| CIGAR KING TERMS OF USE
Notice: CIGAR KING. (the “Company”) has created these terms of use (the “Terms of Use”) for the www.cigarking.com web site (the “Site”). Please read these Terms of Use before using the Site. Do not use this Site if you do not agree with the Terms of Use. Use of this Site signifies compliance with, and acceptance of, these Terms of Use and the Company’s Privacy Policy, which is incorporated herein.
Site Usage
The Company authorizes you to view and download designated electronic information at this Site that may be made available from time to time. This electronic information ("Designated Information") may consist of technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original Designated Information and on any copies of the Designated Information. You may not modify the Designated Information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the Designated Information for any commercial purpose. For purposes of these Terms of Use, any use of the Designated Information on any other web site or networked computer environment (including but not limited to posting of Designated Information on a local intranet or extranet) for any purpose is prohibited without the express written permission of the Company. The Designated Information at this Site is copyrighted and any unauthorized use of any Designated Information located at this Site may violate copyright, trademark, and other laws. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any Designated Information obtained from the Site.
All other material on the Site, including without limitation all other informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Restricted Material"), whether publicly posted or privately transmitted, as well as all derivative works, is owned by the Company or its licensees and is protected by copyright, trademark and other intellectual property laws. You may not copy, reproduce, republish, modify, download, post, transmit, or distribute in any way any Restricted Material from the Site without the prior written permission of the Company. Additionally, the use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
Information Provided
The information provided on this Site, including product information, is furnished for the convenience of our customers and is accurate as possible. However, the Company makes no guarantee, either expressed or implied, as to its accuracy or availability of listed products.
User Submissions
Any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to the Company using links provided in this Site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by the Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. We assume no responsibility for reviewing unsolicited ideas for our business, such as product or advertising ideas. By submitting any material, information or idea to the Site, you waive any right to compensation of any type for such material, information or idea. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The user may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). The user will indemnify the Company for any and all damages resulting from the user’s actions or postings that violate any of these policies. The Company reserves the right to prohibit further postings by any user for violation of these standards.
Links To Other Web Sites
Links to third party web sites not maintained by the Company on this Site are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this Site. The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. The Company does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer
The materials provided at this Site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. The Company further does not warrant the accuracy and completeness of the materials at this Site. The Company may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and the Company makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country or local area. We are not responsible for typographical errors and issuance of this information is not a commitment to sell. Consult the Company directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. THE COMPANY DISCLAIMS ANY LIABILITY FOR USE OF THE COMPANY PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.
Applicable Laws
This Site is administered by the Company based in Scottsdale, AZ. The Company makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms of Use will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of laws.
Forward Looking Statements
The Site may contain forward-looking statements regarding the Company’s business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive service and product offerings, and lack of market acceptance.
General
The Company reserves the right to modify these Terms of Use at any time. The Terms of Use are binding upon you, therefore, you should review them often. The Terms of Use may be superseded by specific terms elsewhere on the Site. The effective date of this Terms of Use is 10/12/05.
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