Brand
Terms & Conditions of Use

Last Modified:  October 5th 2018

Welcome to the Avanti Cigar Company website terms and conditions of use (these “terms”). These terms are in place to govern your access to and use of our website located at https://www.avanticigar.com/ (which we refer to in this privacy policy as the “site”, which includes all content, functionality, and services offered on or through the site). These terms apply to all users of the site, including browsers, registered users, and customers.

When we refer to “you” and “your” in these terms, we are referring to you as a user of the site. “We,” “us,” “our” refer to Avanti Cigar Company, together with our affiliates. The term “content” refers to any information presented on the site, and includes text, data, graphics, images, photographs, video, audio, and any other presentation of information.

  1. ACCEPTANCE OF TERMS

These terms contain obligations you are expected to comply with and affect your legal rights. YOU SHOULD CAREFULLY READ THESE TERMS. By using the site in any way, including browsing, creating an account, signing up for our rewards program, placing an order, and/or using any interactive site tools, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the site, you should not access or otherwise use the site.

We may make changes to the site or these terms at any time.  Any modifications will be effective when the changes are posted to the site. It is your responsibility to check the site for updates to these terms. You will be able to determine when these terms were last updated by referring to the “Last Modified” legend at the top. By using the site after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them.

  1. CREATING AN ACCOUNT AND PROVIDING PURCHASE INFORMATION

When you use certain features of the site, you may be asked or required to create an account. Creating an account will require you to create a unique user identifier (your “User ID”) and a password. User IDs may not violate any third party rights, and may not be offensive. We reserve the right in our sole discretion to reject the use of any User ID or password, for any reason.

When you create an account, sign up to receive our newsletter, sign up for our rewards program, or make a purchase as a guest, and each time you log in to an account tied to your User ID, you represent, warrant, and agree that: (a) you are at least 21 years old, (b) you are using your actual identity, (c) you have provided only true, accurate, current and complete information to us, and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current, and complete.

Your User ID and password are unique to you, and you agree not to disclose or share your User ID or password to or with any third party. You further agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through the site, including any orders placed, in connection with your User ID, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer.

If you become aware of any loss, theft or unauthorized use of your User ID or password, please notify us immediately by contacting us at https://avanticigar.com/contact-us.

  1. MAKING PURCHASES ON THE SITE

Sales of tobacco products are limited to consumers that our age verification efforts indicate are 21 years of age or older. Purchasing tobacco products for younger people is strictly prohibited and may subject you to criminal prosecution.

If you make purchases through the site, those purchases are subject to our standard terms and conditions of sale, available at https://avanticigar.com/terms-of-sale.

Products are sold for personal use only. Therefore, you may not resell or otherwise use any products for commercial use.

We reserve the right to refuse or limit sales of products to any person, geographic region, or jurisdiction, and to limit the quantities of products that we offer, all in our sole discretion.

We strive to accurately describe our products or services offered on the site; however, we do not warrant that such specifications, pricing, or other content on the site is complete, accurate, reliable, current, or error-free. All descriptions of products and product pricing are subject to change, at any time and without notice. We reserve the right to discontinue any product at any time.

  1. SOCIAL MEDIA ACCOUNTS AND SHARING SITE CONTENT

In addition to the site, we also like to interact with you on third party sites where we post content or invite your feedback, such as through our accounts on social media sites such as Facebook, Twitter, Instagram, and LinkedIn (“social media sites”). However, we do not control the social media sites, and these terms and our other site policies do not apply to the social media sites. It is your responsibility to review the terms of use and other policies posted on the social media sites.

We may also from time to time include features on the site that allow you to share information from the site, or provide comments and feedback regarding the site, on various social media sites. These interactive features may link to, or require you to log into, one of your social media accounts, or may otherwise access or use your social media account information. This may result in our obtaining information about you (such as your social media account profile picture or other account information) from your social media service provider, and vice versa. Our collection and use of information will be subject to our privacy policy https://avanticigar.com/privacy-policy. However, we are not in control of your social media account or how the social media site providers use your information, which is governed by the setting and privacy policies of the social media sites. Again, you should review the terms of use and other policies posted on the social media sites.

In addition, if you use any social media sharing feature, or if the site features any “send to friend” email link or similar tool that allows you to initiate and send one or more of your friends any communication that includes any site content, or to post site content to any social media site, you may do so only in a manner that does not violate any applicable law, and may only send content to recipients who are at least 21 years old. If you receive anything from us as consideration for sending or posting a message (such as a coupon or reward points based on any information you share), you agree to disclose the receipt of this consideration and to include any specific disclosures otherwise required by us.

  1. USER CONTENT

Certain features of the site that we may offer from time to time may allow you to provide comments and feedback regarding the site, or to post content in other forums on the site. Content provided by you and our other users, including all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions, are referred to as “Submissions.”

All Submissions must comply with our Acceptable Use Requirements, which are listed below.

You are solely responsible for any Submissions you disclose, submit or offer to us or that are disclosed, submitted or offered to us through any person accessing the site on your behalf or utilizing your User ID. Each time you make any Submission, you represent and warrant to us that (a) you are at least 21 years old, (b) you are the sole author and owner of all intellectual property and other rights in the Submission, or you have the full legal right to submit it to us and grant us all rights to use it under these terms, without our needing to obtain any consent of any third party, and (c) the Submission does not and will not violate any of these terms.

You understand and agree that we have the right, but not the obligation, to release, publish and/or use any Submissions, any part thereof, in our discretion and for any purpose, including without limitation advertising and promotional activities, product development, and/or any other commercial purposes, without any right of compensation to you or any third party. You understand that no Submissions disclosed, submitted or offered to us will be treated as confidential, and you agree that you will not provide any Submissions that include any confidential or proprietary information.

  1. ACCEPTABLE USE REQUIREMENTS

You agree to use the site only for its intended purpose, as described on the site and in these terms or any other site policy. Without limiting that general requirement, you agree that you will not, directly or indirectly:

  • Submit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Submit any photos, videos, or other images of persons who are under 21, or of any person who is not someone you know that has given you their express permission to submit it;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Create a false identity, or otherwise attempt to mislead any person as to the identity or origin of any communication, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission;
  • Post any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation;
  • Post any content that you do not have a right to post, whether by law or under any contractual or fiduciary relationship (such as proprietary or confidential information learned or disclosed as a part of an employment relationship or under a nondisclosure agreement);
  • Post any content that would violate any law; or
  • Otherwise use the site to engage in any activity, or any other activity that we deem in our sole discretion to be in conflict with the spirit and intent of the site and these terms.

In addition, you understand and agree that the site and all content are to be used only for your personal, non-commercial use. Without limiting that general statement, you agree that you will not:

  • Accumulate or index, directly or indirectly, through automated means or otherwise, any content or portion of the site for any purpose whatsoever;
  • Use the site to compile mailing lists or other lists for commercial purposes;
  • Use the site to establish independent data files or otherwise amass statistical information;
  • Engage in any “screen scraping,” “database scraping,” or similar activities to obtain any content; or
  • Publish or distribute in any medium any information contained on the site, and/or summaries or subsets thereof, to any person or entity.

Further, you understand that the site strives to protect its security and integrity and those of its users. You therefore agree that you will not:

  • Attempt to access or access any other user’s account;
  • Attempt to obtain or ascertain any other user’s personal information by any means whatsoever;
  • Attempt to elude our security systems;
  • Attempt to gain access or gain access to the site or any user account in a fraudulent manner; or
  • Upload or submit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

We reserve all rights to monitor the site for any reason, including to evaluate whether any Submissions posted on the site are, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability arising from any use of the site. We are under no obligation to enforce these Acceptable Use Requirements, or any other part of these terms, on your behalf against another user. You understand that by using the site, you may be exposed to content that may offend you. Your sole remedy is to avoid such content.

We may suspend or terminate your access to the site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms.

  1. E-MAIL

We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when using the “Contact Us” or any similar features of the site, creating an account, signing up for our rewards program, or opting into our newsletter, you grant us permission to communicate with you by e-mail for any purposes related to your use of the site, including for any disclosures, system messages and, subject to our obligations under applicable law, other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.

You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.

  1. LINKS TO OTHER WEBSITES

We and others may provide links to web pages, websites, and various resources or locations on the web (including the social media sites, and collectively referred to as “third party sites”). Links to third party sites are provided only for the convenience of users of the site. We do not operate, control, endorse or guarantee any third party sites. When you access any third party sites through a link posted on the site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party site. Our policies do not apply to any third party site.

  1. INTELLECTUAL PROPERTY

The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site. We (or our licensors) also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws.

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any site content without our prior express written consent. You are permitted to use view, print, or download any content from the site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license solely to view, print, and download content from the site solely for such limited permitted use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site).

“AVANTI,” “AVANTI CIGAR COMPANY, and our product names (such as “PARODI,” “DE NOBILI,” “MARCA PETRI,” “RAMROD,” “KENTUCKY CHEROOTS,” etc.), and all related names, logos, products and service names, designs and slogans are trademarks of us or our affiliates. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using such names or any other colorable equivalent without our prior written authorization.

You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.

  1. COPYRIGHT COMPLAINTS

We take claims of copyright infringement seriously. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.

In the United States, the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (as amended from time to time, the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the site infringe their rights under US copyright law. If you are a US person, and you believe that your work has been improperly copied and posted on the site, you may request removal of those materials (or access thereto) from the site by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

These requirements must be followed to give us legally sufficient notice of infringement. Our Copyright Agent to whom you should send copyright infringement complaints is:

Posture Interactive

431 Lackawanna Ave.

Scranton, PA, 18503

570.880.0855

hello@getposture.com

 

We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  1. INDEMNITY

You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, your violation of these terms or your violation of any rights of any third party.

  1. DISCLAIMER

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.

IN THE EVENT OF AN ERROR ON THE SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT THE ERROR AND REVISE YOUR ORDER ACCORDINGLY, OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

EXCEPT FOR ANY WRITTEN WARRANTY INCLUDED WITH THE PRODUCTS WE SELL, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.

CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.

  1. LIMITATIONS ON LIABILITY

WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, FOR THE APPLICABLE PRODUCTS OR TO ACCESS OR USE THE SITE.

  1. OTHER SITE POLICIES

In addition to these terms, your use of the site is governed by the other policies posted on the site, including our sale terms and privacy policy available at https://avanticigar.com/terms-of-sale, and any other posted rules, guidelines, or terms. All of these other site policies are incorporated by reference into these terms.

  1. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER

Please read the following section carefully, because it limits the manner in which you can seek relief from us.

The laws of the State of Pennsylvania (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in Scranton, Pennsylvania.

YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.

  1. INJUNCTIVE RELIEF

In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.

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