Terms of Use

By using TheCigarBully.com, you agree to abide by the following terms below.

Welcome to TheCigarBully. TheCigarBully is a M&R Cigar Enterprises LLC company (“MRCE”) located in Austin, Texas.

MRCE provides services to you subject to the following notices, terms, and conditions (“Terms”). Please read these terms carefully. Terms, as modified or amended from time to time, are a binding contract between MRCE and you. By visiting and shopping at MRCE you accept these. In addition, when you use any current or future MRCE service you will also be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

1. PRIVACY POLICY

Please read our Privacy Policy, which is incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to MRCE. You acknowledge that MRCE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MRCE, MRCE users, and the public.

2. MINIMUM AGE REQUIREMENT

TheCigarBully (TheCigarBully..com) is intended for use by persons who are at least 21 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 21. By using TheCigarBuly.com, you represent and warrant you are at least 21 years old. In compliance with FDA cigar regulations, we are required to Age Verify, use a non-affiliated third party company (Veratad Technologies) to confirm you are 21 or older. In certain cases, some customers may not be verifiable due to limited availability of publicly available information to Veratad. In such cases, we will contact you to request a copy of your photo ID so we can manually verify your date of birth. Note: Veratad Technologies returns results based on information found in billions of public records that come from hundreds of trusted and verified data sources. Veratad does not aggregate personal customer data and we don’t collect, store, sell or share such personal data for marketing purposes.

3. CUSTOMER SUPPORT

You may contact MRCE Customer Service by sending an email to customerservice@thecigarbully.com.   You acknowledge that the provision of customer service is at MRCE’s sole discretion, and that we have no obligation to provide you with customer service of any kind. We may provide you with customer service from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer service inquiries using such Account.

4. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

We are human and therefore make occasional mistakes. Therefore we do not warrant that product specifications, pricing, or other content on MRCE is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, MRCE shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.

5. SELLER; RISK OF LOSS

All items purchased from MRCE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

6. ELECTRONIC COMMUNICATIONS AND NOTICES

You agree to electronic communication for all of your transactions and communication with MRCE. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Except as otherwise provided in these Terms, we will give you any notices by posting them on MRCE, and you agree that such posting will constitute effective notice. You authorize MRCE to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if MRCE decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by MRCE to the address that you have most recently provided will constitute effective notice. MRCE’s address for Legal Notices is:

M&R Cigar Enterprises LLC, dba TheCigarBully.com

3903 S Congress Avenue

PO 40253

Austin, Texas 78704-9998

7. MODIFICATIONS TO TERMS

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to MRCE. Your continued use of MRCE following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, MRCE (or any part thereof) without notice.

8. POSTING CONTENT; REPRESENTATIONS AND WARRANTIES

You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing ("posting") any content on MRCE, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to MRCE the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to MRCE described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.

9. OWNERSHIP OF RIGHTS; LICENSE RIGHTS

You hereby grant to MRCE a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to MRCE.

10. PROHIBITED CONDUCT

You agree not to post to MRCE any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).

You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from MRCE; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access MRCE or extract data or gather or use information, such as email addresses, available from MRCE or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of MRCE, or link to MRCE, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by MRCE; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of MRCE (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on MRCE’s infrastructure or performance, or send to or otherwise impact us (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact MRCE or any recipient.

11. MONITORING OF SITE CONTENT

We are under no obligation to restrict or monitor MRCE Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT MRCE DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF MRCE IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of MRCE. MRCE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on MRCE by anyone other than authorized MRCE employees acting in their official capacities.

12. PROTECTION OF SITE CONTENT

MRCE is protected by U.S. and international intellectual property laws, which you agree to respect. All content on MRCE, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of MRCE or its content suppliers. All software used on MRCE is the property of MRCE or its software suppliers.

13. TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to MRCE, and/or your Account, or suspend or block your access to MRCE. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use MRCE after termination of these Terms, that use will constitute your agreement to the Terms then posted on MRCE. MRCE may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 8 with respect to removal or modification of Content previously posted on MRCE.

The provisions entitled "Posting Content on the Site; Representations and Warranties," "Ownership of Rights; License Rights," "Indemnification," "Disclaimer of Warranties," "Exclusion of Damages; Limitation of Liability," and the Privacy Policy will survive termination of these Terms.

14. INDEMNIFICATION

As a condition of your access to and use of MRCE, you agree to hold MRCE, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of MRCE and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of MRCE; (iv) MRCE's resolution (if any) of any dispute you have or claim to have with one or more users of MRCE; (v) your improper authorization for MRCE to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that MRCE disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) MRCE will have the right but not the obligation to resolve disputes between users relating to MRCE and MRCE's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) MRCE's resolution of a dispute will be final with respect to MRCE.

15.DISCLAIMER OF WARRANTIES

MRCE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM MRCE, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE MRCE AND CONTENT AT YOUR OWN RISK. MRCE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MRCE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MRCE OR THE INFORMATION OR CONTENT INCLUDED ON MRCE. MRCE MAKES NO REPRESENTATIONS OR WARRANTIES THAT MRCE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MRCE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.