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TERMS & CONDITIONS

Welcome to https://www.noblezatobacco.com/. This website is comprised of various web pages operated by Nobleza Tobacco. This website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. All users of this site agree that access to and use of this site are subject to the following terms and conditions and any others applicable by law. If you do not agree to these terms and conditions, then you should not use this site.

Age

I certify I am of the legal smoking age to purchase cigars in my jurisdiction.  Nobleza Tobacco does not sell tobacco to anyone under the age of 21 (or the minimum in your local jurisdiction) Please leave our site if you are under the legal age and be aware that it is unlawful to even attempt to purchase tobacco/cigars below the minimum age set in your jurisdiction.


Copyright

You (consumer) are granted a non-exclusive, non-transferable, revocable license to access and use https://www.noblezatobacco.com/ strictly in accordance with these terms of use:

All content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nobleza Tobacco. All work includes works that are licensed to Nobleza Tobacco. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nobleza Tobacco or purchasing Nobleza Tobacco products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Nobleza Tobacco or to purchase Nobleza Tobacco products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Nobleza Tobacco. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, service marks, and trade names of Nobleza Tobacco used in the site are trademarks or registered trademarks of Nobleza Tobacco & Fatalusa, LLC.


Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nobleza Tobacco disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nobleza Tobacco does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Nobleza Tobacco does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NOBLEZATOBACCO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. NOBLEZATOBACCO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NOBLEZATOBACCO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOBLEZA TOBACCO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOBLEZA TOBACCO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.



Termination/Access Restriction

Nobleza reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nobleza because of this agreement or use of the Site. Nobleza ‘s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Nobleza ‘s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nobleza with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nobleza with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nobleza with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

 

Changes to Terms 

Nobleza reserves the right, in its sole discretion, to change the Terms under which | https:/www.noblezatobacco.com/ is offered. The most current version of the Terms will supersede all previous versions. Nobleza encourages you to periodically review the Terms to stay informed of our updates.

 

Typographical Errors

In the event that a Nobleza Tobacco product is mistakenly listed at an incorrect price, Nobleza Tobacco reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Nobleza Tobacco reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Nobleza Tobacco shall issue a credit to your credit card account in the amount of the incorrect price.

 
Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nobleza Tobacco without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

Nobleza Tobacco may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to  Nobleza Tobacco.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Nobleza Tobacco products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nobleza Tobacco products) must be commenced within one (1) year after the claim or cause of action arises.  Nobleza Tobacco’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nobleza Tobacco may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Nobleza Tobacco or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

Participation Disclaimer

You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nobleza Tobacco is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nobleza Tobacco reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or; other intellectual property rights of another or (d) offensive or otherwise unacceptable to Nobleza Tobacco in its sole discretion.

 

 

Indemnification

You agree to indemnify, defend and hold harmless Nobleza, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nobleza reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nobleza in asserting any available defenses.

 

Arbitration
 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out

of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

 

Third-Party Links

You will be able to connect your Nobleza account to third-party accounts. By connecting your Nobleza account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Nobleza products are only for use in states where the sale and consumption of such products are legal.

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