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Terms and Conditions
Agreement
between user and www.anthonyscigars.com
Welcome to www.anthonyscigars.com. The
www.anthonyscigars.com website (the "Site") is comprised of various
web pages operated by Anthony's Cigar Emporium ("A.C.E").
www.anthonyscigars.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of www.anthonyscigars.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
www.anthonyscigars.com is a E-commerce Site
The purpose of our website is to provide
premium cigars, pipe tobacco, and other tobacco related accessories to
customers online around the country and around the world.
Privacy
Your use of www.anthonyscigars.com is subject
to A.C.E's Privacy Policy. Please review our Privacy Policy, which also governs
the Site and informs users of our data collection practices.
Electronic
Communications
Visiting www.anthonyscigars.com or sending
emails to A.C.E constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your
account
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that A.C.E is not responsible for third party access to your account that
results from theft or misappropriation of your account. A.C.E and its
associates reserve the right to refuse or cancel service, terminate accounts,
or remove or edit content in our sole discretion.
A.C.E does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 21, you may use www.anthonyscigars.com only with permission of
a parent or guardian.
Cancellation/Refund
Policy
If you are not completely satisfied with any
cigars that you purchase from Anthony’s Cigars, even after you have tried one
(1) you may return them within 15 days for full credit or full refund. If you
try more than one (1) cigar and you decide that they are not to your liking and
return them, you will receive credit or refund for the amount of cigars
returned, minus shipping costs. Returns accepted only with original Cellophane
Wrapper intact.
Links
to third party sites/Third party services
www.anthonyscigars.com may contain links to
other websites ("Linked Sites"). The Linked Sites are not under the
control of A.C.E and A.C.E is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. A.C.E is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
A.C.E of the site or any association with its operators.
Certain services made available via
www.anthonyscigars.com are delivered by third party sites and organizations. By
using any product, service or functionality originating from the
www.anthonyscigars.com domain, you hereby acknowledge and consent that A.C.E
may share such information and data with any third party with whom A.C.E has a
contractual relationship to provide the requested product, service or
functionality on behalf of www.anthonyscigars.com users and customers.
No
unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable,
revocable license to access and use www.anthonyscigars.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you
warrant to A.C.E that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service,
such as text, graphics, logos, images, as well as the compilation thereof, and
any software used on the Site, is the property of A.C.E or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit,
reverse engineer, participate in the transfer or sale, create derivative works,
or in any way exploit any of the content, in whole or in part, found on the Site.
A.C.E content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will
not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission of
A.C.E and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of A.C.E or our licensors except as
expressly authorized by these Terms.
Use of
communication services
The Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Service.
By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not: defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others; publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information; upload files that
contain software or other material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents; upload files that contain viruses,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer; advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service specifically
allows such messages; conduct or forward surveys, contests, pyramid schemes or
chain letters; download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed
in such manner; falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
A.C.E has no obligation to monitor the
Communication Services. However, A.C.E reserves the right to review materials
posted to a Communication Service and to remove any materials in its sole
discretion. A.C.E reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.
A.C.E reserves the right at all times to
disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in A.C.E's sole discretion.
Always use caution when giving out any
personally identifying information about yourself or your children in any
Communication Service. A.C.E does not control or endorse the content, messages
or information found in any Communication Service and, therefore, A.C.E
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized A.C.E spokespersons, and their views do
not necessarily reflect those of A.C.E.
Materials uploaded to a Communication Service
may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials
provided to www.anthonyscigars.com or posted on any A.C.E web page
A.C.E does not claim ownership of the
materials you provide to www.anthonyscigars.com (including feedback and
suggestions) or post, upload, input or submit to any A.C.E Site or our
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting A.C.E, our affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to
the use of your Submission, as provided herein. A.C.E is under no obligation to
post or use any Submission you may provide and may remove any Submission at any
time in A.C.E's sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
International
Users
The Service is controlled, operated and
administered by A.C.E from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the A.C.E Content accessed
through www.anthonyscigars.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless A.C.E, its officers, directors, employees, agents and third parties,
for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. A.C.E reserves the
right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with A.C.E in asserting any available defenses.
Liability
disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
ANTHONY'S CIGAR EMPORIUM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITE AT ANY TIME.
ANTHONY'S CIGAR EMPORIUM AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. ANTHONY'S CIGAR EMPORIUM AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL ANTHONY'S CIGAR EMPORIUM AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANTHONY'S
CIGAR EMPORIUM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE.
Termination/access
restriction
A.C.E reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Arizona and you hereby consent to the exclusive jurisdiction and venue of
courts in Arizona in all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and A.C.E as a result of
this agreement or use of the Site. A.C.E's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of A.C.E's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by A.C.E with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and A.C.E with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and A.C.E with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in
English.
Changes
to Terms
A.C.E reserves the right, in its sole
discretion, to change the Terms under which www.anthonyscigars.com is offered.
The most current version of the Terms will supersede all previous versions.
A.C.E encourages you to periodically review the Terms to stay informed of our
updates.
Contact
Us
A.C.E welcomes your questions or comments
regarding the Terms:
Anthony's Cigar Emporium
7866 N Oracle Rd
Tucson, Arizona 85704
Email Address:
admin@anthonyscigars,com
Telephone number:
520-219-0613
Effective as of August 01, 2014
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