You may contact ORTEGA CIGARS Customer Service by sending an email to [email protected]. You acknowledge that the provision of customer service is at ORTEGA CIGARS’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 you have created an Account and that you submit your customer service inquiries using such Account.
Product Specifications or Typographical Errors
Being that we have actual humans working in our offices, we do not warrant that product specifications, pricing, or other content on ORTEGA CIGARS is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, ORTEGA CIGARS shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, a credit will be issued to your account in the amount of the charge.
Seller Risk or Loss
All items purchased from ORTEGA CIGARS 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.
You agree to electronic communication for all your transactions and communication with ORTEGA CIGARS. 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 ORTEGA CIGARS, and you agree that such posting will constitute effective notice. You authorize ORTEGA CIGARS to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if ORTEGA CIGARS decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by ORTEGA CIGARS to the address that you have most recently provided will constitute effective notice. ORTEGA CIGARS’s address for Legal Notices is:
Ortega Premium Cigars Inc.
140 N Federal Hwy,
Deerfield Beach, FL 33441
Modifications to Terms
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 ORTEGA CIGARS, 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 ORTEGA CIGARS 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 ORTEGA CIGARS 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.
Ownership of Rights and Content Licenses
You hereby grant to ORTEGA CIGARS 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 ORTEGA CIGARS.
You agree not to post to ORTEGA CIGARS 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 ORTEGA CIGARS; (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 ORTEGA CIGARS or extract data or gather or use information, such as email addresses, available from ORTEGA CIGARS or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of ORTEGA CIGARS, or link to ORTEGA CIGARS, 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 ORTEGA CIGARS; (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 ORTEGA CIGARS (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on ORTEGA CIGARS’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 ORTEGA CIGARS or any recipient.
Site Content Monitoring
We are under no obligation to restrict or monitor ORTEGA CIGARS Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT ORTEGA CIGARS DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF ORTEGA CIGARS 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 ORTEGA CIGARS. ORTEGA CIGARS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on ORTEGA CIGARS by anyone other than authorized ORTEGA CIGARS employees acting in their official capacities.
Site Content Protection
ORTEGA CIGARS is protected by U.S. and international intellectual property laws, which you agree to respect. All content on ORTEGA CIGARS, 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 ORTEGA CIGARS or its content suppliers. All software used on ORTEGA CIGARS is the property of ORTEGA CIGARS or its software suppliers.
Termination or Cancelation
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 ORTEGA CIGARS, and/or your Account, or suspend or block your access to ORTEGA CIGARS. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use ORTEGA CIGARS after termination of these Terms, that use will constitute your agreement to the Terms then posted on ORTEGA CIGARS. ORTEGA CIGARS 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 ORTEGA CIGARS.
Disclaimer of Warranties
ORTEGA CIGARS MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM ORTEGA CIGARS, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE ORTEGA CIGARS AND CONTENT AT YOUR OWN RISK. ORTEGA CIGARS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORTEGA CIGARS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ORTEGA CIGARS OR THE INFORMATION OR CONTENT INCLUDED ON ORTEGA CIGARS. ORTEGA CIGARS MAKES NO REPRESENTATIONS OR WARRANTIES THAT ORTEGA CIGARS WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORTEGA CIGARS 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.