TERMS AND CONDITIONS OF USE
Please read the following terms and conditions of use carefully before using this website and before reviewing or purchasing products, as they affect your rights as they relate to use of the website and of the products advertised therein.
All users of this site agree that access to and use of this website for all purposes, including the purchase of products, is subject to the following terms and conditions and other applicable laws, including those referenced herein. Any access to or use of this website is undertaken at the user’s own risk. If you do not agree to these terms and conditions of use, please do not use this website. These terms and conditions are subject to change at any time without prior notice. Any such changes will be reflected on this “Terms and Conditions of Use” page of the website.
This website (Balmoralcigars.com) is operated by Royal Agio Cigars USA Inc. (“Royal Agio USA”). The mailing address for Royal Agio USA is 1812 44th Avenue East, Bradenton, Florida 34203.
The entire content included in this site, including, but not limited to, text, graphics, software, and code, is copyrighted as a collective work under the United States and other copyright laws, and is the sole property of Royal Agio USA. The collective work may include works, trademarks, and other intellectual property that are licensed to Royal Agio USA by third parties and used with permission. Copyright 2018, Royal Agio USA ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this website for the sole and exclusive purpose of placing an order with Royal Agio USA or purchasing Royal Agio USA products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Royal Agio USA or to purchase Royal Agio USA products. Any other use, including, but not limited to, the electronic or physical reproduction, distribution, display, or transmission of the content of this site is strictly prohibited, unless prior written authorized is obtained from Royal Agio USA.
All trademarks, service marks, trade dress, and trade names of Royal Agio USA used in the website, including the BALMORAL mark, are common law marks or registered marks of Royal Agio USA or its corporate parent(s) or affiliate(s). Any other trademarks, product names, and company names or logos used on this website are the property of their respective owners.
Except to the extent specifically stated in the written materials enclosed with any product advertised on this website, this website and the materials and products advertised on this website are provided “as is” and without warranties of any kind, whether express or implied. Except to the extent specifically stated in the written materials enclosed with any product advertised on this website, Royal Agio USA disclaims, to the fullest extent permissible, all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Royal Agio USA does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that any defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. Royal Agio USA does not make any warranties or representations regarding the use of the materials on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
Limitation of Liability
Except to the extent specifically stated in the written materials enclosed with any product advertised on this website, neither Royal Agio USA nor its directors, officers, employees, agents, contractors, successors, or assigns of each shall be liable for any special, consequential punitive, direct, or indirect damages that may result from the use of, or the inability to use, the materials on this website or the performance of the products advertised on the website, including damages for lost profits, business interruption, or the loss of data or information, even if Royal Agio USA has been advised of the possibility of such damages.
Errors and Reliance on the Website
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Royal Agio USA reserves the right to correct any information, errors, or omissions and to change or update information at any time without prior notice. However, any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
These terms and conditions are applicable to you upon your accessing and using the website. These terms and conditions, or any part of them, may be terminated by Royal Agio USA without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, Choice of Law and Dispute Resolution, and License shall survive any termination.
Royal Agio USA may deliver notice to you by means of a general notice on the website, email, or by other reliable method to any address you have provided to Royal Agio USA.
Choice of Law and Dispute Resolution
Your use of this website and all disputes between you and Royal Agio USA directly or indirectly arising out of or relating to the website, representation or statements made by Royal Agio USA, or Royal Agio USA products advertised on this website shall be governed in all respects by the laws of the State of Florida, United States of America, without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods or other law. Any dispute arising out of or relating to the website, representations, or statements made by Royal Agio USA, or Royal Agio USA products advertised on this website shall be subject to binding arbitration to take place in Tampa, Florida, pursuant to the rules of the American Arbitration Association. To the extent that the foregoing arbitration provision may be held void or unenforceable, the exclusive forum and venue for all such disputes shall be the state and federal courts for Manatee County, Florida. Any cause of action or claim you may have with respect to the website, representations or statements made by Royal Agio USA, or Royal Agio USA products advertised on this website must be commenced within one (1) year after the claim or cause of action arises. Royal Agio USA’s failure to insist upon or enforce strict performance of any provision or these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Royal Agio USA may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site and Linked Websites, Including Social Media
Harassment in any manner or form on or through the website or sites, including social media sites, to which the website links, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Royal Agio USA or other licensed employee, host, or representative, as well as other members or visitors on the website or sites to which the website links, is prohibited. You may not upload to, distribute, or otherwise publish through the website or any sites to which the website links any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights or any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or the sites to which the website links or use the website or the sites to which the website links to solicit others to join or become members of any other commercial online service or other organization.
Royal Agio USA does not and cannot review all communications and material posted to or created by users accessing the website or sites to which the website links, including social media, and is not in any manner responsible for the content of these communications and materials. You acknowledge that, to the extent Royal Agio USA may provide you with the ability to view and/or distribute user-generated content on the website and/or sites, including social media sites, to which the website links, Royal Agio USA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on such site(s). However, Royal Agio USA reserves the right to block or remove communications or materials over which it has control that it determines, in its sole discretion, to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of a third party; or (d) offensive or otherwise unacceptable. You should be skeptical about information posted or provided by others and use any such information at your own risk. Royal Agio USA is not responsible for and does not endorse the opinions, advice, suggestions, or recommendations posted or sent by users of the website or other sites, including social media, to which the website links, and specifically disclaims any liability in connection therewith.
You agree to indemnify, defend, and hold harmless Royal Agio USA, its directors, officers, employees, agents, contractors, licensors, licensees, and suppliers, and successors and assigns of each (collectively, the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity (including negligent or wrongful conduct) by you or any other person accessing the website or sites to which the website is linked using your Internet account.
In an attempt to provide increased value to our visitors, Royal Agio USA may link to sites operated by third parties. However, even if the third party is affiliated with Royal Agio USA, Royal Agio USA has no control over these linked sites, all of which have separate privacy and data collection practices independent of Royal Agio USA. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Royal Agio USA seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Royal Agio USA does not want to receive confidential, proprietary, or trade secret information through this website or through any other sites, including social media sites, to which this website links. Any information, suggestions, ideas, or comments submitted through this website or any other sites, including social media sites, to which this website links will be deemed non-confidential. By submitting any such information, you are granting Royal Agio USA an irrevocable, perpetual, and unrestricted license to use, modify, reproduce, distribute, display, and transmit such information for any purpose whatsoever, including for Royal Agio USA’s marketing and advertising.
Individuals Under the Age of 21
Our Website is not intended for anyone under twenty-one (21) years of age. No one under twenty-one (21) years of age may provide any personally identifiable information to or on the Website. We do not knowingly collect personal information from individuals under twenty-one (21) years of age. If you are under twenty-one (21) years of age, do not use or provide any information on this Website or on or through any of its features/register on the Website, or provide any information about yourself to us. If we learn we have collected or received personally identifiable information from an individual under twenty-one (21) years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under twenty-one (21) years of age, please contact us at Royal Agio Cigars USA Inc., 1812 44th Avenue East, Bradenton, Florida 34203.
Personally Identifiable Information
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.