Please read these terms and conditions (the “Terms”) carefully before using the Pendleton Cigar Ltd. Co. Website (“Site”).
Pendleton Cigar Ltd.Co.
1212 Five Forks Rd
Pendleton, South Carolina 29670
1(864)631-5090
By using the Site, you signify your consent to these Terms. If you disagree with the Terms, please do not use the Site. The Terms address your legal rights and obligations and include essential disclaimers, choice of law, and forum provisions. Please read carefully.
Ownership of the Site
The Site is owned and operated by Pendleton Cigar Ltd.Co. (hereinafter referred to as Pendleton Cigar.) under the laws of The United States of America, having its principal office in Pendleton, South Carolina.
Use License
Please feel free to browse the Site. Pendleton Cigar grants you permission to view this Site and to print or download material displayed on the Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms, and conditions and provided that you keep intact all copyright, trademark and other proprietary notices. You may not, however, copy, reproduce, republish, upload, transmit, or distribute in any way, shape, or form, all in the broadest sense of the word, the contents of this Site, including the text, images, audio, and video for public or commercial purposes, without prior obtained written permission from Pendleton Cigar. You are also prohibited from using any content of this Site in a frame on any other internet site in any way. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms, and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Pendleton Cigar that you will not use this Site for any unlawful, immoral, or prohibited purposes by these terms, conditions, and notices.
User Submissions
Any communication or material you transmit to the Site by forms or otherwise is, and will be treated as non-confidential and non-proprietary information. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that may violate any law.
Links to and from other materials
Pendleton Cigar may provide hyperlinks to third-party sites. The linked sites are not under the control of Pendleton Cigar, and in no way is Pendleton Cigar responsible for the content of any such linked site or any site linked to such linked site. Pendleton Cigar does not endorse companies or products to which it may provide hyperlinks, and Pendleton Cigar reserves the right to note as such on its Site. Pendleton Cigar reserves the unilateral right to terminate any link or linking program at any time. If you decide to access any third-party sites linked to this Site, you do so at your own risk.
Content
Pendleton Cigar takes great care in creating and maintaining this Site and in providing accurate and up-to-date content such as, but not limited to, product descriptions. However, the content of this Site is subject to frequent modifications without prior notice. Therefore, Pendleton Cigar does not warrant or guarantee, in any way, shape, or form, the fitness for any particular purpose the correct and actual status of said content. The visitors to the Site accept Pendleton Cigar's exoneration of any liability whatsoever for the content on or of the Site, the Site's software, or any use made of it.
Intellectual Property
The texts, images, videos, layouts, drawings, databases, files, and other items on this Site, as well as the Site itself, are protected by Pendleton Cigar’s intellectual property rights (IPR) in the broadest sense of the word, such as but not limited to (pending) patents, copyright, know-how and protected by all legal rights of the producer of the database. Some of the names, signs, and logos on this Site are protected trademarks or trade names. Nothing contained on the Site should be construed as granting any license or right to use any trademark displayed on the Site without the expressed written permission from Pendleton Cigar or such third party that may own the trademarks displayed on the Site. Any copy, adaptation, translation, arrangement, modification, or use of the whole or any part of this Site or its protected elements, in any form and by any means, is strictly prohibited.
Data Protection
Pendleton Cigar collects and processes information on the behavior of the users of this Site for statistical and marketing purposes. The user has the right to oppose, free of charge, the processing of the data concerning them for marketing purposes and has the right to access personal data and correct such data. For more information regarding the data that Pendleton Cigar collects and the measures it takes to protect the privacy of its user data, please refer to Pendleton Cigar's Privacy Statement.
Liability
Your browsing and use of this Site is at your own risk. Pendleton Cigar does not warrant that the Site, the software used for this Site, the information, the online applications, or any other services provided are error-free or that their use will be uninterrupted. Pendleton Cigar expressly excludes and disclaims all warranties related to the subject mentioned above matter, including, without limitation, those of accuracy, condition, merchantability, and fitness for a particular purpose. Notwithstanding anything to the contrary in this Site, in no event and regardless of whichever legal basis, shall Pendleton Cigar be liable for any loss of profits, revenues, indirect, special, incidental, consequential, or other similar damages arising out of or in connection with this Site or out of the use of any of the services proposed using this Site.
DISCLAIMER
THE MATERIAL AND CONTENT POSTED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS WARRANTY OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PENDLETON CIGAR BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF PENDLETON CIGAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Furthermore, Pendleton Cigar does not warrant the accuracy or completeness of information of links or other items contained within these materials that third parties have provided.
Product Orders
Pendleton Cigar cannot guarantee the availability of any particular product displayed on this Site. Pendleton Cigar reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
Updates
Pendleton Cigar reserves the unilateral right to update, modify, and alter its Terms and Privacy Statement at any time. All such updates, modifications, changes, and alterations are binding on all users and browsers of the Pendleton Cigar Site and will be posted here.
Software Licenses
You shall have no rights to the proprietary software and related documentation or any enhancements or modifications to it, which you may provide to access specified areas within the Site. You may not sublicense, assign, or transfer any licenses granted by Pendleton Cigar, and any attempt at such sublicense, assignment, or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
Choice of Law and Forum Provisions
This Site resides on a server in Enschede, The Netherlands. You agree that the laws of the United States of America govern these Terms and your use of this Site. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in the United States of America in all disputes (a) arising out of, relating to, or concerning this Site and Terms, (b) in which this Site and Terms is an issue or a material fact, or (c) in which this Site and Terms is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Pendleton Cigar has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and if any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall govern such use.