MARZIO Terms and Conditions of Use
Last updated: January 25, 2018
Welcome to the Marzio Cigar website, www.marziocigars.com, which we refer to as the “Site.” Use of the term “Site” also includes any associated mobile application (“app”), and any content, functionality, and services offered on or through the Site or associated app. These Terms and Conditions of Use (these “terms”) govern your use of, and access to, the Site.
The Site is owned and operated by PARODI HOLDIGS LLC. (who we refer to, together with our affiliates, as “Parodi,” “us,” “we,” or “our,” depending on the context). When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the Site.
ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or otherwise using the Site, you are creating a binding contract between you and us, and you are acknowledging that you have read, understood, and agreed to be bound by these terms.
YOUR RESPONSIBILITIES WHEN USING THE SITE; INTERACTION WITH SOCIAL MEDIA;
You agree to use the Site, and to share information from the Site, only for its intended purpose as described on the Site and in these terms. Without limiting that general requirement, you agree that you will not: (a) use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Site or collect any content; (b) engage in any “screen scraping,” “database scraping” or similar activities to obtain any content from the Site; (c) accumulate or index, directly or indirectly, any content or portion of the Site for any commercial purpose whatsoever; or (d) otherwise use the Site to engage in any illegal activity, or to engage in conduct that is defamatory, libelous, threatening, or harassing, or that infringes on a third party’s proprietary rights.
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 elude any security systems in place on the Site, or use the Site in any manner that may adversely affect the functionality of the Site, the Site’s availability to other users, or the rights of other users of the Site.
We reserve all rights to monitor the Site for any reason, including evaluating whether any use of the Site is, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability arising from the use of the Site by our users. We are under no obligation to enforce these terms on your behalf against another user.
We may 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. Any comments and feedback will be subject to these terms and to any other policies and guidelines we may publish from time to time regarding user content. In addition, these interactive features may link to, or require you to log into, one of your social media or networking accounts (such as Facebook, Twitter, LinkedIn, or Google), or may otherwise access or use your social media account information. We are not in control of your social media account(s) or how the social media service provider uses your information, which is governed by the setting and privacy policies of the social media account service providers.
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.
The Site provides users with an opportunity to open a communication channel with us via e-mail. If you choose to use these features, 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 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.
LINKS TO OTHER WEB SITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
Federal Law requires that our contents will be disclosed only to people aged 18 or older. Residents of Alaska, Alabama, New Jersey, and Utah must be aged 19 or older to purchase cigars. By visiting our website, you are acknowledging that you are of legal age. Falsifying your age for accessing this web site is strictly illegal and is punishable by law. We reserve the right to ask for identification upon our discretion.
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 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 content without our prior express written consent.
“MARZIO,” “MARZIO CIGARS,” and all related names, logos, products and service names, designs and slogans are trademarks of us and our licensees. 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 the names “Marzio,” “Marzio Cigars,” “www.marziocigars.com,” or any other colorable equivalent without our prior written authorization.
References on the Site to any third-party products or services by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by or thereof, or any affiliation therewith, by us.
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.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SITE 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.
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 E-MAIL 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 STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE, INCLUDING 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 INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING 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 OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY OUR AUTHORIZED REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
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, RELATING TO OR IN CONNECTION WITH THESE TERMS. 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.
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.