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SMOKING WITH CIGARREST GUARANTEED!
TERMS AND CONDITIONS OF PURCHASE AND USE
Acceptance
of Terms and Conditions of Purchase and Use CigArrest (“we,” “our” or “us”),
owns and operates the CigArrest websites (“Site”). The
terms and conditions (“Terms”) that appear below constitute
a contract between you and us and govern the use of this Site and
transactions between you and us. By using the Site, you acknowledge
having read and understood and agreed to these Terms. If you do not
wish to be bound by these Terms, do not use the Site and do not order
products through the Site.
We may occasionally change these Terms. Please refer to the Site
for changes to them.
Privacy Policy Certain information we collect
about you is subject to our Privacy Policy. For more information,
see our full Privacy Policy at the Site.
Terms of Purchase Price Product
prices are stated at the Site. We may and reserves the right to
modify product prices, shipping & handling and any other charges
at any time.
Return and Refund Policy. At
the time of purchase, you may have been offered an automatic shipment
(“auto-ship”)
and/or one-time plan for our products. The price for the products
was stated to you at the time of purchase. If you chose an auto-ship
plan, the price of your initial purchase is charged, on the date
of shipping, to the credit/debit card you provided at the time you
ordered, and the price of further purchases will be automatically
charged to the same credit/debit card at the interval you agreed
to at the time of your initial purchase. You can cancel your auto-shipment
at any time and have no further obligation. You will continue to
be billed for any remaining product you have on hand unless that
product is returned. You may return your remaining product for a
refund less shipping and handling charges upon request for a refund
and return of the product within 30 days of being charged. Cancellation
and refund requests must be made by phone by calling the number on
the website or by mail to Attn: Cancellations, 170 Eucalyptus Ave.
, Vista , CA 92084 . If you chose the one-time offer, the charge
will be automatically billed, at time of shipping to the credit/debit
card you provided at the time of purchase. If you used a credit card,
you may be subject to a preauthorization at the time you place your
order. The preauthorization is not a charge to the credit card. However,
the then applicable full price for the products you ordered may be
reserved against your available credit card limit.
Product Availability, Delivery and Transfer of Title We
do not control and therefore cannot guarantee availability of an
ordered product. If we are unable to deliver an ordered product to
you due to insufficient inventory, we will notify you and you may
do one of the following things: 1) request that the product be delivered
when it becomes available, in which case you will be charged for
the purchase only at that time; or 2) cancel and request that the
product not be delivered, in which case you will not be charged.
We are not responsible for, and disclaim any responsibility for,
any damage you may suffer due to unavailability of a product you
ordered.
We will deliver the products you ordered upon receipt of full payment
for the purchase. The products will be delivered to the address you
provided at the time of the order. We will make best efforts to deliver
the products in a safe and timely fashion, however, we are not responsible
for and disclaim any responsibility for events beyond our control
including, without limitation, acts of God, transportation, mechanical
or other system failures or interruptions, weather conditions, strikes
or other business interruptions, or acts of public authorities, including
customs and health officials, that prevent or delay shipment. Title
to the products you ordered passes to you, and you become the owner
of them, at the moment they are transferred to the shipping carrier
for delivery to you. Except as otherwise may be provided herein,
at the moment of transfer to the carrier you assume all risk associated
with those products and we are not liable for their loss, damage
or destruction.
Delivery of product is subject to the rules of the shipping carrier
used by us, in particular, those covering signature acknowledging
receipt of product. If you are absent from the delivery point designated
by you at the time of delivery, it is your responsibility to recover
the products according to the rules of the shipping company that
is attempting to make delivery to you.
Warranties Any limited warranties provided by
the manufacturers of our products are included in the documentation
provided with the products and can be found at the Site. There are
no warranties for services. We make no express warranties except
those stated in any applicable warranty statement in effect on the
date of the invoice. Any such warranties will be effective, and we
or the product manufacturer will be obligated to honor any such warranties,
only upon our receipt of full payment for the item to be warranted.
Except as otherwise stated, your use of the Site and purchase of
products from us is solely at your own risk.
Limitation of Liability and Disclaimer of Warranties We
expressly disclaim all warranties either express or implied, including
any implied warranty of merchantability or fitness for a particular
purpose, provided, however, that this disclaimer does not affect
the terms of any manufacturer's warranty that may be provided.
We do not accept liability beyond the remedies set forth herein,
including any liability for unavailability of product or provision
of services and support. We are not liable for lost profits, loss
of business, personal injury or other consequential, special, indirect,
or punitive damages, even if advised of the possibility of such damages,
or for any claim by any third party except as expressly provided
herein. You agree that for any liability related to the purchase
of products or services bundled with the products, we are not liable,
if at all, for any amount of damages above the aggregate dollar amount
you paid for the purchase of the products or services.
Some jurisdictions do not allow the exclusion of certain warranties
or limitation of incidental or consequential damages. In such jurisdictions
our liability shall be limited to the extent permitted by law.
Access and Interface By accessing the Site for
information about our products, to purchase our products or for any
other reason, you agree that you will not use any robot, spider,
other automatic device or otherwise to monitor or copy the Site web
pages or the content contained therein without our express written
consent. You further agree that you will not use any device, software
or other method to interfere with the proper working of the Site.
We reserve the right to terminate your access to the Site at any
time, with or without your consent.
Proprietary Rights You acknowledge and agree that
our Site and any necessary software used in conjunction with it contain
proprietary and confidential information that is protected by intellectual
property and other laws. You further acknowledge and agree that content
contained on our Site is protected by copyrights, trademarks, service
marks, patents and other proprietary rights and laws. Except as expressly
authorized by us, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on our Site or software,
in whole or in part.
We grant you a personal, nontransferable and nonexclusive right
and license to use the object code of its software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble,
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
software. You agree not to access our Site by any means other than
through the interface that is provided by us for use in accessing
the Site. You may not frame or utilize framing techniques to enclose
any trademark, logo or other information (including images, text,
page layout, or form) of us or our affiliates without our express
written consent. You may not use any meta tags or any other hidden
text utilizing our name or trademarks without our express written
consent. Any unauthorized use terminates the permission or limited
license granted to you by us and subjects you to potential legal
action.
Copyright All content included on the Site, such
as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is our property, our
suppliers and/or other content providers and is protected by United
States and international copyright laws. The compilation of all content
on the Site is our exclusive property and is protected by United
States and international copyright laws. All software used on the
Site is our property or our software suppliers and is protected by
United States and international copyright laws.
Trademarks Marks indicated on our Site are registered
trademarks or service marks of us or our affiliates and/or subsidiaries,
in the United States and other countries. Our graphics, logos, page
headers, button icons, scripts and service names are trademarks,
service marks or trade dress of us or our affiliates and subsidiaries.
Our trademarks, service marks and trade dress may not be used in
connection with any product or service that is not ours, in any manner
that is likely to cause confusion among customers, or in any manner
that disparages or discredits us. All other trademarks that we do
not owned by us, our affiliates or its subsidiaries that appear on
the Site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by us, our
affiliates or our subsidiaries.
Use of Information and Ideas Submitted You
hereby acknowledge and agree that we are free to use any comments,
information, ideas, concepts, reviews, techniques or other information
(collectively, “Ideas”)
contained in any communication you may send to us or have with our
representative, and we shall have no obligation to compensate you
in any way for the Ideas provided by you that are used by us for
commercial purposes, including use by us in designing, developing,
manufacturing and marketing products and creating, modifying or improving
upon ours or other products, services or websites affiliated with
us. In posting, displaying or otherwise communicating any such Ideas
on our Site, you hereby grant to us a non-exclusive license to display,
use, reproduce or modify the Ideas.
No Resale of Our Products or Services You agree
not to access, reproduce, duplicate, copy, sell, resell or exploit
for any commercial purpose any of our products or services.
Indemnification Upon request of us, you agree
to defend, indemnify and hold harmless us and our affiliates, and
their employees, contractors, agents, representatives, officers and
directors from all liabilities, claims and expenses, including without
limitation reasonable attorney's fees, from your use or misuse of
the Site. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification, in which event you will cooperate with us in asserting
any available defense.
Binding Arbitration Any claim, dispute, or controversy
against us, our agents, employees, successors, assigns or affiliates
arising from or relating to your use of the Site and/or purchase
of products from us, our advertising or these Terms, their interpretation,
or the breach, termination or invalidity thereof, shall be resolved
exclusively and finally by binding arbitration under the Rules of
the American Arbitration Association. The arbitration will be limited
solely to the dispute between you and us. Any award of the arbitrator(s)
shall be final and binding on each of the parties, and may be entered
as a judgment in any court of competent jurisdiction. Reasonable
attorney's fees and legal costs may be awarded by the arbitrator(s)
to the prevailing party.
Governing Law and Forum These Terms are governed
by California law. Any action to enforce or interpret them, and any
arbitration to resolve a dispute under them, shall be initiated and
maintained exclusively in San Diego County , State of California
. The parties irrevocably submit to the jurisdiction of the courts
in San Diego County and waive all objections they otherwise may have
to jurisdiction or venue.
Severability and Integration Unless otherwise
specified herein, these Terms and the Privacy Policy constitute the
sole and exclusive agreement between you and us and our affiliates
with respect to the Site and supersedes all prior and contemporaneous
communications and proposals (whether or not electronic) between
you and us with respect to us. If any portion of the Terms or Privacy
Policy is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Parties in Interest Nothing in these Terms is
intended to confer any rights or remedies under or by reason of these
Terms on any persons other than the parties to these Terms.
Notice Notices to
you may be made via either email or regular mail. We may also make
changes to these Terms or other matters by displaying notices at
the Site.
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