PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
AGE:
Spring Street Cigars (Higgins Cigars LLC) only ships tobacco products to those who are of legal minimum age. At the time of this posting, that age is 21. In order to remain compliant with FDA guidelines, we utilize an age verification system (AgeChecker.Net) which stores your provided personal information for that purpose. This process often takes place without alerting the customer during the transaction, unless the verification is unsuccessful and additional information is required. If we are unable to verify your age, we reserve the right to ship your product “Adult Signature Required.” If you have any further concerns, we recommend you reference AgeChecker.Net’s privacy policy.
TAXES:
Sales tax will be only be collected when necessary. This means that whenever a costumer purchases a product from Spring Street Cigars and is not charged sales tax, then it is there responsibility to report the tax to the relevant parties.
Currently we are only required to collect sales and tobacco tax for costumers purchasing/ shipping within states where Spring Street Cigars (Higgins Cigars LLC) has a physical presence (Mississippi). If you see additional taxes placed on your order you were not expecting, this is most likely why.
COPYRIGHT:
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 Spring Street Cigars. The collective work includes works that are licensed to Spring Street Cigars. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Spring Street Cigars or purchasing Spring Street Cigars 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 Spring Street Cigars or to purchase Spring Street Cigars 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 specifically authorized by Spring Street Cigars. 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 Spring Street Cigars used in the site are trademarks or registered trademarks of Higgins Cigars, LLC.
LIMITATION OF LIABILITY:
Spring Street Cigars shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Spring Street Cigars has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS:
In the event that a Spring Street Cigars product is mistakenly listed at an incorrect price, we do reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We comply with our vendors Minimum Advertised Pricing requirements. As such, we reserve the right to refuse or cancel any such orders whether or not 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, Spring Street Cigars 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 Spring Street Cigars 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:
Spring Street Cigars may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Spring Street Cigars.
MISCELLANEOUS:
Your use of this site shall be governed in all respects by the laws of the state of Mississippi. 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 Spring Street Cigars products) shall be in the state or federal courts located in Lee County, Mississippi. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Spring Street Cigars products) must be commenced within one (1) year after the claim or cause of action arises. Spring Street Cigars 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. Spring Street Cigars 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 (by anyone other than us), including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Spring Street Cigars 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:
Spring Street Cigars (Higgins Cigars, LLC) does not, and cannot, review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Spring Street Cigars 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, Spring Street Cigars 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 right of another or (d) offensive or otherwise unacceptable to Spring Street Cigars in its sole discretion.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless Spring Street Cigars (Higgins Cigars, LLC), its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS:
In an attempt to provide increased value to our visitors, Spring Street Cigars may link to sites operated by third parties. However, even if the third party is affiliated with Spring Street Cigars, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Spring Street Cigars. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Spring Street Cigars seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
