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These Terms govern the relationship and serve as a legally binding agreement between you and New Global Marketing, Inc. d/b/a Best Cigar Prices ("Best Cigar Prices", "we", "us", or "our") and set forth the terms and conditions by which you may access and use this website www.bestcigarprices.com (the "Website") and all products (“Products”), content, services, programs, and features offered thereon (collectively, “Services”).
By clicking "I Agree," selecting a relevant box to indicate your acceptance of these Terms, creating an account on our website (the "Website"), or by using any of the Services (as defined below) in any way, you (as a "User") expressly acknowledge that you have read, understand, accept and agree to be bound by these Terms, which form a binding agreement ("Agreement") between you and Best Cigar Prices. Your use of the Website is conditioned on your acceptance without modification of these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
YOU MUST BE AT LEAST 21 YEARS OLD TO USE THE WEBSITE AND PURCHASE ANY OF OUR PRODUCTS.
ARBITRATION NOTICE: IF YOU DO NOT OPT OUT OF ARBITRATION AS OUTLINED IN SECTION 14 OF THESE TERMS, YOU CONSENT TO RESOLVING DISPUTES BETWEEN YOU AND US, OR YOU AND THE SERVICE PROVIDERS RELATED TO THESE TERMS, THROUGH BINDING, INDIVIDUAL ARBITRATION. BY AGREEING TO THIS, YOU RELINQUISH YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS DETAILED FURTHER IN SECTION 18. WE PROVIDE INFORMATION ON EXCEPTIONS AND HOW TO OPT OUT OF ARBITRATION IN SECTION 15 OF THESE TERMS.
1. USE OF WEBSITE.
(a) Restrictions.By accessing or using this Website or any feature provided through the Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
(b) User Account, Password, And Security. To access certain features of the Website and Services, you must create a user account (“Account”). You are responsible for maintaining the confidentiality of your Account information, including usernames and passwords, and for restricting access to your devices. You are liable for all activities that occur under your Account, whether authorized by you or not. You agree not to misrepresent your identity, create an account for anyone else, or access accounts other than your own.
You must promptly notify Best Cigar Prices of any unauthorized use of your Account or any security breach, and ensure you log out at the end of each session. If you suspect unauthorized use, immediately change your password and notify us. Violations of these Terms may result in civil or criminal penalties, and we reserve the right to investigate and cooperate with law enforcement as necessary.
When creating and using your Account, you agree to provide and maintain accurate, current, and complete information, including payment details. If any information is found to be false, inaccurate, or incomplete, we may suspend or terminate your Account and cancel pending orders.
(c) Communications. By using the Website, creating an account, or providing us with your email address or other contact information, you consent to receive communications from Best Cigar Prices electronically. We may communicate with you by email, by posting notices on the Website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. It is your responsibility to keep your contact information current and to regularly check for communications from us.
(d) User Submitted Content. You acknowledge and agree that any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself, or any other content of any kind whatsoever (collectively, "User Content") that you post, submit, or otherwise make available through the Website or Services are your sole responsibility. Best Cigar Prices does not endorse, guarantee, or assume any responsibility for the accuracy, reliability, or appropriateness of any User Content. You warrant that your User Content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. Additionally, you hereby grant Best Cigar Prices the right, at its sole discretion, to edit, duplicate, or modify the User Content in any manner deemed necessary or desirable by Best Cigar Prices, and you irrevocably waive any moral rights you may have in the User Content. You also agree that you have no right of approval and no entitlement to compensation in connection with the User Content.
Best Cigar Prices reserves the right, but does not have the obligation, to monitor, review, screen, edit, remove, or disable access to any User Content at any time and for any reason, including but not limited to content that Best Cigar Prices, in its sole discretion, considers to be unlawful, offensive, inappropriate, in violation of these Terms, or otherwise objectionable. Best Cigar Prices may also remove or disable User Content in response to complaints, legal requests, or as required by law.
You understand and agree that Best Cigar Prices is not responsible or liable for any User Content posted by you or any other user, or for any loss or damage resulting from your reliance on such content. You further acknowledge that Best Cigar Prices is not obligated to pre-screen or actively monitor User Content, but may do so at its discretion.
Best Cigar Prices may, in its sole discretion, suspend or terminate your access to the Services or your account if you post, upload, or otherwise make available any User Content that violates these Terms or any applicable law.
If you believe that any User Content violates your rights or the rights of others, or is otherwise objectionable, please contact us at privacy@bestcigarprices.com. Best Cigar Prices will review such reports and take appropriate action as determined in its sole discretion.
You grant to Best Cigar Prices a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including moral rights) and license to utilize, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display in any medium User Content (in whole or in part) for the purpose of operating and providing the Services to you and our other users.
2. PRIVACY.
The use of the Website and Services is subject to the Privacy Notice of Best Cigar Prices. By using the Website and Services, you consent to the collection, use, maintenance, and transfer of the information (including personally identifiable information) that you provide to us in accordance with the terms of such Privacy Notice. A copy of the Privacy Notice can be found at www.bestcigarprices.com/policies/privacy-policy/. By using the Website and Services, you also acknowledge and agree that your information may be shared with and processed by other authorized service providers as necessary to provide the Services, and as such will be subject to the applicable service provider's privacy notice.
3. NOT INTENDED FOR CHILDREN; AGE RESTRICTION.
THE PRODUCTS AND SERVICES ARE NOT INTENDED FOR ANYONE UNDER TWENTY-ONE (21). You may only access the Website, purchase Products or use any of the Services if you are at least twenty-one (21) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms and all applicable local, state, national, and international laws, rules and regulations. Best Cigar Prices may use age verification tools or require proof of age at purchase or delivery, and you agree to comply with all applicable tobacco laws in your jurisdiction. In any case, you affirm that you are over the age of twenty-one (21).
4. TOBACCO WARNING.
Cigars and other tobacco products sold on this Website contain nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm. Nicotine is an addictive chemical. The use of tobacco products has been associated with serious health risks, including cancer, heart disease, and lung disease. Cigars are not a safe alternative to cigarettes. If you have questions about the health effects of tobacco use, please consult your physician or a qualified health professional. By purchasing products from this Website, you acknowledge and accept these health risks and agree that you are of legal age to purchase tobacco products in your jurisdiction.
5. INTELLECTUAL PROPERTY.
(a) Proprietary Rights. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Website, and the Services are owned by Best Cigar Prices or its licensors or providers. Neither these Terms, nor your access to or use of the Website or Services, transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights. No portion of the Website or Services, may be reproduced in any form or by any means, except as provided in these Terms. No rights are granted to you by implication, estoppel, or otherwise, except as expressly set forth in these Terms.
(b) Trademarks. The trademarks, service marks and logos ("Marks") used in the Website and in connection with the Products and Services are owned by Best Cigar Prices or its providers or licensors. The owner of the Marks holds exclusive rights to the Marks. You must not use any Marks without the prior written consent of Best Cigar Prices or the owner of the Marks. Best Cigar Prices' Marks identify Best Cigar Prices' Products and Services and indicate their source to the public. You are strictly prohibited from using any Best Cigar Prices Mark without Best Cigar Prices' prior written consent, including but not limited to:
You may not display, reproduce, or otherwise use the Marks for any purpose without express, prior written permission from Best Cigar Prices. To request permission, please email privacy@bestcigarprices.com. Best Cigar Prices will review your request and respond as appropriate. Any unauthorized use of the Marks is strictly prohibited and may violate federal and state trademark laws.
6. COPYRIGHT COMPLAINTS.
(a) Best Cigar Prices will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any Content uploaded to or posted on the Website or Services as well as terminate your access to the Website and Services if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content from the Website and Services is prohibited, unless specifically authorized by Best Cigar Prices in writing. Accordingly, no such Content may be used on another website or any mobile application without express written permission from Best Cigar Prices.
(b) Notice and Procedure for Making Claims of Copyright Infringement. Best Cigar Prices responds to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that Content or material on our Website or Services is unlawfully infringing a copyright owned by you, and wish to have the allegedly infringing material(s) removed or access to it blocked, you must provide notice to our Copyright Agent at: New Global Marketing, Inc. d/b/a Best Cigar Prices Attention: Legal Department 1555 MacArthur Blvd. Allentown, PA 18109 E-mail: legal@bestcigarprices.com
Please ensure that your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Website and Services; (iv) your address, telephone number, and/or email address; (v) a statement that you have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, itsj agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant you are authorized to act on behalf of the copyright owner; and (vii) your physical or electronic signature.
A provider of Content subject to a claim of infringement may make a counter notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification, and inform the complaining party that We will restore the removed or disabled Content within fourteen (14) business days. If We do not receive notice that a lawsuit has been filed within fourteen (14) business days after We provide notice of the counter-notification, We will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the "fair use" doctrine. You could potentially be held liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
It is Best Cigar Prices' policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
7. NO WARRANTIES. Best Cigar Prices makes no representation that any Services are available for use in your location, and a reference to Services on the Website does not imply that the Services will be available to you and/or in your location. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
8. DISCLAIMERS.
(a) NO ADDITIONAL WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, BEST CIGAR PRICES MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY ADDITIONAL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO PURCHASE THE PRODUCTS AND/OR ACCESS OR USE THE WEBSITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN CONNECTION WITH THE PRODUCTS OR SERVICES.
When using the Website, Products and/or the Services, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website, Products and/or Services.
(b) ADDITIONAL EXCLUSIONS. BEST CIGAR PRICES IS NOT LIABLE AND PROVIDES NO WARRANTY FOR ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES WITH ANY PRODUCTS OR SERVICES ARISING FROM (i) IMPROPER INSTALLATION OF THE PRODUCT; OR (ii) ANY USE OF THE PRODUCT OR SERVICE FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS BEING OFFERED BY BEST CIGAR PRICES; OR (iii) THE CONCURRENT USE OF THIRD PARTY PRODUCTS OR SERVICES, AS REASONABLY DETERMINED BY BEST CIGAR PRICES; OR (iv) ANY AND ALL CHANGES OR MODIFICATIONS TO THE PRODUCT OR SERVICE AFTER THE DATE OF PURCHASE; OR (v) ANY ERRORS, BUGS, CONFLICTS, OR INCOMPATIBILITIES THAT ARISE EXCLUSIVELY ON OR WITH RESPECT TO UNSUPPORTED BROWSERS.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BEST CIGAR PRICES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES AND/OR ANY OTHER PURCHASED THROUGH OUR WEBSITE OR OTHERWISE, WHETHER ARISING FROM WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF BEST CIGAR PRICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY SHALL BE LIMITED TO THE ACTUAL DAMAGES INCURRED BY YOU, NOT EXCEEDING THE AMOUNT YOU ACTUALLY PAID TO BEST CIGAR PRICES FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN QUESTION, OR THE MINIMUM AMOUNT ALLOWABLE BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW US TO DISCLAIM IMPLIED WARRANTIES OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTIES, AND THE EXTENT OF OUR LIABILITY, WILL BE THE MINIMUM PERMITTED BY LAW.
WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCTS AND/OR THE SERVICES AND/OR ANY OTHER PRODUCTS OR SERVICES THAT WE MAY OFFER. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND. ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES MUST BE FILED WITHIN ONE (1) YEAR FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH CLAIM.
10. INDEMNIFICATION. You hereby agree to indemnify, defend, and hold harmless Best Cigar Prices, its directors, officers, employees, and agents, and any third parties providing products or services via the Website from and against any and all suits, actions, claims, or proceedings (collectively, "Claims") for damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) arising from or related to (i) your violation of these Terms; (ii) your use of the Website, any Products or Services; (iii) your violation of applicable laws, regulations, or third-party rights; and (v) your willful misconduct, fraud, or negligence. We reserve the right to assume control over the defense of any Claim for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in such matters. You agree not to settle any matter without the prior written consent of Best Cigar Prices.
11. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.
(a) We may provide hyperlinks to other websites maintained by third parties, or may provide third party Content on the Website by framing or other methods (collectively, "Third Party Content"). In addition, the Website may include certain applications, features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. We make no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "AS IS."
Links to third-party websites, including social media platforms such as Facebook, Twitter, Instagram, and others, and delivery platforms like Instagram, as well as any third party content or applications, are provided for your convenience. These sites are not controlled or endorsed by Best Cigar Prices, and your use of such sites is subject to the terms and privacy policies of the respective third parties. Your interactions with Best Cigar Prices or other users on social media platforms are governed by the terms and policies of those platforms. By tagging Best Cigar Prices or using designated hashtags on social media, you grant Best Cigar Prices a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for marketing and promotional purposes, subject to the terms of the applicable social media platform. Please note that our Privacy Notice does not apply to third-party websites or social media platforms. We encourage you to review the privacy policies of any third-party sites you visit.
Best Cigar Prices shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, interactions with, or reliance on any such third-party content, offerings, products, or other material available on the services or on third party linked websites. In the event of a dispute with any Third-Party, other User, or entity, you acknowledge that Best Cigar Prices is not obligated to intervene, and you release and indemnify Best Cigar Prices Parties, defined as including but not limited to all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from any third-party claims or damages arising from such disputes or Website usage.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(b) In the event that you wish to establish a link to the Website, you expressly agree:
The link to our Website does not permit you to use any of the Best Cigar Prices and/or third party content, names, logos, pictures, or trademarks, unless separately agreed to in writing by the relevant rights-holder.
Please note that certain Best Cigar Prices owners, affiliates or personnel may have financial interests in one or more Third-Parties and may benefit from your engagement with these Third-Parties or the purchase of Third-Party Offerings.
If a third party should link to or refer to the Website, Products or the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Website, Products or the Services.
12. ONLINE STORE TERMS.
(a) Product Information and Availability. We strive to ensure that all product descriptions, images, pricing, and availability information are accurate and up to date. However, we do not guarantee the accuracy or completeness of such information. The on-screen display of the colors, designs, and products offered on the Website may differ from the actual appearance or size of the products offered on the Website. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. All products and services are subject to availability, and we reserve the right to limit quantities or discontinue any product at any time. Product descriptions, including for example those detailing "body" or tasting notes, are subjective and for informational purposes only; Best Cigar Prices disclaims all liability for any differences in individual user experience or disagreement with such descriptions.
(b) Orders and Acceptance. To place an order you must be 21 years of age or over, be accessible by telephone and/or have a valid email address. By placing an order, you make an offer to purchase the selected products or services in accordance with these Terms. We reserve the right to accept or reject any order for any reason, including but not limited to product or service unavailability, errors in pricing or product information, or suspected fraud. If we cancel your order after your payment has been processed, we will issue a refund for the amount paid. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
(c) Pricing and Payment. All prices are listed in U.S. dollars unless otherwise indicated. Prices do not include applicable taxes, shipping, or handling charges, which will be added to your total at checkout. We accept payment through the third party payment processor methods specified on the website. By submitting your payment information, you authorize us to charge the applicable amount to your selected payment method. Best Cigar Prices will not supply the ordered products or services to you until your credit card issuer has authorized the use of your card for payment of products. If Best Cigar Prices does not receive such authorization, Best Cigar Prices shall inform you accordingly. Best Cigar Prices reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.
(d) Shipping, Delivery, and Risk of Loss. We will arrange for the shipment of products to the address you provide at checkout. Shipping and delivery dates are estimates only and cannot be guaranteed. Title and risk of loss for products pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Shipping of tobacco products is restricted in certain jurisdictions and orders may be canceled or refused if shipping is not permitted to the User’s location.
(e) Returns and Refunds. Our return and refund policy is described on the Website and may be updated from time to time. To be eligible for a return or refund, you must comply with the requirements set forth in the return and refund policy. Certain products may be non-returnable or subject to additional restrictions.
(f) Promotions and Discounts. We may offer promotional codes, discounts, or other offers from time to time. Such offers are subject to their stated terms and may not be combined with other promotions unless expressly permitted. We reserve the right to modify or cancel promotions at any time.
(g) Product Use and Restrictions. Products and services purchased through the online store are for personal, non-commercial use only, unless otherwise expressly permitted. You agree not to resell, distribute, or otherwise use products or services for commercial purposes without our prior written consent.
13. REWARDS PROGRAM.
(a) Eligibility and Enrollment. Participation in our rewards programs (“Rewards Program”) is voluntary and open to individuals who meet the eligibility requirements as stated on the Website. To enroll, you may be required to create an account and provide accurate, current, and complete information. We reserve the right to determine eligibility and to refuse, suspend, or terminate participation at our sole discretion.
(b) Earning Rewards. Rewards, points, or credits (“Rewards”) may be earned through qualifying purchases or activities as described in the Rewards Program details. The methods for earning Rewards, the rate at which Rewards are earned, and the types of qualifying activities are subject to change at any time without notice. Rewards will be credited to your account according to the terms specified at the time of the qualifying transaction.
(c) Redeeming Rewards. Rewards may be redeemed for eligible products, discounts, or other benefits as described in the Rewards Program details. Redemption options, thresholds, and procedures are subject to change at any time. Rewards have no cash value and may not be exchanged, sold, or redeemed for cash or credit, except as required by law. Rewards may not be transferred or assigned to any other person or account.
(d) Expiration and Forfeiture. Rewards may expire or be forfeited if not used within the time period specified in the Rewards Program details, or if your account is inactive, closed, or terminated for any reason. We reserve the right to adjust, deduct, or cancel Rewards in the event of returns, cancellations, suspected fraud, abuse, or violation of these Terms or the Rewards Program rules.
(e) Program Changes and Termination. We reserve the right to modify, suspend, or terminate the Rewards Program, or any part of it, at any time and for any reason, with or without notice. This includes, but is not limited to, changes to the methods of earning or redeeming Rewards, the types or value of Rewards, and eligibility requirements. In the event of program termination, any unredeemed Rewards may be forfeited without compensation.
(f) Limitation of Liability. We are not responsible for any loss, theft, or unauthorized use of Rewards. To the fullest extent permitted by law, we disclaim all liability for any damages, losses, or claims arising out of or in connection with your participation in the Rewards Program.
(g) User Responsibility. You are responsible for maintaining the accuracy of your account information and for reviewing the Rewards Program rules and your Rewards balance. It is your responsibility to notify us of any discrepancies within a reasonable time.
(h) Additional Terms. Participation in the Rewards Program is subject to these Terms & Conditions, as well as any additional terms and conditions provided in connection with the Rewards Program. In the event of a conflict, the specific Rewards Program terms will govern.
14.UPDATES. We may make changes to or stop providing the Website, Products or the Services at any time and without further notice to you. We will make an effort to update this web page with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
15. TERMINATION OF SERVICE. We may, at any time and without cost, charge or liability, terminate your right to purchase Products and/or access Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Products or Services, to us, to our partners, to the business of our Internet service provider, or to other information providers.
16. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Best Cigar Prices irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that Best Cigar Prices may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
17. ADDITIONAL TERMS REGARDING BEST CIGAR PUB.
(a) Restaurant and Event Information Disclaimer. The information provided on the Website regarding our pub, including but not limited to menus, hours of operation, entertainment schedules, and reservation availability, is for informational purposes only. While we strive to keep this information accurate and up to date, we do not guarantee its completeness, accuracy, or availability. Menus, prices, hours, and entertainment offerings are subject to change without notice. We are not responsible for any errors or omissions, or for any loss or inconvenience resulting from reliance on such information.
(b) Reservations. By making a reservation through the Website, you agree to provide accurate and complete information. We reserve the right to cancel or refuse any reservation at our sole discretion. Please review our reservation and cancellation policies, which may be updated from time to time. Failure to honor a reservation or repeated no-shows may result in the suspension of your ability to make future reservations.
(c) Age Restrictions and Alcohol Service. Our pub is intended for patrons who are at least twenty-one (21) years of age. Valid government-issued identification is required for entry and for the purchase of tobacco or alcoholic beverages. We reserve the right to refuse service to anyone who cannot provide valid identification or who appears to be intoxicated.
(d) Event and Entertainment Disclaimers. Entertainment schedules and advertised events are subject to change or cancellation without notice. We are not responsible for the actions or omissions of performers, third-party vendors, or other guests. We do not guarantee the availability of any particular event or entertainment.
(e) Limitation of Liability for In-Person Services. To the fullest extent permitted by law, Best Cigar Prices and its affiliates are not liable for any personal injury, property damage, or other loss or harm that may occur on the premises of our pub, except as required by applicable law.
(f) Third-Party Services. Reservations or other services provided through third-party platforms, including but not limited to Eat App, are subject to the terms and privacy policies of those third parties. We are not responsible for the actions or omissions of third-party service providers.
18. MUTUAL DISPUTE RESOLUTION USING BINDING ARBITRATION (“ARBITRATION AGREEMENT”)
Should a dispute arise between you and us, we are committed to working with you to reach a reasonable resolution. You and Best Cigar Prices agree that sincere informal efforts to resolve disputes can lead to a swift, cost-effective, and mutually beneficial outcome. Therefore, before either party commences arbitration against the other, you and Best Cigar Prices will engage in a good-faith informal dispute resolution conference telephonically or via video conference to try to resolve any dispute covered by this arbitration agreement. If you are represented by legal counsel, your counsel may participate in the conference, but your participation is also required.
You and we mutually agree that any claim, dispute, or controversy arising between you and us, concerning Best Cigar Prices, the Services, the Content, the Privacy Notice, or any other goods, services, or advertising by Best Cigar Prices or any associated parties, including controversies regarding the applicability, enforceability, or validity of any provision of this Agreement (collectively referred to as “Disputes”), which is not resolved through an informal dispute resolution conference (as defined and described below), shall be resolved through confidential binding arbitration conducted by one arbitrator from the American Arbitration Association (“AAA”) with experience in resolving complex contract commercial-related claims mutually agreeable to the parties, rather than through litigation in court. The arbitration proceedings shall be held in Luzerne County, PA.
The arbitration process will be governed by the AAA’s Consumer Arbitration Rules then in effect and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes (collectively referred to as “Rules and Procedures”). If the parties are unable to agree on an arbitrator, then the parties agree that the American Arbitration Association will appoint an arbitrator who meets the requirements of this section upon application of a rank and strike process completed by the parties.
By agreeing to this Arbitration Agreement, you acknowledge that you are voluntarily waiving your right to a jury trial and to pursue a lawsuit in state or federal court, except as expressly provided herein. For the purposes of this Arbitration Agreement, “Dispute” also includes disputes arising from facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.
The arbitrator shall give effect to statutes of limitation and governing law in this Agreement in determining any claim, and any controversy concerning whether this Agreement, an issue, or dispute hereunder is arbitrable shall be determined by the arbitrator. The arbitrator shall follow the governing law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law, and the rationale for the arbitrator’s decision. The decision of arbitration shall be final, binding, and conclusive upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitrator shall have no authority to add to, detract from, or modify this Agreement or any applicable law in any respect. The arbitrator may not grant any remedy or relief greater than that sought by the parties. The confidentiality provisions of this Agreement shall apply to the claims and defenses in the arbitration proceeding. The opinion and arbitration hearing(s), proceeding(s) and filing(s), shall all remain confidential, except that final judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction for purposes of confirming and enforcing such award. Any documents filed to enforce a decision of the arbitrator will be filed under seal or otherwise protected from public view. Any decision by the arbitrator shall not be interpreted as an admission against the interest of any party and shall not be admissible as evidence in any subsequent court action with a third party.
The arbitrator shall be authorized to and shall permit the prevailing party in any claim resolved pursuant to this Agreement to recover, in addition to any other damages or compensation awarded by the arbitrator, such prevailing party’s reasonable costs and expenses of such claim, including reasonable attorneys’ fees and the amount such prevailing party may have paid or be obligated to pay with respect to the fees of the arbitrator and the administrative costs of the arbitration. Notwithstanding the foregoing provisions of this section, and notwithstanding the arbitrator’s authority to issue injunctive relief, the parties are not required to arbitrate any issue for which injunctive relief is sought by any party hereto and both parties may seek injunctive relief in any federal or state court having competent jurisdiction.
The arbitrator shall have authority to award only (i) injunctive relief, (ii) money damages, (iii) specific performance, (iv) attorneys’ fees, costs and expert witness fees to the prevailing party, and (v) sanctions for abuse or frustration of the arbitration process.
YOU AGREE TO NOT BRING CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM, AND AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND TO THE EXTENT OF THEIR INDIVIDUAL CLAIM, AND NOT ON BEHALF OF ANY CLASS OR IN ANY REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY.
You have the option to opt out of the provisions of this Arbitration Agreement requiring arbitration of Disputes within thirty (30) days of initially agreeing to any version of this Agreement mandating arbitration of disputes with Best Cigar Prices or any related parties. To opt-out, you must send your name, residential address, email address, and a clear statement expressing your desire to opt out of arbitration with the relevant party to: privacy@bestcigarprices.com ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement does not affect any other arbitration agreements currently in place or entered into in the future with us or any other Best Cigar Prices Parties.
Prior to initiating arbitration of a Dispute, you must provide us with a written Notice of Dispute containing your name, residential address, username (if applicable), email address associated with your Best Cigar Prices User Account (if applicable), a detailed description of the Dispute, and the requested relief. Likewise, before commencing arbitration of a Dispute against you, we will provide you with a written Notice of Dispute detailing the Dispute and the relief sought.
Any Notice of Dispute to us should be sent to 1 Hillside Drive, Drums, PA 18222 ATTN: Dispute Notice.
Except as specified above, if any part of this Arbitration Agreement is found to be invalid or unenforceable under the law, such part shall be severed, and the remainder of the Arbitration Agreement shall remain in full force and effect.
19. GOVERNING LAW AND JURISDICTION. The validity, interpretation, construction, and execution of this Agreement and your use of the Website, Products and Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflict of law rules. By using the Website, Products or the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions. If the Arbitration Agreement in this Agreement is found not to apply to any legal suit, action, or proceeding arising out of, or related to, this Agreement, You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in Pennsylvania, with respect to such matters. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS. Notwithstanding the foregoing, Best Cigar Prices may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that this Agreement is specifically enforceable by Best Cigar Prices through injunctive relief and other equitable remedies without proof of monetary damages. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. FORCE MAJEURE. Best Cigar Prices shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, supply chain disruptions, or governmental actions.
21. TIME LIMITATION ON CLAIMS. You agree that you will not bring a claim under or related to these Terms, Website, the any purchase of Products and/or any use of Services more than twelve (12) months after the date on which your claim first arose.
22. SEVERABILITY. If any portion of these Terms are deemed unlawful, void or unenforceable by any court of competent jurisdiction, then these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
23. WAIVER. If Best Cigar Prices does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Best Cigar Prices has the benefit of under any applicable law), this will not be taken to be a formal waiver of Best Cigar Prices' rights and that those rights or remedies will still be available to Best Cigar Prices.
24. SURVIVAL. Any provision of these Terms that by its nature should survive termination of these Terms or your use of the Products or Services will survive such termination, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.
25. COMPLIANCE WITH LAWS. You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations in connection with your access to and use of the Website, Products, and Services, including but not limited to those relating to the purchase, possession, and use of tobacco products. You are solely responsible for ensuring that your use of the Website, Products, and Services is lawful in your jurisdiction and for obtaining any necessary permits or approvals as required by law. Best Cigar Prices does not represent or warrant that the Website, Products, or Services are appropriate, available, or legal for use in any particular location. Access to the Website, Products, or Services from jurisdictions where such access is illegal or prohibited is strictly prohibited. We reserve the right to refuse or cancel orders or terminate accounts where we have reason to believe that use or purchase would violate any applicable law or regulation.
26. EXPORT RESTRICTIONS. All Products, any software and all underlying information and technology that you download or view from or through the Website or in connection with the Services (collectively, the "Software or Technical Data") may be subject to U.S. export control laws, including the US Export Administration Act and its associated regulations. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Website, Products and Services and any of our other products or services, including, but not limited to, any Software or Technical Data. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the US. Except as authorized by law, you agree and warrant not to export or re-export any Software or Technical Data to any country, or to any person or entity, subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
27. ASSIGNMENT. You may not assign, delegate, or transfer these Terms, or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be null and void. We may assign or transfer these Terms, in whole or in part, to any affiliate or in connection with a merger, sale of assets, financing, or other corporate transaction, without notice to you.
28. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or the Website, you agree that the information submitted will be subject to our Privacy Notice located at www.bestcigarprices.com/policies/privacy-policy/
Your Consent To These Terms
By purchasing Products and/or accessing and using the Services, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms or any part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Products and the Services. Your use of the Products and Services following the effective date of any amendment of these Terms will signify your assent to and acceptance of the revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments or requests to: via email at privacy@bestcigarprices.com or by fax 570-788-7198.
