TERMS OF PARTICIPATION
CAOCigars.com is operated by General Cigar. All terms on this site identifying CAOCigars.com pertain to General Cigar Co., Inc.; as do all terms on this site identifying General Cigar Co., Inc., pertain to CAOCigars.com.
CAOCigars.com is a service for private parties that encourages and facilitates communications between its users. Such a service is based on trust, and this Agreement helps promote trust and understanding between you and other users of CAOCigars.com.
You must be 21 or older to participate in the CAOCigars.com website. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by the CAOCigars.com Terms of Participation. By browsing any area of this site, you are accepting these Terms. You may review these Terms at any time by clicking on the disclaimer link at the bottom of the home page.
CAOCigars.com reserves the right to offer in the future the ability to buy, sell or trade goods and services. This ability to buy, sell or trade goods and services is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday or the age of majority in those persons’ applicable jurisdictions).
CAOCigars.com reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
CAOCigars.com is not involved in any transaction between any party who uses our site. There are risks that You assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does CAOCigars.com screen or censor or otherwise control the Users of its service. CAOCigars.com cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of CAOCigars.com will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE! CAOCigars.com does not assume responsibility for the content or context of the user comment areas and, while CAOCigars.com reserves the right to edit or remove any material on the website, CAOCigars.com is under no obligation to remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.
If there is a dispute between participants on this site, CAOCigars.com is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby forever release and hold harmless CAOCigars.com, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
The CAOCigars.com service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate CAOCigars.com related transactions.
CAOCigars.com prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit language that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include U.R.L. (Universal Resource Locator) or hyperlinks within a posting or image, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, CAOCigars.com prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
CAOCigars.com prohibits the listing or sale of any goods, service, or other products by User, except as expressly permitted in writing by CAOCigars.com.
CAOCigars.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the CAOCigars.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
CAOCigars.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through CAOCigars.com systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.
If CAOCigars.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, CAOCigars.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Participation. CAOCigars.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. CAOCigars.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to You. If CAOCigars.com believes in its sole discretion that any ad may create liability for CAOCigars.com, CAOCigars.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, CAOCigars.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
User understands and agrees that we may also, in our sole discretion, add or delete fees associated with the Service.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. CAOCigars.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CAOCigars.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CAOCigars.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CAOCigars.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER CAOCigars.com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF CAOCigars.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT CAOCigars.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT CAOCigars.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall CAOCigars.com' total liability to You for all damages, losses, and causes of action exceed the amount paid by You to CAOCigars.com, if any, that is related to the cause of action.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your postings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to CAOCigars.com with the exception of credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of CAOCigars.com. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service.
Others' Information. You agree not to make use of anyone else's Information other than as necessary to participate in CAOCigars.com and to promptly complete any CAOCigars.com transactions in which You are involved.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CAOCigars.com and any User of the Service.
Notice. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to CAOCigars.com by displaying notices to Users on the Service.
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
These Terms of Participation and the relationship between User and CAOCigars.com shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. User and CAOCigars.com agree to submit to the personal and exclusive jurisdiction of the courts located within the Eastern District of Virginia.
The failure of CAOCigars.com to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
User agrees to indemnify, defend, and hold harmless forever CAOCigars.com, its affiliates and subsidiaries and their respective employees, officers, directors, agents, contractors, and representatives for any loss, damage, claim, costs, expenses (including reasonable attorneys’ fees), fees, and liabilities whatsoever arising from or related to any violation of these Terms of Participation. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within six (6) months after such claim or cause of action arose or be forever barred.
The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
Please help us keep the CAOCigars.com site an enjoyable experience for all Users, if You observe material or behavior that may violate one of the CAOCigars.com terms of participation, please contact CAOCigars.com at Webmaster.
CAOCigars.com is provided to you free of charge, "as is". General Cigar Co., Inc. uses its best efforts to maintain CAOCigars.com, but is not responsible for the results of any defects that may be found to exist in CAOCigars.com, or any lost profits or other consequential damages that may result from such defects. You should not assume that CAOCigars.com is error-free or that it will be suitable for the particular purpose that you have in mind when using it, and CAOCigars makes no representations or warranties as to such suitability, lack of errors, currentness.
CAOCigars.com may reference sites and information located worldwide throughout the Internet. Because CAOCigars.com has no control over such sites and information, CAOCigars.com makes no guaranties, representations, or warranties as to such sites and information, including as to:
(i) the accuracy, currency, content, or quality of any such sites and information, or
(ii) whether a CAOCigars.com search may locate unintended and objectionable content.
Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search using CAOCigars.com may automatically and unintentionally generate links or references to objectionable material. CAOCigars.com can make no claim that such surprises will not occur. Computerized search technology does not give you search results limited only to the hits that you were seeking. There may be extraneous hits as well.
This site (including but not limited to software, files, graphics and data found on the site) is the property of and owned by CAOCigars.com or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. When you display, copy, download or print any material on or from the site, it is provided to you by CAOCigars.com or its licensors under a license that is revocable. CAOCigars.com and its licensors retain full and complete title to the material and to any and all of the associated intellectual property rights. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited.