Terms of Use Agreement
Welcome to the Peanut Cigar Website (the "Site"). This Site is intended to provide you with information about bespoke cigars, sponsored events and other activities, products and/or services we may offer from time to time.
By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, that you have read and understood them, and represent that you are twenty-one (21) years of age or older.
References to "we" or "us" or "the company” herein refer to Peanut Cigar Company. “Site” refers to all webpages within the Site and any back-up, equivalent or substitute websites or webpages associated with the Site.
Compliance with Terms
By accessing this Site, you are agreeing to these Terms of Use, our Privacy Policy, any additional terms that govern certain products, services or offerings, which will be presented in conjunction with such products, services and offerings as well as other legal notices, terms and policies on this Site (together referred to as "Terms"), all of which are expressly incorporated herein by this reference. In the event of any conflict between the Terms of Use and any Additional Terms, the Additional Terms shall govern.
Amendment
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. We will notify you of material changes to any Terms. Notices of material changes may be posted on the Site, emailed to you, displayed upon login and/or given by any other reasonable means that we decide. Each time you use the Site you should visit and review the then current Terms that apply to your use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its Content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Peanut Cigar Company with respect to your use of the Site.
Eligibility
You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (you browse the Site) or a "Customer" (you have purchased from us). The term "User" means a "Visitor" or a "Customer". Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features.
Your Use of the Site
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to use the Site in any manner not expressly authorized by the Terms. You agree not to copy, translate, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
Disclaimers
THE PEANUT CIGAR SITE AND ALL INFORMATION, MATERIALS, CONTENT, PRODUCTS, SERVICES, FEATURES AND FUNCTIONS OFFERED BY, THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED AS IS AND AS AVAILABLE. WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. PEANUT CIGAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY ELEMENTS THEREOF.
Without limiting the foregoing, Peanut Cigar is not responsible for and makes no warranties, express or implied, as to any Site Content, features or functions, including, without limitation with respect to the accuracy, completeness, authenticity, validity, reliability, timeliness, adequacy, quality, performance, usefulness, or security of the Peanut Cigar foregoing, whether caused by us, by users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Peanut Cigar. When you access these third party sites, you do so at your own risk. Peanut Cigar takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Peanut Cigar is not responsible for the conduct, whether online or offline, of any User of the Site including, without limitation, any Content posted by any User. Peanut Cigar assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Peanut Cigar is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Peanut Cigar be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a Peanut Cigar hosted, branded or sponsored event, or from the conduct of any Users, whether online or offline. Additionally, Peanut Cigar shall have no liability for any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site by a third party or anything else beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
The Site and its user Content submission features are controlled and offered by Peanut Cigar from its facilities in the United States. Peanut Cigar disclaims any representations or warranties that the Site, Site features or Content is available for use in or appropriate for other jurisdictions. Those who access the Site from other jurisdiction do so at their own volition and are responsible for complying with laws or regulations that may apply to them in their applicable jurisdiction. Peanut Cigar makes no representations or warranties that the Site, the Content or Peanut Cigar use of Content in accordance with the Terms will comply with the laws or regulations of jurisdictions other than the United States.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACTUAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, COSTS, FEES OR EXPENSES OF ANY KIND IN CONNECTION WITH OR ARISING FROM THE SITE, YOUR USE OF THE SITE (OR ANY ELEMENTS THEREOF OF) OR THESE TERMS IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER LEGAL THEORIES LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED AS AFORESAID EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THE TERMS FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
YOU ACKNOWLEDGE THAT PEANUT CIGAR IS NOT LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGE OR HARM FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
Your use of the Site is solely at your own risk. You agree to indemnify, defend and hold harmless Peanut Cigar from any claims, damages, losses, liabilities, costs or expenses, (including without limitation, attorneys' fees) (Claims), due or relating to or arising out of: (1)your use of the Site in violation of the Terms; (2)any actual or alleged breach by you of the Terms and/or your representations and warranties set forth in the Terms; and/or (3) any use or non-use of the Content that you post (including, without limitation, Claims for defamation, false light, invasion of privacy, right of publicity, infringement of intellectual property or other rights of any person or entity, violation of moral rights or similar rights, emotional distress or economic loss).
Peanut Cigar reserves the right to assume at its sole expense, the exclusive defense and control of any such Claim and all negotiations for settlement or compromise and you agree to fully cooperate with Peanut Cigar in the defense of any such Claim as requested by Peanut Cigar.
Miscellaneous
The Terms will be construed, and their performance enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Rockingham County for state court causes of action and in the District of New Hampshire for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Peanut Cigar regarding the use of Site and its services and features. The failure of Peanut Cigar to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
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