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Terms of Service

Effective Date: January 1, 2023. Last Updated: June 18, 2023

Introduction

Welcome to the website of Protimoi Cigars LLC (“Company”, “we”, or “us” or “our”), referred to as “ProtimoiCigars.com” or “the Site.” By accessing or using any part of our website, products, or services, you are agreeing to comply with the terms and conditions outlined in this agreement, also known as “the Agreement.” These Terms of Service (“Terms”) govern your usage of our website, products, and services. By engaging with our products and services, you acknowledge your acceptance of these Terms. Each service we provide is subject to its own set of rules, guidelines, policies, terms, and conditions, which are incorporated into this Agreement. If you do not agree to these Terms, we kindly request that you refrain from using our website or engaging with our products and services. Please note that we reserve the right to modify this Site and the terms and conditions outlined here at any time. By accessing, browsing, or using the Site, you indicate your agreement to all the terms and conditions in this Agreement. We strongly encourage you to read this Agreement carefully before proceeding.

Use of Site

Subject to the terms and conditions specified in this Agreement, we hereby provide you with a restricted, revocable, non-transferable, and non-exclusive license to access and utilize our website, ProtimoiCigars.com, as well as any services offered by our Company. This license grants you permission to browse our website through your internet browser exclusively for personal shopping purposes. However, it does not authorize any form of commercial usage or usage on behalf of third parties, unless expressly permitted by us in advance. Any violation of this Agreement will lead to the immediate cancellation of the license granted, without prior notice.

Unless explicitly authorized by us in writing, you are strictly forbidden from engaging in activities such as reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling, or exploiting this website or any part of our services. Additionally, you are not permitted to utilize any information provided on this website for commercial purposes or for the benefit of another business without obtaining explicit permission from us. We retain the right to decline service, terminate accounts, and cancel orders at our discretion if we determine that customer behavior violates the law or poses a threat to our interests.

You are prohibited from posting, sharing, or making available any content, information, or material on this website that (a) violates the copyrights, patents, trademarks, service marks, trade secrets, or other exclusive rights of any person; (b) is slanderous, menacing, obscene, indecent, pornographic, or could result in legal consequences under U.S. or international laws; or (c) includes glitches, viruses, worms, trap doors, Trojan horses, or any other harmful code or features.

The information presented on this website is intended solely for informational purposes. It is your sole responsibility to seek advice, diagnosis, and/or treatment from a licensed physician or qualified healthcare professional regarding any health-related condition, as well as before trying, sampling, or consuming any products offered on this website or through any services provided by Protimoi Cigars, LLC. The viewpoints expressed on this website belong to the individuals expressing them and may not necessarily align with our own perspectives. Product descriptions and representations on this website are provided by the vendor and not by us.

To access specific sections of this website, we may provide you with a password and account identification. By using the password or identification, you are considered authorized to access and utilize the website in compliance with the terms and conditions outlined in this Agreement. We are not obliged to investigate the authorization or source of such access or usage. You bear sole responsibility for all activities and usage of this website by anyone using the assigned password and identification, regardless of whether such access is authorized by you. This includes all communications, transmissions, and obligations (including financial) arising from such access or usage. Safeguarding the security and confidentiality of your password and identification is your responsibility. Please notify us immediately of any unauthorized use of your password or identification, or if you suspect any breach or potential breach in the security of this website.

Age Restrictions

By accessing or using this website, you confirm that you are 21 years of age or older. If you are not at least 21 years old, you are prohibited from accessing or using this website. By agreeing to these terms and conditions, you acknowledge that you meet the minimum age requirement and accept full responsibility for complying with any applicable laws or regulations regarding age restrictions for accessing or using this website. We reserve the right to request age verification or take appropriate action to ensure compliance with this requirement.

Product Information and Disclaimer

Our website offers details regarding cigars, cigar accessories, pipes, fine tobacco, and other associated products. Although we make efforts to provide accurate and current information, we cannot guarantee the completeness, accuracy, or reliability of the information presented. Consequently, we are not liable for any reliance placed on such information by you. Additionally, we retain the right to alter, discontinue, or modify the specifications, availability, and pricing of our products without prior notice.

The information provided on our website is not exhaustive and is intended for general informational purposes only. Protimoi Cigars LLC does not offer any warranties or make any representations regarding the accuracy, likelihood of results, or reliability of using the materials on this website or in connection with such materials or any linked resources.

Under no circumstances shall Protimoi Cigars LLC or its suppliers be held liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on it, even if Protimoi Cigars LLC or its authorized representative has been notified, orally or in writing, about the possibility of such damages.

For the purpose of this agreement, “consequential loss” includes any indirect loss, actual or anticipated loss of profit, loss of benefits, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether based on statute, contract, equity, tort (including negligence), indemnity, or any other legal theory.

Please note that in certain jurisdictions, limitations on implied warranties or liability for consequential or incidental damages may not be applicable, and therefore, these limitations may not apply to you.

Product Purchase and Payment

In order to proceed with purchasing our products, it is imperative that you furnish us with precise and thorough information, including your name, address, and payment details. By initiating an order, you grant us authorization to levy the designated amount on your chosen payment method. Moreover, the prices showcased on our website are presented in the appropriate currency and do not incorporate any relevant taxes, fees, or shipping charges, unless explicitly mentioned otherwise.

Shipping & Delivery

We make every effort to efficiently process and dispatch orders, contingent upon product availability and verification of payment details. Nevertheless, we cannot assure specific delivery timelines and bear no responsibility for delays caused by shipping carriers or other unforeseen circumstances beyond our control. Furthermore, it is your responsibility to furnish precise and comprehensive shipping information. In the event that a package is returned to us due to an incorrect or inadequate address provided by you, any additional shipping charges will be your responsibility.

Returns & Refunds

In accordance with our Return Policy, which is accessible on our website, we gladly accept returns and offer refunds or exchanges. We kindly request you to thoroughly review the Return Policy for complete information on eligibility, conditions, and procedures. Additionally, it is essential to note that we reserve the right to decline returns or refunds if the products have been used, damaged, or tampered with, or if the return does not align with the guidelines outlined in our Return Policy.

Intellectual Property

All textual content, graphics, button icons, images, and software (collectively referred to as “Content”) exclusively belong to Protimoi Cigars, LLC. The arrangement, collection, and assembly of all Content on this website (referred to as the “Compilation”) are the exclusive property of Protimoi Cigars, LLC. The software utilized on this website (referred to as the “Software”) is the property of Protimoi Cigars, LLC, its affiliates, or its software suppliers. The Content, Compilation, and Software are all protected by United States and international copyright laws.

ProtimoiCigars.com, Protimoi Cigars, LLC, and any other logos, slogans, trade names, or words are registered trademarks, trademarks, or service marks of Protimoi Cigars, LLC, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our explicit written consent is strictly prohibited. It is not permissible to employ our trademarks or service marks in connection with any product or service in a manner likely to cause confusion. Additionally, you may not utilize our trademarks or service marks in any way that disparages or discredits us. Prior explicit consent is required before using any of our trademarks or service marks in meta tags.

User Generated Content

By submitting content to us for publication on our website, you maintain ownership of your intellectual property rights. We will never assert ownership over your content; however, we do require a license from you to utilize it. When you utilize our website or its affiliated services to post, upload, share, or transmit content protected by intellectual property rights, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license. This license enables us to use, distribute, modify, execute, copy, publicly display, translate, or generate derivative works of your content in accordance with your privacy preferences and our Privacy Policy.

You have the right to terminate the license you granted us by deleting your content or account. However, in cases where we (or our partners) have used your content in connection with commercial or sponsored content, the license will persist until the relevant commercial activity or post has been discontinued by us.

By agreeing to these terms, you provide us with permission to utilize your username and other identifying information associated with your account in a manner consistent with your privacy preferences and our Privacy Policy.

Privacy & Data Protection

The privacy of our users is of utmost importance to us, and we handle your personal information with great care and in full compliance with our Privacy Policy. To gain a clear understanding of how we collect, use, and safeguard your personal information, we kindly request that you review our Privacy Policy, which is readily accessible on our website.

Limitation of Liability

Our website and the materials provided on it are offered “as is” and without any warranties, expressed or implied. Protimoi Cigars LLC, to the extent permitted by law, disclaims and negates all other warranties, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or violation of rights.

In no event shall Protimoi Cigars LLC or its suppliers be held liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on it, even if Protimoi Cigars LLC or its authorized representative has been notified, orally or in writing, of the possibility of such damages.

Within the scope of this agreement, “consequential loss” encompasses any indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or any other legal theory.

Please note that in certain jurisdictions, limitations on implied warranties or liability for consequential or incidental damages may not be enforceable, and as a result, these limitations may not apply to you.

Links

Protimoi Cigars, LLC has not thoroughly reviewed all the websites linked to its own website and bears no responsibility for the content found on any of those linked sites. The presence of any link does not indicate endorsement, approval, or control by Protimoi Cigars, LLC over the linked site. Your usage of any linked site is at your own risk, and we highly recommend conducting your own investigations to determine the suitability of those sites.

Right to Terminate

In the event of any violation of these Terms of Service, we reserve the right to suspend or terminate your access to our website and terminate these Terms of Service by providing you with written notice.

Severance

If any provision of these Terms of Service is deemed invalid or unenforceable, that particular provision is considered null and void to the extent of its invalidity or unenforceability. However, the remaining provisions of these Terms of Service remain valid and unaffected.

Protimoi Cigars LLC Acceptable Use & Fair Use Policy

This acceptable use policy applies to the Products provided by Protimoi Cigars, LLC, including its products, services, and technologies, under any ongoing agreement. Its purpose is to safeguard us, our customers, and the broader Internet community against unethical, irresponsible, and illegal activities.

Customers of Protimoi Cigars LLC who are found to be involved in activities prohibited by this acceptable use policy may face consequences such as service suspension and account termination. In severe cases, we may have a legal obligation to report such customers to the relevant authorities.

We offer our facilities under the assumption that your usage will align with normal business operations, as outlined in our offer schedule. If your usage is deemed excessive, additional fees may be imposed, or your capacity may be limited.

We strongly oppose all forms of abuse, discrimination, infringement upon rights, or any actions that harm or disadvantage any individual, group, or resource. We expect our customers and, where applicable, their end-users to approach the use of our Products with similar intentions.

Customer accountability

We hold our customers accountable for their own actions, as well as the actions of individuals granted permission to use our Products. This responsibility extends to unauthorized usage resulting from the customer’s failure to implement reasonable security measures.

By accepting our Products, customers agree to ensure compliance with this policy on behalf of all individuals utilizing the Products as their end-users. Complaints regarding customer actions or the actions of their end-users will be forwarded to the designated contact for the associated account.

In the event that a customer, their end-user, or any user associated with the customer’s account violates our acceptable use policy, we reserve the right to terminate the related Products or the account itself. We may also take any necessary remedial or preventative measures, without prior notice. Please note that, to the extent permitted by law, no service credits will be provided for service interruptions resulting from violations of our acceptable use policy.

Prohibited activity

  • Copyright infringement and access to unauthorized material: The use of our website, and other services operated by Protimoi Cigars, LLC, is strictly prohibited for transmitting, distributing, or storing any content that violates applicable laws. This encompasses, but is not limited to, material protected by copyrights, trademarks, trade secrets, or other intellectual property rights used without proper authorization, as well as material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. The customer bears full responsibility for all content they input, upload, disseminate, transmit, create, or publish through or on our website, or services, and they must obtain legal permission to use any works included in such content.

 

  • SPAM and unauthorized message activity: The use of our website, and other services operated by Protimoi Cigars, LLC, for sending unsolicited bulk or commercial messages, commonly known as “spam,” is strictly prohibited and violates applicable laws and regulations in your jurisdiction. This includes, but is not limited to, engaging in spamming activities, soliciting customers through spam sent from other service providers, and collecting responses to spam sent from other service providers. Furthermore, our Products must not be used for the operation of unverified mailing lists or telephone number lists, also known as “messaging lists.” This includes, but is not limited to, subscribing email addresses or telephone numbers to any messaging list without the explicit permission of the respective owners and storing such information obtained through unauthorized means. All messaging lists hosted or operated using our website, or other services operated by Protimoi Cigars, LLC, must adhere to a “confirmed opt-in” policy, requiring verification of the owner’s express permission for the entire lifespan of the messaging list. The use of email lists, telephone number lists, or databases purchased from third parties intended for spamming or unconfirmed messaging list purposes is strictly prohibited on our website, or other services operated by Protimoi Cigars, LLC. This policy applies to messages sent using our website, or other services operated by Protimoi Cigars, LLC, or sent from any network by the customer or any person acting on behalf of the customer, which directly or indirectly direct the recipient to a website hosted via protimoicigars.com, or any other services, operated by Protimoi Cigars, LLC.

 

  • Unethical, exploitative, and malicious activity: The use of our website, or any other services operated by Protimoi Cigars, LLC, for advertising, transmitting, or making available any software, program, product, or service that is designed to violate our acceptable use policy or the policies of other service providers is strictly prohibited. This includes, but is not limited to, activities that facilitate sending spam, initiating network sniffing, pinging, packet spoofing, flooding, mail-bombing, or engaging in denial-of-service attacks. Our website and services must not be used to access any account or electronic resource without proper authorization. This includes activities commonly referred to as “hacking,” “cracking,” “phreaking,” or any other unauthorized attempts to gain access to accounts or resources. Intentionally or recklessly introducing viruses or malicious code into our website and systems is strictly prohibited. Our website and services must not be used for activities intended to harass or threaten others. This includes engaging in denial-of-service attacks, promoting hate speech, advocating racial or ethnic intolerance, or engaging in any activity that infringes upon the rights of, discriminates against, or threatens any group or individual. Our website and services may not be used by individuals or entities involved in or suspected of involvement in illegal gambling, terrorism, narcotics trafficking, arms trafficking, proliferation of weapons of mass destruction, or any activities related to nuclear, chemical, or biological weapons. This includes any affiliation with others who support or participate in such activities. Other activities considered unethical, exploitative, and malicious include:
    • Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
    • Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
    • The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
    • Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
    • Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
    • Any act or omission in violation of consumer protection laws and regulations;
    • Any violation of a person’s privacy.

Unauthorized use of Protimoi Cigars, LLC property

Engaging in fraudulent activities such as impersonating Protimoi Cigars, LLC, falsely claiming a substantial business connection with Protimoi Cigars, LLC, or asserting ownership over any Protimoi Cigars, LLC assets (including our Products and brand) with the intent to deceive and obtain service, customers, patrons, or user trust is strictly prohibited.

Dispute Resolution

Any dispute arising from your visit to our website, or by utilizing any other services managed by Protimoi Cigars, LLC, or the products purchased through the website, shall be resolved through confidential arbitration in Dallas, Texas. However, if you have violated or threatened to violate our intellectual property rights, we may seek appropriate relief in any state or federal court in Texas. By accepting these terms, you agree to submit to the jurisdiction and venue of the state and federal courts of Texas, waiving any defenses of lack of personal jurisdiction and forum non conveniens. The arbitration process will follow the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s decision will be final and can be enforced as a judgment in any court. This Agreement does not allow for the consolidation of arbitration with other parties, whether through class actions or otherwise. Furthermore, any claim or cause of action relating to the use of our website, or any other services managed by Protimoi Cigars, LLC, or this Agreement must be filed within one year, or it will be barred by time limitations, regardless of any contrary statutes or laws.

Remedies

You acknowledge and agree that if there is an actual or threatened breach of this Agreement, our legal remedies available under the law would be insufficient. Therefore, we reserve the right to seek specific performance or injunctive relief, or both, in addition to any damages that we may be entitled to recover. This includes, but is not limited to, the recovery of reasonable expenses related to any form of dispute resolution, such as attorneys’ fees.

None of our rights or remedies under these terms and conditions are exclusive, whether they are available in law or equity. This means that we may pursue various remedies simultaneously or alternatively, including but not limited to damages, injunctive relief, attorneys’ fees, and expenses.

Any waiver of our rights or remedies in a particular instance does not imply an obligation to grant similar waivers in the future or in any other situation.

Governing Law

This website, and all services rendered by Protimoi Cigars, LLC, is created and maintained by us here in Texas, USA. Consequently, the laws of the State of Texas will govern these disclaimers, terms, and conditions, disregarding any conflicts of laws principles.

About this policy

This policy provides a non-exhaustive list of activities and intentions that are considered unacceptable and incompatible with our brand.

We retain the right to modify this policy at any time by posting the updated version on our website. The revised policy will take effect either on the date the customer utilizes our Products after the revised version is published on our website or 30 days following its publication on our website, whichever comes earlier.

Our Address

Have a question, comment, or concern regarding this website, or other services offered by Protimoi Cigars, LLC (including needing our physical mailing address, or inquires relating to copyright infringement)? Please visit us at https://protimoicigars.com/contact-us/