Terms Of Service

Overview

Welcome to Lakeview Cigars LLC! The terms “we”, “us” and “our” refer to LakeviewCigars LLC. Lakeview Cigars LLC operates this store and website, including all relatedinformation, content, features, tools, products and services in order to provide you, thecustomer, with a curated shopping experience (the “Services”). Lakeview Cigars LLC ispowered by Wix, which enables us to provide the Services to you.The below terms and conditions, together with any policies referenced herein (these“Terms of Service” or “Terms”) describe your rights and responsibilities when you usethe Services.Please read these Terms of Service carefully, as they include important informationabout your legal rights and cover areas such as warranty disclaimers and limitations ofliability.By visiting, interacting with or using our Services, you agree to be bound by theseTerms of Service and our privacy policy also found on our website. If you do not agreeto these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age ofmajority in your state or province of residence, and you have given us your consent toallow any of your minor dependents to use the Services on devices you own, purchaseor manage.To use the Services, including accessing or browsing our online stores or purchasingany of the products or services we offer, you may be asked to provide certaininformation, such as your email address, billing, payment, and shipping information. Yourepresent and warrant that all the information you provide in our stores is correct,current and complete and that you have all rights necessary to provide this information.You are solely responsible for maintaining the security of your account credentials andfor all of your account activity. You may not transfer, sell, assign, or license your accountto any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products andservices in our online stores. However, please note that colors or product appearancemay differ from how they may appear on your screen due to the type of device you useto access the store and your device settings and configuration.We do not warrant that the appearance or quality of any products or services purchasedby you will meet your expectations or be the same as depicted or rendered in our onlinestores.All descriptions of products are subject to change at any time without notice at our solediscretion. We reserve the right to discontinue any product at any time and may limit thequantities of any products that we offer to any person, geographic region or jurisdiction,on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Lakeview Cigars LLCreserves the right to accept or decline your order for any reason at its discretion. Yourorder is not accepted until Lakeview Cigars LLC confirms acceptance. We must receiveand process your payment before your order is accepted. Please review your ordercarefully before submitting, as Lakeview Cigars LLC may be unable to accommodatecancellation requests after an order is accepted. In the event that we do not accept,make a change to, or cancel an order, we will attempt to notify you by contacting theemail, billing address, and/or phone number provided at the time the order was made.Your purchases are subject to return or exchange solely in accordance with our refundpolicy. You represent and warrant that your purchases are for your own personal or householduse and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The pricecharged for a product or service will be the price in effect at the time the order is placedand will be set out in your order confirmation email. Unless otherwise expressly stated,posted prices do not include taxes, shipping, handling, customs or import charges.Prices posted in our online stores may be different from prices offered in physical storesor in online or other stores operated by third parties. We may offer, from time to time,promotions on the Services that may affect pricing and that are governed by terms andconditions separate from these Terms. If there is a conflict between the terms for apromotion and these Terms, the promotion terms will govern.You agree to provide current, complete and accurate purchase, payment and accountinformation for all purchases made at our stores. You agree to promptly update youraccount and other information, including your email address, credit card numbers andexpiration dates, so that we can complete your transactions and contact you as needed.You represent and warrant that (i) the credit card information you provide is true,correct, and complete, (ii) you are duly authorized to use such credit card for thepurchase, (iii) charges incurred by you will be honored by your credit card company, and(iv) you will pay charges incurred by you at the posted prices, including shipping andhandling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates onlyand are not guaranteed. We are not responsible for delays caused by shipping carriers,customs processing, or events outside our control. Once we transfer products to thecarrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images,graphics, product reviews, video, and audio, and the design, selection, andarrangement thereof, are owned by Lakeview Cigars LLC, its affiliates or licensors andare protected by U.S. and foreign patent, copyright and other intellectual property laws.These Terms permit you to use the Services for your personal, non-commercial useonly. You must not reproduce, distribute, modify, create derivative works of, publiclydisplay, publicly perform, republish, download, store, or transmit any of the material onthe Services without our prior written consent. Except as expressly provided herein,nothing in these Terms grants or shall be construed as granting a license or other rightsto you under any patent, trademark, copyright, or other intellectual property of LakeviewCigars LLC, Shopify or any third party. Unauthorized use of the Services may be aviolation of federal and state intellectual property laws. All rights not expressly grantedherein are reserved by Lakeview Cigars LLC.Lakeview Cigars LLC’s names, logos, product and service names, designs, and slogansare trademarks of Lakeview Cigars LLC or its affiliates or licensors. You must not usesuch trademarks without the prior written permission of Lakeview Cigars LLC. Wix’sname, logo, product and service names, designs and slogans are trademarks of Wix. Allother names, logos, product and service names, designs, and slogans on the Servicesare the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part ofthe Services, which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools “as is” and “asavailable” without any warranties, representations or conditions of any kind and withoutany endorsement. We shall have no liability whatsoever arising from or relating to youruse of optional third-party tools.Any use by you of the optional tools offered through the site is entirely at your own riskand discretion and you should ensure that you are familiar with and approve of theterms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new features through the Services (including therelease of new tools and resources). Such new features shall also be deemed part ofthe Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated bythird parties (including any embedded third party functionality). We are not responsiblefor examining or evaluating the content or accuracy of any third-party materials orwebsites you choose to access. If you decide to leave the Services to access thesematerials or third party sites, you do so at your own risk.We are not liable for any harm or damages related to your access of any third-partywebsites, or your purchase or use of any products, services, resources, or content onany third-party websites. Please review carefully the third-party's policies and practicesand make sure you understand them before you engage in any transaction. Complaints,claims, concerns, or questions regarding third-party products and services should bedirected to the third-party.

SECTION 9 - RELATIONSHIP WITH Wix

Lakeview Cigars LLC is powered by Wix, which enables us to provide the Services toyou. However, any sales and purchases you make in our Store are made directly withLakeview Cigars LLC. By using the Services, you acknowledge and agree that Wix isnot responsible for any aspect of any sales between you and Lakeview Cigars LLC,including any injury, damage, or loss resulting from purchased products and services.You hereby expressly release Wix and its affiliates from all claims, damages, andliabilities arising from or related to your purchases and transactions with LakeviewCigars LLC.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policyand certain personal information may be subject to Wix’s Privacy Policy. By using theServices, you acknowledge that you have read these privacy policies.Because the Services are hosted by Wix, Wix collects and processes personalinformation about your access to and use of the Services in order to provide andimprove the Services for you. Information you submit to the Services will be transmittedto and shared with Shopify as well as third parties that may be located in other countriesthan where you reside, in order to provide services to you. Review our privacy policy formore details on how we, Wix, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions,feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), yougrant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce,modify, publish, distribute and display such Feedback in any medium for any purpose,including for commercial use. We may, for example, use our rights under this license tooperate, provide, evaluate, enhance, improve and promote the Services and to performour obligations and exercise our rights under the Terms of Service.You also represent and warrant that: (i) you own or have all necessary rights to allFeedback; (ii) you have disclosed any compensation or incentives received inconnection with your submission of Feedback; and (iii) your Feedback will comply withthese Terms. We are and shall be under no obligation (1) to maintain your Feedback inconfidence; (2) to pay compensation for your Feedback; or (3) to respond to yourFeedback.We may, but have no obligation to, monitor, edit or remove Feedback that we determinein our sole discretion to be unlawful, offensive, threatening, libelous, defamatory,pornographic, obscene or otherwise objectionable or violates any party’s intellectualproperty or these Terms of Service.You agree that your Feedback will not violate any right of any third-party, includingcopyright, trademark, privacy, personality or other personal or proprietary right. Youfurther agree that your Feedback will not contain libelous or otherwise unlawful, abusiveor obscene Feedback, or contain any computer virus or other malware that could in anyway affect the operation of the Services or any related website. You may not use a falseemail address, pretend to be someone other than yourself, or otherwise mislead us orthird-parties as to the origin of any Feedback. You are solely responsible for anyFeedback you make and its accuracy. We take no responsibility and assume no liabilityfor any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographicalerrors, inaccuracies or omissions that may relate to product descriptions, pricing,promotions, offers, product shipping charges, transit times and availability. We reservethe right to correct any errors, inaccuracies or omissions, and to change or updateinformation or cancel orders if any information is inaccurate at any time without priornotice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access oruse the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) toviolate any international, federal, provincial or state regulations, rules, laws, or localordinances; (c) to infringe upon or violate our intellectual property rights or theintellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander,disparage, intimidate, or harm any of our employees or any other person; (e) to transmitfalse or misleading information; (f) to send, knowingly receive, upload, download, use,or re-use any material that does not comply with the these Terms; (g) to transmit, orprocure the sending of, any advertising or promotional material, including any “junkmail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate orattempt to impersonate any other person or entity; or (i) to engage in any other conductthat restricts or inhibits anyone's use or enjoyment of the Services, or which, asdetermined by us, may harm Lakeview Cigars LLC, Wix or users of the Services, orexpose them to liability.In addition, you agree not to: (a) upload or transmit viruses or any other type ofmalicious code that will or may be used in any way that will affect the functionality oroperation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit anyportion of the Services; (c) collect or track the personal information of others; (d) spam,phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent thesecurity features of the Services or any related website, other websites, or the Internet.We reserve the right to suspend, disable, or terminate your account at any time, withoutnotice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) inour sole discretion at any time without notice, and you will remain liable for all amountsdue up to and including the date of termination.The following sections will continue to apply following any termination: IntellectualProperty, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability,Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law,Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely forgeneral information purposes. We do not warrant the accuracy, completeness, orusefulness of this information. Any reliance you place on such information is strictly atyour own risk. We disclaim all liability and responsibility arising from any reliance placedon such materials by you or any other visitor to the Services, or by anyone who may beinformed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY Lakeview Cigars LLC, THE SERVICES ANDALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS'AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION,WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY,TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT ORWARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOTALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVEDISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITYTO

THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LakeviewCigars LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OFWix AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANYDIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIALDAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS,LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, ORANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDINGNEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USEOF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THESERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OFTHE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANYERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANYKIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANYCONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Lakeview Cigars LLC, Wix, and ouraffiliates, partners, officers, directors, employees, agents, contractors, licensors, andservice providers from any losses, damages, liabilities or claims, including reasonableattorneys’ fees, payable to any third party due to or arising out of (1) your breach ofthese Terms of Service or the documents they incorporate by reference, (2) yourviolation of any law or the rights of a third party, or (3) your access to and use of theServices.We will notify you of any indemnifiable claim, provided that a failure to promptly notifywill not relieve you of your obligations unless you are materially prejudiced. We maycontrol the defense and settlement of such claim at your expense, including choice ofcounsel, but will not settle any claim requiring non-monetary obligations from youwithout your consent (not to be unreasonably withheld). You will cooperate in thedefense of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful,void or unenforceable, such provision shall nonetheless be enforceable to the fullestextent permitted by applicable law, and the unenforceable portion shall be deemed to besevered from these Terms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Serviceshall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site orin respect to the Service constitutes the entire agreement and understanding betweenyou and us and governs your use of the Service, superseding any prior orcontemporaneous agreements, communications and proposals, whether oral or written,between you and us (including, but not limited to, any prior versions of the Terms ofService).Any ambiguities in the interpretation of these Terms of Service shall not be construedagainst the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights orobligations under these Terms without our prior written consent, and any such attemptwill be null and void. We may transfer, assign, or delegate these Terms and our rightsand obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide youServices shall be governed by and construed in accordance with the federal and stateor territorial courts in the jurisdiction where Lakeview Cigars LLC is headquartered. Youand Lakeview Cigars LLC consent to venue and personal jurisdiction in such courts.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limitor otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on thispage.We reserve the right, in our sole discretion, to update, change, or replace any part ofthese Terms of Service by posting updates and changes to our website. It is yourresponsibility to check our website periodically for changes. We will notify you of anymaterial changes to these Terms in accordance with applicable law, and such changeswill be effective on the date specified in the notice. Your continued use of or access tothe Services following the posting of any changes to these Terms of Service constitutesacceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us atbrianm@lakeviewcigars.com.Our contact information is posted below: brianm@lakeviewcigars.com103 Lakeview Ave Franklinville, NJ 08322(609)458-2844