IPCPR Legislative | Terms of Service

Terms of Service

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “You” or “User” or with “Your”) AND INTERNATIONAL PREMIUM CIGAR & PIPE RETAILERS ASSOCIATION (referenced herein as “IPCPR”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITE PROVIDED BY IPCPR AND LOCATED AT www.ipcpr.org (the “WEBSITE”).  YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (the or this “TOU”) AS THEY GOVERN YOUR ACCESS AND USE OF THE WEBSITE.  IPCPR IS WILLING TO LICENSE THE USE OF THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU.  IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE AND ARE INSTRUCTED TO EXIT THIS WEBSITE IMMEDIATELY.

 

Terms and Conditions

1.              License Grant.  This TOU provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Website conditioned on Your continued compliance with the terms and conditions of this TOU.  You may print and download materials and information from the Website solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  The content, layout, formatting, and features of and access privileges for the Website shall be as determined by IPCPR in its sole discretion.

2.              Restrictions.  Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website.  Specifically, and by way of illustration and not limitation, You may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or content without the prior express written permission of IPCPR and/or its licensor(s).  Moreover, You may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (b) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any IPCPR server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (d) reverse look-up, trace, or seek to trace any information on any other person or entity accessing or using the Website, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or IPCPR’s systems or networks or any systems or networks connected to the Website, (f) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to IPCPR on or through the Website, (h) use the Website to harvest or collect e-mail addresses or other contact information; or (i) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact IPCPR.

3.              User Obligations.  You must be at least eighteen (18) years of age (or the legal age of majority (whichever is greater)).  You further represent that You will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when You provide information via a Website registration or submission form.  If You provide any false, inaccurate, untrue, or incomplete information, IPCPR reserves the right to terminate immediately Your access to and use of the Website and to seek other remedies or damages available at law or in equity.  In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Website.  You also acknowledge and agree that use of the Internet and access to the Website is solely at Your own risk.  While IPCPR has endeavored to create a secure and reliable Website, You should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, IPCPR is not responsible for the security of any information transmitted to or from the Website.  You must make Your own determination as to such issues.  If you wish to communicate with IPCPR through other means, please contact IPCPR at [INSERT LINK TO CONTACT INFORMATION]

4.              Privacy Policy.  You understand, acknowledge, and agree that the operation of certain areas of the Website may require or involve the submission, use, and dissemination of various personally identifiable information.  Please see IPCPR’s Privacy Policy at [URL] for a summary of IPCPR’s personal identifying information collection and use practices.

5.              [OPTIONAL]User Name Handling Policy. Registration may be required for access to certain areas of the Website.  These restricted areas may further require both a user name and a password or adherence to other particular access requirements as designated by IPCPR. Only one User can use one user name and password and, thus, one account.  By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both Your user name and password can gain entry to the restricted portions of the Website and to Your account.  Accordingly, by using the Website, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential.  You also agree not to use another User’s user name and password.  You will immediately notify IPCPR if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password.  IPCPR will not be liable for any loss or damage arising from Your failure to comply with these obligations.

6.              Proprietary Rights.  This TOU provides only a limited license to access and use the Website.  Accordingly, You expressly acknowledge and agree that IPCPR transfers no ownership or intellectual property interest or title in and to the Website to You or anyone else.  All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by IPCPR (and its successors and assigns) and/or licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, IPCPR does not grant any other express or implied right to You or any other person under any intellectual or proprietary rights.  Accordingly, Your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  This Website and its contents are Copyright © 20__ International Premium Cigar & Pipe Retailers Association [CONFIRM FULL LEGAL NAME] and/or its licensors.  All rights reserved.  IPCPR also owns a copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website.  “IPCPR” and all other names, designs, logos, and icons identifying IPCPR and its products, programs, events, or services are proprietary trademarks of IPCPR, and any use of such marks, including, without limitation, as domain names, without the express written permission of IPCPR is strictly prohibited.  Other product, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

7.              Third Party Products & Services.  IPCPR, in its sole discretion, may feature and/or post the advertisements or logos of third parties on the Website and/or feature or utilize on the Website materials, programs, products, and services provided by third parties over which IPCPR has no control.  IPCPR makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services that such third-party materials, products, and services may access.  Your correspondence or any other dealings with third parties found on the Website are solely between You and such third party.  Accordingly, IPCPR expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and You agree that IPCPR shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.

8.              Links to Other Web Sites.  IPCPR may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and/or services.  These sites have not necessarily been reviewed by IPCPR and are maintained by third parties over which IPCPR exercises no control.  Accordingly, IPCPR expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

9.              No Legal Advice. IPCPR believes the information about state laws and regulations on this site is accurate. However, tobacco laws frequently change and interpreted by courts. This summary is not intended to be legal advice or a restatement of law. IPCPR does not guarantee or assume responsibility for the accuracy, completeness or timeliness of this information, or that this information complies with all federal laws or the laws of all 50 states. By accessing and using this site, You acknowledge and agree that IPCPR does not intend to, and is not providing legal advice to You or any third party, but rather that IPCPR is providing You with general information to better understand these issues. You agree You or any third-party on whose behalf you are accessing this Website will neither construe any of these materials as legal advice nor make this Website the primary basis for any legal decisions. You agree to release and waive any claims against IPCPR based on the information provided by this site. You must consult with your own legal advisors concerning any contemplated transaction or decision regarding these laws.

10.           Disclaimer.  THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  MOREOVER, IPCPR MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON.  IPCPR MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  IPCPR ALSO MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF LOSS, VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES.

11.           Limitation of Liability.  You expressly absolve and release IPCPR from any claim of harm resulting from a cause beyond IPCPR’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IPCPR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF IPCPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, TOTAL LIABILITY OF IPCPR FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO IPCPR IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.

12.           Governing Law.  This TOU has been made in and will be construed and enforced in accordance with the laws of the State of __________ as applied to agreements entered into and completely performed in the State of __________. You agree to the personal jurisdiction by and venue in the federal or state courts in the State of __________ and waive any objection to such jurisdiction or venue.  Any claim You might have against IPCPR must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  You access the Website on Your own volition and are responsible for compliance with all applicable laws with respect to Your access and use of the Website.  In any legal proceeding brought by IPCPR, IPCPR shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which IPCPR may be entitled.

13.           Enforcing Security on the Website.  Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.  IPCPR reserves the right to view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions.  IPCPR will also comply with all court orders or subpoenas involving requests for such information.  In addition to the foregoing, IPCPR reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website in order to protect the Website, IPCPR, or IPCPR’s business.

14.           Injunctive Relief.  You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of IPCPR proprietary assets, will cause irreparable injury to IPCPR, such injury would not be quantifiable in monetary damages, and IPCPR would not have an adequate remedy at law.  You therefore agree that IPCPR shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU.  Accordingly, You hereby waive any requirement that IPCPR post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to IPCPR to enforce any provision of this TOU.

15.           Term & Termination.  This TOU will take effect (or re-take effect) at the moment You begin downloading, accessing, or using the Website, whichever is earliest.  IPCPR reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny Your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice and may impact Your membership status with IPCPR.  You may also terminate this TOU at any time by ceasing to use the Website, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Website will reapply this TOU (then in effect) to You.  Upon termination, You must destroy all copies of any aspect of the Website in Your possession.  The provisions concerning IPCPR’s proprietary rights, disclaimer of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.

16.           Waiver & Severability.  Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance.  No waiver by IPCPR of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

17.           Entire Agreement.  No joint venture, partnership, employment, affiliate, or agency relationship exists between You and IPCPR as result of this TOU or Your utilization of the Website.  This TOU represents the entire agreement between You and IPCPR with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and IPCPR with respect to the Website.  You may not assign or transfer any rights under this Agreement without the prior written consent of IPCPR.  Please note that IPCPR reserves the right to change the terms and conditions of this TOU by posting a revised TOU online at [INSERT LINK] or mailing and/or e-mailing notice thereof to You.  In addition, IPCPR may add, modify, or delete any aspect, program, or feature of the Website, but IPCPR is not under any obligation to add any upgrade, enhancement, or modification.  Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU.  Accordingly, please review the TOU found at this location on a periodic basis.

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