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Terms of Use
Welcome to
tobaccoparadise.com.
Before you use the Web Site (the “Site”), please read the following basic
terms that govern your use of the Site. By using the Site, you agree to
follow and be bound by these terms (the “Agreement”).
We may from time to time change the rules that govern your use of the
Site. Your use of the Site following any such change constitutes your
agreement to follow and be bound by the rules as changed. We may change,
move or delete portions of, or may add to, the Site from time to time
including, but not limited to, content and equipment and/or software
needed for access or use.
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, and other written materials that are part of
the Site are copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed by
tobaccoparadise.com.
The Site as a whole is protected by copyright and trade dress, all
worldwide rights, titles and interests in and to which are owned by
tobaccoparadise.com.
All other trademarks, service marks, product names and company names or
logos appearing on the Site are the property of their respective owners.
Any use of such trademarks, service marks, product names and company names
or logos, including the reproduction, modification, distribution or
republication of same without the prior written permission of the owner of
same, is strictly prohibited.
The materials on the Site, and the Site as a whole, are intended solely
for personal, noncommercial use. You may download or copy the downloadable
materials displayed on the Site for your personal use only. No right,
title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of,
or exploit in any way, in whole or in part, any of the materials on the
Site, the Site as a whole, or any related software without the prior
written permission of
tobaccoparadise.com.
Further, you may not frame any of the content, deep-link to the Site,
trespass or scrape the Site with automated agents without prior written
permission of
tobaccoparadise.com.
All comments, feedback, suggestions, ideas and other submissions
disclosed, submitted or offered to
tobaccoparadise.com
or otherwise disclosed, submitted or offered in connection with your use
of the Site shall be and remain
tobaccoparadise.coms
property. Such disclosure, submission or offer shall constitute an
assignment to
tobaccoparadise.com
of all worldwide rights, titles and interests in all copyrights and other
intellectual property rights in such comments, feedback, suggestions,
ideas and other submissions.
All duties, taxes and licenses incurred while shopping at
tobaccoparadise.com
are the sole responsibility of the customer.
tobaccoparadise.com
cannot be held responsible (nor vouch) for any orders with pending taxes,
duties or licenses.
Cigar smoking is not a safe alternative to cigarettes. Cigar smoking can
cause lung cancer and heart disease. Cigar smoking can cause cancers of
the mouth and throat, even if you do not inhale. Cigar smoking increases
the risk of infertility, stillbirth and low birth weight. Cigars contain
and produce chemicals known to The State of California to cause cancer,
birth defects and other reproductive harm.
tobaccoparadise.com
will not sell tobacco or tobacco related products to anyone under the age
of 18, nor will it sell cigarettes.
tobaccoparadise.com
cannot be held responsible for minors purchasing tobacco or tobacco
related products with a guardian credit card. By using the Site, you agree
that you are at least 18 years of age.
You are responsible for and must provide all computer, telephone and other
equipment and services necessary to access the Site. In addition, you are
responsible for any access charges incurred through on-line services,
telephone companies, or Internet service providers used in obtaining
access to the Site.
You shall use
tobaccoparadise.com
for lawful purposes only. You shall not transmit through
tobaccoparadise.com
any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law. We
reserve the right, in our sole discretion, to refuse to produce goods
and/or to terminate your access to
tobaccoparadise.com
for any breach of this provision or any other provision of this Agreement.
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT
WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS
TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL
CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL
RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR
REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE,
AND THAT
tobaccoparadise.com
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE
SITE.
Our liability to you, if any, shall not exceed the total of the invoice
for services and products provided on the transaction in dispute. We shall
not be liable for indirect, incidental, consequential, reliance or special
damages for harm to business, lost profits, lost savings or lost revenues,
whether or not we have been advised of the possibility of such damages. We
shall not be liable for any damage that you may suffer arising out of use,
or inability to use, the services or products provided hereunder unless
such damage is a caused intentional act of
tobaccoparadise.com.
We shall not be liable for unauthorized access by third parties to your
transmission facilities, premises or equipment or for unauthorized access
to or alteration, theft, loss or destruction of users network, systems,
applications, data files, programs, procedures, or information through
accident, fraudulent means or devices, or any other method. These
limitations of liability shall apply regardless of the form of action,
whether in contract, warranty, strict liability or tort, and shall survive
failure of an exclusive remedy. The provisions of this paragraph will
survive any sale completed with you and any change or elimination of this
Agreement and/or the Site.
You agree to indemnify, defend and hold harmless
tobaccoparadise.com
Parties against all damages, claims, liability, costs, and expenses,
including but not limited to reasonable attorneys fees, arising out of
violation of any of the provisions of this Agreement by you or anyone
accessing
tobaccoparadise.com under
your account.
The Site is created and controlled by
tobaccoparadise.com,
Inc. in the State of Illinois. The laws of the State of Illinois will
govern all terms, conditions and disclaimers on the Site, including this
Agreement, without giving effect to any principles of conflicts of laws.
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