Search
Close this search box.

Terms of Service

Terms of Service

Welcome to KinkyCigars.com! These terms of service (“Terms”) govern your use of our website, products, and services. By using our website, you agree to these Terms. If you do not agree to these Terms, please do not use our website.

License to Use Our Website

We grant you a limited, non-exclusive, non-transferable, revocable license to use our website for your personal use only. You may not use our website for any commercial purpose without our prior written consent.

User Accounts

To use certain features of our website, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information and password. You agree to notify us immediately if you become aware of any unauthorized use of your account.

Prohibited Activities

You may not use our website to:

  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of others
  • Distribute viruses or other harmful computer code
  • Engage in any fraudulent or deceptive activity
  • Harass or harm others

Content

Our website may allow you to upload or submit content, such as comments or product reviews. You retain ownership of any content you submit, but you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, display, reproduce, modify, and distribute your content.

We reserve the right to remove any content that we deem inappropriate or in violation of these Terms.

Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of KinkyCigars.com or its licensors and is protected by United States and international copyright laws. You may not use any of our content without our prior written consent.

Disclaimer of Warranties

We make no warranties or representations about the accuracy, reliability, or completeness of our website or any content on our website. We do not warrant that our website will be uninterrupted or error-free, or that any defects will be corrected. We provide our website on an “as is” and “as available” basis.

Limitation of Liability

In no event will KinkyCigars.com or its affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or products, even if we have been advised of the possibility of such damages. Our total liability to you for any damages arising out of or in connection with your use of our website or products will not exceed the amount you paid for the product or service.

Indemnification

You agree to indemnify and hold KinkyCigars.com and its affiliates harmless from any claims, damages, or expenses arising out of or in connection with your use of our website or products, your violation of these Terms, or your violation of any applicable law or regulation.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of [insert state here], without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or in connection with these Terms will be brought in the state or federal courts located in [insert city and state here], and each party irrevocably consents to the jurisdiction of such courts.

Changes to These Terms

We reserve the right to modify these Terms at any time. If we make any material changes to these Terms, we will update the “last updated” date at the top of this page. Your continued use of our website after any changes indicates your acceptance of the updated Terms.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and KinkyCigars.com with respect to your use of our website and products. Any waiver of any provision of these Terms will be effective only if in writing and signed by KinkyCigars.com. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.

Waiver of Jury Trial

You and KinkyCigars.com waive any right to a trial by jury in any dispute arising out of or in connection with these Terms.

Assignment

You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign these Terms or any of our rights or obligations hereunder, without your prior written consent.

Headings

The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Termination

We may terminate your access to our website or products at any time, for any reason, without notice. Upon termination, you must immediately cease all use of our website and products.

Third-Party Links

Our website may contain links to third-party websites or services. We do not endorse or assume any responsibility for any third-party websites or services. Your use of any third-party websites or services is at your own risk.

Product Availability and Pricing

Product availability and pricing are subject to change without notice. We reserve the right to limit the quantity of any product ordered and to refuse service to anyone for any reason.

Shipping

We offer shipping to the United States and select international locations. Shipping costs and delivery times vary depending on the destination and shipping method. Please see our Shipping Policy for more information.

Returns and Refunds

We accept returns and provide refunds for defective or damaged products. Please see our Returns and Refunds Policy for more information.

Taxes

You are responsible for paying any applicable taxes associated with your purchase. We will collect and remit sales tax on orders shipped to states where we are required to do so.

Force Majeure

We will not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, and labor disputes.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:

KinkyCigars.com CJ Tuttle USA

Email: [email protected]

Entire Agreement

These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and KinkyCigars.com with respect to your use of our website and products. Any waiver of any provision of these Terms will be effective only if in writing and signed by KinkyCigars.com. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.

Acceptance

By using our website or products, you signify your acceptance of these Terms. If you do not agree to these Terms, please do not use our website or products.