Welcome to Tortuga Cigars. Before you use the Tortuga Cigars 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").
General
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.
Copyrights, Trademarks and other Intellectual Property Rights
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 Tortuga Cigars and Legacy Brands, LLC. 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 Tortuga Cigars and Legacy Brands, LLC.
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 for both personal and commercial 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 Tortuga Cigars and/or Legacy Brands, LLC. 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 Tortuga Cigars and/or Legacy Brands, LLC.
Surgeon General Warning
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.
Minor Compliance
Tortuga Cigars and/or Legacy Brands, LLC. will not sell and does not condone the sale of tobacco or tobacco related products to anyone under the age of 18. By visiting the Site, you agree that you are at least 18 years of age.
Ancillary Computer Equipment and Services
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.
Warranty/Disclaimer of Liability
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 Tortuga Cigars and/or Legacy Brands, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
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.
Indemnification
You agree to indemnify, defend and hold harmless Tortuga Cigars and Legacy Brands, LLC. and its 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 Tortuga Cigars and Legacy Brands, LLC. under your account.
Governing Law
The Site is created and controlled by Tortuga Cigars and Legacy Brands, LLC. in the State of New Hampshire, USA. The laws of the State of New Hampshire will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.
Current as of October 16, 2013.