Terms & Conditions
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Fox Cigar Cutters, LLC (“Company”) website located at sites.irbmedia.com/duecignicutlery, and all associated sites linked to sites.irbmedia.com/duecignicutlery by Company, its subsidiaries and affiliates, including Company sites around the world (collectively, the “Site”). The Site is the property of Company and its affiliates. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Company reserves the right, in its sole discretion, to modify, add or remove portions of these Terms of Use, at any time, without notice. It is your responsibility to check these Terms of Use periodically for changes. By continuing to use the Site following the posting of changes means that you have accepted and agree to these changes. Company grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site, so long as you continue to comply with these Terms of Use.
Content
All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, “Content”) is the property of Company or its content suppliers and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, without Company’s express prior written consent.
Your Use of the Site
You must be 18 years or older to use our Site. Minors under 18 and at least 13 years of age are only permitted to use our Site through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the Site. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.
You may not use any automatic device, algorithm, program, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
It is possible that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Company may make modify/alter any products or services offered on the Site, or modify the applicable prices for any such products or services, at any time, without notice. Company makes no commitment to update the materials on the Site with respect to such products and services and you acknowledge that information on the Site could be out of date.
Accounts, Passwords and Security
If any portion of the Site requires you to open an account (such as setting up an ID and password), you will be entirely responsible for maintaining the confidentiality of your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Company immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Company or any other user of or visitor to the Site as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Company’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Company’s Privacy Policy is available on this Site. By your use of the Site, you acknowledge and agree that Internet transmissions are never completely private and understand that any message or information you send to the Site may be read or intercepted by others, regardless of any notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Company Site
If the Site contains links to other independent third-party Web sites, those are provided solely as a convenience Site visitors. Any third-party linked sites are not under Company’s control, and Company is not responsible for and does not endorse the content of such sites, including any information or materials contained therein.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Disclaimers
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY MAKES NO WARRANTIES THAT THE SITE OR ANY CONTENT OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. COMPANY MAKES NO REPRESENTATION THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability
Unless prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Company has been advised of the possibility of such damages. If, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Company’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Company, or (2) US$100.00.
Indemnity
You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Clark County, Nevada, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and reasonable attorneys’ fees. In the event of any controversy or dispute between Company and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis
Privacy Policy
Effective Date: January 1, 2021
Fox Cigar Cutters (“Company”, “Website”, “we”, or “our”) is committed to advising you of the right to your privacy and strives to provide a safe and secure user experience. This Privacy Policy explains how we collect, store and use personal information provided by you on our Website. By accessing and using our Website, you explicitly accept, without limitation or qualification, the collection, use and transfer of the personal information provided by you in the manner described in this Privacy Policy. Please read this Policy carefully, as it affects your rights and our liabilities under the law. If you disagree with the way we collect and process personal information, please do not use our Website.
Information We Collect.
We actively collect general types of information about you when you visit and use our Website; examples include personal information, behavioral information, and indirect information. Some of the information which you may affirmatively submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, e-mail address, mailing address, phone number and sales delivery, billing and credit card information). Sometimes we collect combinations of these types of information:
Personal Information. Is information that can be used to identify you or any other individual to whom the information may relate. This is information which you are prompted to provide to us. Such information may include your name, address, telephone number(s), mobile numbers and email address, credit card number, or other unique information about you which you provide to us during the purchase and order process, or through the course of communicating with us about the products and services provided on our Website. We may collect this same information about all other persons when you provide it to us.
Behavioral Information. Is information which is automatically collected when you use our Website. This information includes the areas of our Website that you visit, what services you access or ordered, information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited. When we can identify you personally through the use of this information, it becomes Personal Information.
Third-Party Information. Is information about you that we acquire from a third-party which may include personal, demographic, behavioral and indirect information. This collection may also include, but not limited to, first party cookies, third-party cookies, anonymous cookies, persistent identifiers, email opt-in records and search engine keywords. We have no access or control over these cookies and other tracking devices used by third-parties including advertisers and networks, internet service providers, data analytics providers or social networks and platforms. We have no responsibility or liability for the policies and practices of these parties. When we can identify you personally through the use of this information, it becomes Personal Information.
Web Technology Information. Is information we automatically collect from you when you visit our Website. This includes internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is collected from the use of cookies, Web beacons or JavaScript.
No Information Collected from Children. We will never knowingly collect any Personal Information from children under the age of 18. If we obtain actual knowledge that we have collected Personal Information about a child under the age of 18, that information will be immediately deleted from its database. Because it does not collect such information, we have no such information to use or to disclose to third-parties.
No Sensitive Health Information is Collected. We do not collect information about past, present or potential future medical conditions or treatments. Nor do we collect any biometric information.
Credit Card Information and Bank Account Information. We collect credit card number(s), payment and billing information and related information, when you place an order on our Website. When the credit card or bank account information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the credit card information or bank account information for purposes of processing and completing the transaction you requested through a third-party processor. As such, information will be disclosed to third-parties as necessary to complete the requested purchase transaction.
How We Use Information Collected.
Providing Services and Products. We use the information we gather on our Website to provide you with the services and or products you have requested. This may include passing your information on to a third-party to provide and/or process such services or products. For example, we will disclose your billing information to payment processors to process the transaction, we will disclose your shipping address to fulfilment and shipping contractors to deliver a product to you, and we may disclose your email address to email fulfillment contractors to send you emails from us. Although our contractual arrangement limits how this party can use your information, we do not control the privacy practices of third-parties. If you have any questions or wish to remove your information from the third-party databases, you will need to contact that party directly.
Improving Our Website. We use the information we gather to respond to any inquiries you make, operate and improve the functionality of our Website, and deliver the products and services advertised on our Website. We use the same for testing, research, analysis and product or marketing development. Our services include the display of personalized products, content, and advertising, relating to your experience and interests. This includes maintaining and improving the safety, security and integrity of our Website, databases and technology assets.
Promotions and Communications with You. We also use the information we gather to promote our and third-party services and products to you that might be of interest to you. We also use the information we have gathered to respond to your inquiries, concerns or requests. If your request is made through a third-party, we may use the information to respond to their requests.
Disclosure of Information to Others.
We will share your Personal Information with third-parties and service providers as described in this Privacy Policy.
Product and Service Delivery. We share all categories of information set out in this policy with third-parties who help us in the delivery of the products and services you have requested.
Website Functionality. We share all categories of information set out in this policy with third-parties we employ to perform technical functions on our behalf. Examples include third-parties who host our Website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service as set forth above.
Promotions, and Communications with You. We share all categories of information set out in this policy with third parties including affiliated entities, service providers, and data aggregators with your information with third parties who will provide you with their opportunities, products or services. Again, this includes your personal and non-personal information, and includes your interests and preferences, so they may determine whether you might be interested in their products or services.
Anonymized information. We share aggregated anonymous information about you, combined with other persons using our Website with third-parties, so that they can understand the kinds of visitors that come to our Website, and how those visitors use our Website and promotion of our marketing. This includes demographic information and behavioral information.
Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Acquisition or Merger. We may disclose and transfer your information to a third-party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
Opt-Out Procedures.
You may always opt-out of receiving communications from us. To not receive future e-mail communications from Company, contact us at [email protected]/duecignicutlery.
Security.
We endeavor to safeguard and protect your information. When you submit information on our Website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer software (“SSL”) to protect data and to secure any transactions. SSL encrypts information including credit card number(s), and names and addresses, as they are transmitted over the Internet. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our Website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
Collection of Information Through Cookies, Web Beacons, and JavaScript.
Generally, we as well as third-party vendors, networks, ISP(s) and supporting advertisers use technologies such as cookies, web beacons, and java scripts. These technologies collect internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Website, track users’ movements through our Website and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregated basis. California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.
Cookies. “Cookies” are a feature in your browser software. If enabled, cookies store small amounts of data on your computer about actions you take on the pages of our Website. Cookies assist us in tracking which of our features you visit most often, and what content you viewed on past visits. When you visit this website again, cookies allow us to remember your settings and may be used for authentication. We may use cookies to keep track of the number of return visits, accumulate and aggregate statistical information generally pertaining to our Website, and deliver specific content to you based on your past viewing history. You can disable cookies, although our Website may not function properly for you. Your browser preferences can be modified to accept or reject all cookies or request a notification when a cookie is set.
Third-Party Cookies. We allow third-party vendors and advertisers to set their own cookies on and through our Website. We have no control over the practices of those third-parties and are not responsible for their technology or tracking. We encourage you to review the policies of such persons or entities on their websites. We use various ad services provided by Google that connects the activity on our Website with their advertising network and they may use cookies that collects information regarding certain patterns in your browsing history. We also participate in all of Google’s Analytics Advertising. This includes: (i) Remarketing with Google Analytics; (ii) Google Display Network Impression Reporting; (iii) Google controlled Campaign Manager integration; and (iv) Google Analytics Demographics and Interest Reporting. Google uses cookies to track activity performed by Google Analytics and its AdWords or DoubleClick cookie. We also use Google Analytics which is an analysis service. Google utilizes the data collected through its cookies to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services.
Social Media Cookies. Our Website includes third-party social media features. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third-party or hosted directly on our Website. Your interactions with these features are governed by the Privacy Policy of the company providing it.
Web Beacons. We use electronic images known as Web Beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our Website, measure and improve the effectiveness of advertisements and track delivery of advertising. Web Beacons collect only a limited set of information including a cookie number, time and date of page view, as well as a description of the page on which the Web Beacon resides. We may also use Web beacons in email messages sent to you. This allows us to determine if you opened or acted upon the email message. Because Web beacons are the same as any other content request, you cannot opt-out or refuse them. However, they can be rendered ineffective by either opting-out of cookies or changing the cookie setup in your browser.
JavaScript. We may also use JavaScript. JavaScript is a computer language that enhances the functionality of websites, particularly with respect to pictures. We use it to analyze and improve our Website’s functions. You may deactivate JavaScript through your browser settings or activate it the same way. If you disable JavaScript, you will not be able to use some of the functions of our Website. You may opt-out of advertising here:
Facebook Advertising: https://www.facebook.com/help/146952742043748
Google Advertising: https://support.google.com/ads/answer/2662922?hl=en
Google Remarketing Ads: http://www.google.com/settings/ads
Google Analytics: https://tools.google.com/dlpage/gaoptout/
Opt-Out Of All Remarketing Ads: http://www.networkadvertising.org/choices/
Changes to This Privacy Policy.
We reserve the right to make material changes to the substance of this Privacy Policy. We will post those changes through a prominent notice on the website, so that you will always know what information we gather, how we might use that information, and to whom we will disclose it.
California Residents Rights.
The California Consumer Protection Act (“CCPA”) provides California residents with specific rights regarding their personal information. Please click here for a description of those rights and how to exercise those rights, including the do not sell my personal information right afforded you. In addition, California’s Shine the Light Law provides California residents with the right to receive, once a year, information about third-parties by category with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. California residents also have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies. As stated in this Policy, you have agreed to allow us to share information with third parties for their direct marketing purposes until you remove your information; and thus, you have agreed to this disclosure. California customers may request further information about our compliance with this law by sending us an email at [email protected]/duecignicutlery. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
Contact Us.
If you have any questions regarding this Privacy Policy, please contact: [email protected]/duecignicutlery.
