Terms of service

PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This website is only for the use of individuals who are 19 years of age and over in Canada and 18 years or older in the United States. By proceeding to use this website, you represent that you are 19 years of age or older in Canada and 18 years or older in the United States.

The following terms and conditions govern your use of the websites owned by Bear Paw Tobacco, operating under the brand name of Cigar Port. This website (cigarport.ca) (hereinafter collectively referred to as the “Website”), is owned by Bear Paw Tobacco.

Bear Paw Tobacco reserves the right to change these Terms & Conditions of Use at any time without prior notice by posting changed Terms & Conditions of Use on the Website, and you are advised to review the Website regularly for any changes. These Terms & Conditions of Use were last updated on [insert date]. In any event, you agree that by accessing and using this Website you are bound by these terms & conditions as may be changed from time to time.

Copyright, Ownership and Use Of Intellectual Property
The materials (the “Materials”) contained on the Website including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of Bear Paw Tobacco and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of Bear Paw Tobacco.

Trade-Marks
Certain names, words, phrases, logos, marks, graphics and designs or other content that appear on the Website (including “Bear Paw Tobacco”, “Cigar Port” and related words and logos) are official marks, trade-marks or trade names of Bear Paw Tobacco in Canada. Bear Paw Tobacco is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on the Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any of the marks or names or any other intellectual property right of Bear Paw Tobacco. The names of other companies, products and services referred to on the Website may be trade-marks or trade names of their respective owners. Any use of the trade-marks or trade names of Bear Paw Tobacco or of third parties without the prior written consent of the applicable party is strictly prohibited.

Compliance with Laws
In addition to complying with these Terms & Conditions, you agree to use the Website and Materials for lawful purposes only and in a manner consistent with the Six Nations of the Grand River Council, local, provincial, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of the Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms & Conditions in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the Website illegal, are not authorized to use the Website.

Use and Restrictions
You are only permitted to use the Website for your own personal, non-commercial purpose. Materials may only be printed or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from the Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

• take any action that imposes or may impose (to be determined in the Bear Paw Tobacco’s sole discretion) an unreasonable or disproportionately large load on the Bear Paw Tobacco’s infrastructure;
• interfere or attempt to interfere with the proper working of the Website, or any activities conducted on or with the Website;
• bypass any measures Bear Paw Tobacco may use to prevent or restrict access to the Website.

User Names and Passwords
If any feature of the Website is accessible only by use of a login name and password, you are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Bear Paw Tobacco representative.

All login names and passwords remain the property of Bear Paw Tobacco, and may be cancelled or suspended at any time by Bear Paw Tobacco without any notice or liability to you or any other person. Bear Paw Tobacco is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify Bear Paw Tobacco of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Registration
If you choose to register with Bear Paw Tobacco for the online purchase of goods, you agree to: (i) provide true, current and complete information about yourself; and (ii) maintain and promptly update online information about yourself to keep it true, current and complete.

Accuracy of Information
While every effort is made to ensure the accuracy of the information on the Website, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.

Outbound Linking
Any link (including hyperlinks, buttons or referral devices of any kind) used on the Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on the Website does not constitute an endorsement, recommendation or certification by Bear Paw Tobacco, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Bear Paw Tobacco.

Indemnity
You agree to indemnify, defend and hold Bear Paw Tobacco harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively “Claims”) arising out of:

• your infringement of any Bear Paw Tobacco or third-party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of the Website;
• any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, the Website; (ii) use of the Website for any illegal purpose; or (iii) use of the Website to achieve any unauthorized or prohibited access to computer systems and data;
• your use of the Website; and
• your breach of any of these Terms & Conditions, the Privacy Policy or any rule, regulation, guideline or policy of Bear Paw as may be established and changed from time to time and posted on the Website.

Disclaimers
YOU UNDERSTAND AND AGREE THAT:

USE OF A CIGAR PORT WEBSITE IS AT YOUR SOLE RISK. THE CIGAR PORT WEBSITES ARE PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. BEAR PAW TOBACCO DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE CIGAR PORT WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BEAR PAW TOBACCO MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN CIGAR PORT WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN CIGAR PORT WEBSITE. BEAR PAW TOBACCO WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
THE DOWNLOADING OF MATERIALS FROM A CIGAR PORT WEBSITE IS DONE AT YOUR OWN RISK. BEAR PAW TOBACCO DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF A CIGAR PORT WEBSITE.

Limitations
IN NO EVENT SHALL BEAR PAW TOBACCO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN CIGAR PORT WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN CIGAR PORT WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN CIGAR PORT WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF BEAR PAW TOBACCO ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

Social Media Policy
Cigar Port may use social media channels to interact with our customers and provide educational resources to the public. Cigar Port is committed to protecting youth and our social media channels are intended for users who are 19 years or older in Canada and 18 years or older in the United States. Cigar Port asks that all social media users who choose to engage with us are respectful of all other users and interact in appropriate conversation related to the topic. For our full social media policy, click here <require policy>.

Privacy Policy Consent and Disclosure
Bear Paw Tobacco is committed to protecting the privacy and confidentiality of its customers’ personal information. Bear Paw Tobacco Privacy Policy explains how Bear Paw Tobacco will safeguard the confidentiality and privacy of the personal information you furnish to Bear Paw Tobacco.

Governing Law
These Terms & Conditions are governed by, and shall be construed in accordance with, the laws of the Six Nations of the Grand River.