Terms of Service
By using Mayflowercigars.com, you agree to abide by the following terms below:
Mayflowercigars.com is a Brandshopper, LLC company (“BSP”) located in Bath, Pennsylvania.
BSP provides services to you subject to the following notices, terms, and conditions (“Terms”). Please read these terms carefully. Terms, as modified or amended from time to time, are a binding contract between BSP and you. By visiting and shopping at BSP you accept these. In addition, when you use any current or future BSP service you will also be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
1. MINIMUM AGE REQUIREMENT
Mayflowercigars.com is intended for use by persons who are at least 21 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 21. By using Mayflowercigars.com, you represent and warrant you are at least 21 years old. In compliance with FDA cigar regulations, we are required to Age Verify, use a non-affiliated third party company (Agechecker.net) to confirm you are 21 or older. In certain cases, some customers may not be verifiable due to limited availability of publicly available information to Agechecker.net. In such cases, we will contact you to request a copy of your photo ID so we can manually verify your date of birth. Note: Agechecker.net returns results based on information found in billions of public records that come from hundreds of trusted and verified data sources. Agechecker.net does not aggregate personal customer data and we don’t collect, store, sell or share such personal data for marketing purposes.
2. PRIVACY POLICY
Please read our Privacy Policy, which is incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to BSP. You acknowledge that BSP may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BSP, BSP users, and the public.
3. CUSTOMER SUPPORT
You may contact BSP Customer Service by sending an email to help@CigarPage.com. You acknowledge that the provision of customer service is at BSP’s sole discretion, and that we have no obligation to provide you with customer service of any kind. We may provide you with customer service from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer service inquiries using such Account.
4. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
We are human and therefore make occasional mistakes. Therefore we do not warrant that product specifications, pricing, or other content on BSP is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, BSP shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
5. SELLER; RISK OF LOSS
All items purchased from BSP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
6. ELECTRONIC COMMUNICATIONS AND NOTICES
You agree to electronic communication for all of your transactions and communication with BSP. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Except as otherwise provided in these Terms, we will give you any notices by posting them on BSP, and you agree that such posting will constitute effective notice. You authorize BSP to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if BSP decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by BSP to the address that you have most recently provided will constitute effective notice. BSP’s address for Legal Notices is:
Brandshopper, LP
6771 Chrisphalt Dr
Bath, PA 18014
7. MODIFICATIONS TO TERMS
You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to BSP. Your continued use of BSP following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, BSP (or any part thereof) without notice.
8. POSTING CONTENT; REPRESENTATIONS AND WARRANTIES
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing ("posting") any content on BSP, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to BSP the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to BSP described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
9. OWNERSHIP OF RIGHTS; LICENSE RIGHTS
You hereby grant to BSP a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to BSP.
10. PROHIBITED CONDUCT
You agree not to post to BSP any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from BSP; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access BSP or extract data or gather or use information, such as email addresses, available from BSP or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of BSP, or link to BSP, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by BSP; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of BSP (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on BSP’s infrastructure or performance, or send to or otherwise impact us (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact BSP or any recipient.
11. MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor BSP Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT BSP DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF BSP IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of BSP. BSP neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on BSP by anyone other than authorized BSP employees acting in their official capacities.
12. PROTECTION OF SITE CONTENT
BSP is protected by U.S. and international intellectual property laws, which you agree to respect. All content on BSP, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of BSP or its content suppliers. All software used on BSP is the property of BSP or its software suppliers.
13. TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to BSP, and/or your Account, or suspend or block your access to BSP. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use BSP after termination of these Terms, that use will constitute your agreement to the Terms then posted on BSP. BSP may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 8 with respect to removal or modification of Content previously posted on BSP.
The provisions entitled "Posting Content on the Site; Representations and Warranties," "Ownership of Rights; License Rights," "Indemnification," "Disclaimer of Warranties," "Exclusion of Damages; Limitation of Liability," and the Privacy Policy will survive termination of these Terms.
14. INDEMNIFICATION
As a condition of your access to and use of BSP, you agree to hold BSP, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of BSP and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of BSP; (iv) BSP's resolution (if any) of any dispute you have or claim to have with one or more users of BSP; (v) your improper authorization for BSP to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that BSP disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) BSP will have the right but not the obligation to resolve disputes between users relating to BSP and BSP's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) BSP's resolution of a dispute will be final with respect to BSP.
15.DISCLAIMER OF WARRANTIES
BSP MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM BSP, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE BSP AND CONTENT AT YOUR OWN RISK. BSP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BSP MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BSP OR THE INFORMATION OR CONTENT INCLUDED ON BSP. BSP MAKES NO REPRESENTATIONS OR WARRANTIES THAT BSP WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BSP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
