Terms of Service
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. YOUR USE OF THE CIGARAUCTIONPRICES WEBSITE AND/OR SERVICE (THE "SERVICE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. YOUR USE OF THIS SERVICE IS CONDITIONED UPON COMPLIANCE WITH THE TERMS OF THIS AGREEMENT.
CigarAuctionPrices reserves the right to change or modify these terms at any time. All such changes or modifications will be posted on the website. It is your responsibility to review these changes or modifications periodically. Your continued use of the service following such changes or modifications constitutes your acceptance in full of such changes or modifications.
- You are hereby granted a non-exclusive and non-transferable license ("License") to use the Service as long as the terms of this agreement are respected.
- All Information presented on this site is for Private, Personal, Non-Commercial Use Only is intended for entertainment purposes only. All reasonable efforts have been made to ensure the accuracy of the content on CigarAuctionPrices.com. All Information presented is believed to be reliable but is subject to change at any time, and without notice.
- You hereby agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
- You hereby agree not to interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service. Without our prior written permission, you may not: (a) frame the Service, any of its pages, or any results, (b) place pop-up/under windows over/under such pages, or (c) otherwise affect and/or obscure the display of such pages.
- You hereby agree not send automated queries of any sort to the Service without our prior written permission. "Sending automated queries" includes without limitation: (a) using any software that sends various queries to the Service to retrieve data or web pages (b) "meta-searching" the Service; (c) performing "offline" searches on the Service; or (d) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic devices) to access the Service or monitor or copy the Service or any results from the Service.
- You further agree not to access the Service in any manner that sends more request messages to the CigarAuctionPrices servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. If, in our sole discretion, we detect any violation of this clause, your access to the Service may be curtailed or discontinued.
- You hereby agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Service or any Content (including without limitation any software) available through the Service, except as expressly provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution.
- The Service relies on the availability and accuracy of certain 3rd party service providers, including but not limited to CigarBid.com. CigarAuctionPrices will not be held liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, if the Service itself or the information provided is unavailable, compromised or innaccurate due to its reliance on said 3rd party services.
- CigarAuctionPrices hereby reserves the right to change or discontinue any aspect of the Service, at its sole discretion, at any time, including but not limited to availability, pricing, hours of operation, support for specific devices, hardware or software, or the availability of specific features. CigarAuctionPrices will not be held liable to you, any other user or any third party for any damages of any kind, including without limitation direct, indirect, incidental, punitive, or consequential damages, arising from said changes.
- CigarAuctionPrices disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in the Service results. CigarAuctionPrices disclaims any responsibility for the deletion, failure to store, or untimely delivery of any information or material. CigarAuctionPrices disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through CigarAuctionPrices.com.
- You hereby agree to indemnify and hold harmless CigarAuctionPrices and its affiliates, employees, directors and representatives, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") which in any way may result from or arise in any manner out of any act or omission by you in using the Service, including but not limited to any infringement of any third-party proprietary rights.
- CigarAuctionPrices and other related trade names, graphics, logos, and service marks used on the Service are the trademarks of CigarAuctionPrices and may not be used without our prior written permission. Notwithstanding the foregoing, all product names, logos, brands, trademarks and service marks are the property of their respective owners, and are used in this website for identification purposes only. Use of these names, logos, brands and marks does not imply endorsement.
- CigarAuctionPrices hereby reserves the right to terminate your use of the Service without prior notice for any reason, in our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Service at any time.
- LIMITED WARRANTY. THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS. CIGARAUCTIONPRICES HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THIS SERVICE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CIGARAUCTIONPRICES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF CIGARAUCTIONPRICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SERVICE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE SUBSCRIPTION FEES PAID TO CIGARAUCTIONPRICES.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL CIGARAUCTIONPRICES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
- If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
- This Agreement shall be governed by the laws of the State of Colorado, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Colorado.
- In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
- You hereby agree that CigarAuctionPrices would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that CigarAuctionPrices shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as CigarAuctionPrices may otherwise have available to it under applicable laws.
- You hereby agree that this Agreement is the complete and exclusive statement of the Agreement between CigarAuctionPrices and you and that this Agreement supersedes any prior or contemporaneous Agreement, either oral or written, and any other communications between us.
- All rights not expressly granted herein are hereby reserved by CigarAuctionPrices.
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