies and the other documents referenced make

up our Terms and Conditions (“Terms”). The Terms are a legally binding

contract between you and Cigar Club. This contract sets out your rights and

responsibilities when you use www.cigarclub.com.mx. Please read them

carefully.

  1. ONLINE STORE TERMS

By agreeing to the Terms and Conditions you are agreeing to the fact that: You

are 21 and over and will comply with showing proof of identification of being

over 21 at any point when asked. Failure to do so will lead to a termination of

your access to the website and refusal to send orders.

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.

  1. 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.

  1. 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

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.

  1. MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any

part or content thereof) without notice 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 Service.

  1. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the

website. 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 any time without notice, at the sole discretion

of us. 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.

  1. ACCURACY OF BILLING 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 email 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.

  1. 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 tool ”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 and Conditions.

  1. THIRD PARTY LINKS

Certain content, products and services available via our Service may include

materials from third-parties.

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.

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 thirdparty'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.

  1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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.

We may, but have no obligation to, monitor, edit or remove content that we

determine in our sole discretion are unlawful, offensive, threatening, libelous,

defamatory, pornographic, obscene or otherwise objectionable or violates any

party’s intellectual property or these Terms and Conditions.

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 email 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.

  1. 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.

  1. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, 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.

  1. USER CONTENT

Content that you post using our website must be content you own or have the

right to use (so let’s refer to it as “Your Content”). That includes anything you

post using our website.

  • Responsibility for Your Content. You are solely responsible for Your

Content. You represent that you have all necessary rights to Your Content

and that you’re not infringing or violating any third party’s rights by

posting it.

  • Permission to Use Your Content. By posting Your Content through our

website, you grant Cigar Club a license to use it. We don’t claim any

ownership to Your Content, but we have your permission to use it to help

Cigar Club function and grow.

  • Reporting Infringing Content. Cigar Club has great respect for

intellectual property rights, and is committed to following appropriate legal

procedures to remove infringing content from the Service.

  1. 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.

In no case shall Cigar Club, our directors, officers, 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 savings, loss of data, replacement costs, or any similar

damages, whether based in contract, tort (including negligence), strict liability

or otherwise, arising from your use of any of the service or any products

procured using the service, or for any 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.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cigar Club and our parent,

subsidiaries, affiliates, partners, officers, directors, agents, contractors,

licensors, service providers, subcontractors, suppliers, interns and employees,

harmless from any claim or demand, including reasonable attorneys’ fees,

made by any third-party due to or arising out of your breach of these Terms

and Conditions or the documents they incorporate by reference, or your

violation of any law or the rights of a third-party.

  1. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination

date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either

you or us. You may terminate these Terms and Conditions at any time by

notifying us that you no longer wish to use our Services, or when you cease

using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply

with any term or provision of these Terms and Conditions, we also may

terminate this agreement at any time without notice and you will remain liable

for all amounts due up to and including the date of termination; and/or

accordingly may deny you access to our Services (or any part thereof).

  1. WAIVER

No waiver of any provision hereof shall be effective unless made in writing and

signed by the waiving party. The failure of any party to require the performance

of any term or obligation of this Agreement, or the waiver by any party of any

breach of this Agreement, shall not prevent any subsequent enforcement of

such term or obligation or be deemed a waiver of any subsequent breach.

  1. ENTIRE AGREEMENT

This Agreement contains the entire agreement and understanding among the

parties hereto with respect to the subject matter hereof, and supersedes all

prior and contemporaneous agreements, understandings, inducements and

conditions, express or implied, oral or written, of any nature whatsoever with

respect to the subject matter hereof. The express terms hereof control and

supersede any course of performance and/or usage of the trade inconsistent

with any of the terms hereof.

 

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