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xoCIGARS.com Terms of Use - effective August 11, 2017

 

Please read these Terms of Use ("Terms, "Terms of Use") carefully before using the https://www.xoCIGARS.com website (the "Service") operated by xoCIGARS.com.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use this Service.

By accessing or using this service you agree to be bound by the Terms. If you disagree with any part of these Terms then you may not access the Service.

 

Termination

We retain the right to terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Members and Visitors

When you register and join the xoCIGARS.com Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.

 

Change

We may modify this Contract, and/or our Privacy Policy from time to time. Please keep up-to-date on this agreement before changes become become effective. If you object to any changes, you may close your account. Your continued use of our Services after and changes are effective means that you are consenting to the updated Terms.

 

Obligations

Service Eligibility

Here are some promises you make to us in this Contract:

You’re eligible to enter into this Contract and you are at least our “Minimum Age.”

The Services are not for use by anyone under the age of 21. As xoCIGARS.com is a tobacco retailer, you are required by law mail a copy of your Driver's license (or State ID) to prove your age prior to purchasing any product from xoCIGARS.com.

To use the Services, you submit that: (1) you are the “Minimum Age“ required to purchase tobacco products in your state and also, not under the age of 21.  (2) you will only have one account which, must be in your real name; and (3) you are not already restricted from using the Services.

“Minimum Age” means 21 years old. However, if law requires that you must be older in order for xoCIGARS.com to lawfully provide the Services to you (including using of your personal data) then the Minimum Age is such older age.

Your Account

You’ll keep your password a secret.

You will not share an account with anyone else and will follow our rules and the law.

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law . You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others, your account belongs to you. However, if the Services were obtained by another party for you to use, the party registering for such Service has the right to control access to and get reports on your use; however, they do not have rights to your personal account.

 

Payment

You will receive an email copy of your invoice/order and you can get a copy of your invoice/order information through your account under "Order History".

 

Service Availability

xoCIGARS.com reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. xoCIGARS.com trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of xoCIGARS.com.

 

Disclaimer and Limit of Liability

No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, XOCIGARS.COM AND ITS AFFILIATES (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS XOCIGARS.COM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), XOCIGARS.COM AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF XOCIGARS.COM AND ITS AFFILIATES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS AN AMOUNT THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) US $100.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND XOCIGARS.COM AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF XOCIGARS.COM OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

ABOUT XO CIGARS

"xoCIGARS.com delivers the BEST to you - excellent selection, fast shipping, low prices and premium singles."

CONTACT US

aficionado@xocigars.com
XO Corporate Headquarters
7950 NW 53rd St.
Miami-Doral, FL 33166

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