Terms & Conditions
Terms of Use Agreement
Welcome to the Fairway Cigar Lounge Website (the "Site"). This Site is intended to provide you with information about cigars, sponsored events and other activities, products and/or services we may offer from time to time. It also allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to "we" or "us" or "Fairway Cigar Lounge" herein refer to Fairway Cigar Lounge, our affiliated and related companies, service providers, suppliers, advertisers, and designees (and all of their successors, officers, partners, employees, agents, and representatives) as deemed appropriate by us. Site refers to all websites and webpages within the Site and any backup, equivalent, or substitute websites or webpages associated with the Site.
Compliance with Terms
By accessing this Site, you are agreeing to these Terms of Use, our Privacy Policy, any additional terms that govern certain products, services or offerings, which will be presented in conjunction with such products, services and offerings (.Additional Terms.) as well as other legal notices, terms and policies on this Site (together referred to as "Terms"), all of which are expressly incorporated herein by this reference. In the event of any conflict between the Terms of Use and any Additional Terms, the Additional Terms shall govern.
You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means you have registered with us for the Site, if registration is available on the Site). The term "User" means a "Visitor" or a "Member". Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you will be required to indicate your acceptance of these Terms during the registration process.
Amendment
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. We will notify you of material changes to any Terms. Notices of material changes may be posted on the Site, emailed to you, displayed upon login and/or given by any other reasonable means that we decide. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its Content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and 2 Guys with respect to your use of the Site.
Eligibility
You agree to use the Site only in accordance with the Terms, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means you have registered with us for the Site, if registration is available on the Site). The term "User" means a "Visitor" or a "Member". Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Member you will be required to indicate your acceptance of these Terms during the registration process.
Use of the Site and its features and registration to be a Member ("Membership") is void where prohibited. By using the Site and its features, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site and its features does not violate any applicable law, rule or regulation. The terms .use. or .using. mean any act or attempt by you to directly or indirectly access, visit, view, interact with, receive, transmit, display or exchange data, print or copy from, communicate with or otherwise utilize any features or other elements of the Site for any purposes whatsoever.
Term
The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Site features or are a Member. You may terminate your Membership at any time, for any reason. We may terminate your Membership or limit your Site access at any time, for any or no reason, with or without prior notice or explanation, and without liability of any kind to you or any other person or entity. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them (including without limitation, any representations, warranties, indemnifications and limitations of liability) except that your right to use the Site as a Member will terminate.
Passwords
If registration is available on the Site, then when you register to become a Member, you may be asked to choose a user name and password. You may also be asked for other information when you register to become a Member or when you post any Content to the Site. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site or for any other reason. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality. Please also make sure you promptly notify us if any of your registration information changes, in case we need to contact you. We are in no way responsible for any loss or damages that you may incur or any product purchases that are made as a result of any unauthorized use of your user name or password. However, you may be liable for the losses of Fairway Cigar Lounge or others due to such unauthorized use.
Your Use of the Site
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to use the Site in any manner not expressly authorized by the Terms. You agree not to copy, translate, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
User Content
Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to use the Site in any manner not expressly authorized by the Terms. You agree not to copy, translate, modify or make derivative works of any portion of the Site.
Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
Prohibited Content
You may not upload to the Site any Content that is not exclusively owned by you, lacks the legal right or permission for use or upload, violates someone's rights of publicity or privacy, or equivalent name and likeness rights, is obscene or lewd, inconsistent with the reputation and image of Fairway Cigar Lounge, defamatory or discriminatory, contains trademarks or other intellectual property owned by others without proper authorization, is not truthful, violates any law or regulation, is not otherwise in good taste, contains bugs, viruses, Trojan horses, or any other potentially damaging code or programs, contains any code or programs that copy, collect, or alter any information, code, or Content on the Site, or otherwise violates these Terms of Use.
Proprietary Rights
Fairway Cigar Lounge does not claim any ownership rights in the Content that you post on the Site (if applicable). After posting your Content to the Site, you continue to retain any rights you may have in your Content, subject to the license granted to Fairway Cigar Lounge herein.
By displaying or publishing Content on the Site, or otherwise submitting Content to us (collectively, "posting"), you hereby grant to Fairway Cigar Lounge an unlimited, royalty-free, non-exclusive right and license (but not obligation) to edit and/or use your Content, in whole or in part, for any purposes whatsoever, throughout the universe, in any languages and in any media formats or media channels now existing or developed in the future, without accounting, notification or other obligation or liability to you whatsoever. All rights and licenses granted by you under these Terms are perpetual and irrevocable.
Without limiting the foregoing, the rights granted to Fairway Cigar Lounge by you include, without limitation, the following rights with respect to all or any portions of your Content: to host, cache, store or maintain your Content on the Site or as otherwise determined by us; to copy or otherwise reproduce your Content; to reformat, repurpose, modify, delete from, add to, distort, translate, or create derivative works of your Content; to mix, combine, merge or incorporate all or any portions of your Content into works of authorship by us or by others or to otherwise alter the Content; and to use, exhibit publicly perform, publicly display, publish, broadcast, transmit, distribute, advertise, market, promote and otherwise exploit your Content or derivatives thereof in any manner and for any purpose whatsoever, whether on, through or in connection with the Site or other media channels whether in connection with the advertising, marketing publicity and/or promotion of the Site (including, for example, through screen shots), Fairway Cigar Lounge, our products, services or events or whether for any other purpose we desire. The rights granted to Fairway Cigar Lounge by you also include the royalty-free right, license, and permission to use your name and conversation (including quotes, paraphrases, sounds and any performance of musical compositions), likeness, personal identification, personality and personal experiences, trade names, service or trademarks, logos, brands and/or other distinctive identification and/or proprietary indicia contained in or otherwise associated with your Content in order to exploit any and all of the rights granted to Fairway Cigar Lounge by you under the Terms. You will not be entitled to and you will not receive any compensation, credit or other consideration for your Content or any use made of your Content once submitted to us. You acknowledge that our acceptance of your Content, whether or not used by us, constitutes sufficient and adequate consideration for all of the rights granted to us by you.
You acknowledge that Content posted by you to the Site or otherwise submitted or disclosed to us may embody materials, suggestions, concepts or ideas that are substantially similar or identical to those which have been developed by Fairway Cigar Lounge or which have been (or may in the future be) submitted to us by others ("Like Properties"). You further acknowledge and agree that you will not be entitled to receive compensation of any kind with respect to the use or exploitation of any such Like Properties and any similarities between Content submitted or disclosed to us by you and any Like Properties are purely coincidental and unavoidable.
Fairway Cigar Lounge shall have the right to freely assign, transfer, convey, license, sublicense, delegate and/or otherwise dispose of all or any portion of the rights, licenses, privileges and/or obligations of Fairway Cigar Lounge under the Terms to any person or entity without accounting, notification or other obligation or liability to you whatsoever.
From time to time, we may remove Content from the Site, permanently or temporarily, provided that even if we do remove such Content from the Site, we shall have no obligation to cease our other uses of the Content as permitted above.
You represent and warrant that: you own the Content posted by you on or through the Site or otherwise have and will continue to have the rights necessary to grant all of the rights, licenses, consents, permissions, and approvals set forth in the Terms and to otherwise perform your obligations under the Terms;
The posting of your Content on or through the Site does not contain any defamatory, tortuous, or otherwise unlawful information, violate the privacy rights, publicity rights, contract rights, intellectual property rights, moral rights, or any other rights of any person or entity or contain any material the publication or sale of which might violate any applicable laws, rules, or regulations;
The Content posted by you will comply in all respects with the Terms.
You shall be solely and fully responsible for and shall timely pay any and all royalties, fees, and any other amounts owing to any person or entity by reason of any Content posted by you or your use of the Site;
All of the information posted by you in connection with your Content is correct, complete, and current; and The submission of your Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, it being understood by you that Fairway Cigar Lounge is not a signatory to any such collective bargaining agreement.
Upon the request of Fairway Cigar Lounge, you will provide Fairway Cigar Lounge any documentation or other substantiation that Fairway Cigar Lounge deems reasonably necessary to verify your compliance with the above representations and warranties or any or all of the Terms. You acknowledge that Fairway Cigar Lounge does not guarantee any confidentiality with respect to any information provided by you, and that none of the Content you submit to us will be treated as confidential or subject to any restrictions of any kind.
The Site may contain Content provided by Fairway Cigar Lounge, including, without limitation, text, images, and logos. Fairway Cigar Lounge's content is protected by copyright, trademark, and other laws, and Fairway Cigar Lounge owns and retains all rights and the features and functionality of the Site. Fairway Cigar Lounge hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the content (excluding any software code) solely for your personal use in connection with viewing the Site. The Site may contain Content of Users and other licensors. Except as expressly provided within the terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
Content Posted
You acknowledge and agree that Fairway Cigar Lounge shall have no obligation to accept, host, post, display, use, or otherwise do anything with respect to any Content posted by you, and Fairway Cigar Lounge, in its sole and absolute discretion, may reject, refuse to post, or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of Fairway Cigar Lounge violates these Terms, our Privacy Policy, and/or our Acceptable Use Policy. We assume no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time Fairway Cigar Lounge chooses, in its sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for your use of the Site, the Content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users.
Protection of Intellectual Property Rights
Fairway Cigar Lounge respects the intellectual property of others and requires that our Users do the same. You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of anyone we suspect to be an infringer.
If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please notify us as set forth in our Copyright Infringement Notice Procedure.
Disclaimers
THE FAIRWAY CIGAR LOUNGE SITE AND ALL INFORMATION, MATERIALS, CONTENT, PRODUCTS, SERVICES, FEATURES, AND FUNCTIONS OFFERED BY, THROUGH, OR IN CONNECTION WITH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. FAIRWAY CIGAR LOUNGE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE OR ANY ELEMENTS THEREOF.
Without limiting the foregoing, Fairway Cigar Lounge is not responsible for and makes no warranties, express or implied, as to any Site Content, features, or functions, including, without limitation, with respect to the accuracy, completeness, authenticity, validity, reliability, timeliness, adequacy, quality, performance, usefulness, or security of the Fairway Cigar Lounge foregoing, whether caused by us, by users, by any of the equipment or programming associated with or utilized by the Site, or otherwise. The User Content does not necessarily reflect the opinions or policies of Fairway Cigar Lounge. Profiles and third-party applications created and posted by Members on the Site may contain links to other websites. Fairway Cigar Lounge is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not necessarily investigated, monitored, or checked for accuracy, completeness, or otherwise by Fairway Cigar Lounge. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Fairway Cigar Lounge. When you access these third-party sites, you do so at your own risk. Fairway Cigar Lounge takes no responsibility for third-party advertisements or third-party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Fairway Cigar Lounge is not responsible for the conduct, whether online or offline, of any User of the Site, including, without limitation, any Content posted by any User. Fairway Cigar Lounge assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any User or Member communication. Fairway Cigar Lounge is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Fairway Cigar Lounge be responsible for any loss or damage, including personal injury or death, resulting from the use of the Site, attendance at a Fairway Cigar Lounge hosted, branded, or sponsored event, from any User Content posted on or through the Site, or from the conduct of any Users, whether online or offline. Additionally, Fairway Cigar Lounge shall have no liability for any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by a third party or anything else beyond our control. We are not responsible for any damage to your computer, software, modem, telephone, or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site.
The Site and its user Content submission features are controlled and offered by Fairway Cigar Lounge from its facilities in the United States. Fairway Cigar Lounge disclaims any representations or warranties that the Site, Site features, or Content are available for use in or appropriate for other jurisdictions. Those who access the Site from other jurisdictions do so at their own volition and are responsible for complying with laws or regulations that may apply to them in their applicable jurisdiction. Fairway Cigar Lounge makes no representations or warranties that the Site, the Content, or Fairway Cigar Lounge's use of Content in accordance with the Terms will comply with the laws or regulations of jurisdictions other than the United States.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
Limitations of Our Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACTUAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, COSTS, FEES, OR EXPENSES OF ANY KIND IN CONNECTION WITH OR ARISING FROM THE SITE, YOUR USE OF THE SITE (OR ANY ELEMENTS THEREOF), OR THESE TERMS, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER LEGAL THEORIES. LIABILITY FOR DAMAGES SHALL BE LIMITED AND EXCLUDED AS AFORESAID EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THE TERMS FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
YOU ACKNOWLEDGE THAT 2 GUYS IS NOT LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF DAMAGE OR HARM FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
Your use of the Fairway Cigar Lounge Site is solely at your own risk. You agree to indemnify, defend, and hold harmless Fairway Cigar Lounge from any claims, damages, losses, liabilities, costs, or expenses (including, without limitation, attorneys' fees) ("Claims"), due to or arising out of: (1) your use of the Site in violation of the Terms; (2) any actual or alleged breach by you of the Terms and/or your representations and warranties set forth in the Terms; and/or (3) any use or non-use of the Content that you post (including, without limitation, Claims for defamation, false light, invasion of privacy, right of publicity, infringement of intellectual property or other rights of any person or entity, violation of moral rights or similar rights, emotional distress, or economic loss).
Fairway Cigar Lounge reserves the right to assume, at its sole expense, the exclusive defense and control of any such Claim and all negotiations for settlement or compromise, and you agree to fully cooperate with Fairway Cigar Lounge in the defense of any such Claim as requested by Fairway Cigar Lounge.
Miscellaneous
The Terms will be construed, and their performance enforced, under the laws of Florida without reference to choice of law principles. Any dispute relating to the Terms or the Fairway Cigar Lounge Site may be litigated only in a court having jurisdiction and venue in Brevard County for state court causes of action and in the Middle District of Florida for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Fairway Cigar Lounge Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Fairway Cigar Lounge regarding the use of the Site and its services and features. The failure of Fairway Cigar Lounge to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void, or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
