TERMS & CONDITIONS | Cigar Educated

TERMS AND CONDITIONS

Please read these terms and conditions prior to using this site.

By using this site, you agree to the following terms and conditions:

OWNERSHIP AND RESTRICTIONS ON USE:
This site is owned and operated by ("CIGAR EDUCATED"). All materials contained in this site are the copyrighted property. No material from CIGAR EDUCATED.COM or any Web site owned, operated, licensed, or controlled by CIGAR EDUCATED collectively or any one of which is referred to as "the CIGAR EDUCATED Sites" may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of CIGAR EDUCATED copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or computer network environment is expressly prohibited. CIGAR EDUCATED owns all right, title and interest in and to all trademarks, service marks, and trade names included in the Web Site. The Legal Notice section of this page provides additional information about CIGAR EDUCATED copyright, trademark and other intellectual property rights.

To the extent the Web Site provides interactive capabilities that allow you to submit information or data on the Web Site, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the CIGAR EDUCATED Sites any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Any personal information you provide to us while registering on CIGAR EDUCATED.COM, or when using CIGAR EDUCATED.COM will be used by CIGAR EDUCATED in accordance with CIGAR EDUCATED'S Privacy Notice. Non-personal information you send or communicate to us, such as questions, comments or inquiries, will be not considered personal information and therefore will not be subject to our Privacy Notice. Accordingly, CIGAR EDUCATED may use any such non-personal information you supply to us, which may include, but is not limited to, any inventions, ideas, concepts or know-how, without restriction or liability.

REGISTRATION, PASSWORD AND SECURITY
When you register with CIGAR EDUCATED.COM, you will create a login name and a password in completing the registration process and will provide us with certain information. It is your responsibility to provide us with true and accurate information during the registration process.CIGAR EDUCATED will accept your information as it is provided to us. We will not verify the truth, accuracy or completeness of your information and we expressly disclaim any liability in connection therewith. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. It is also your sole obligation to immediately notify CIGAR EDUCATED of any unauthorized use of your account or any other breach of security.

MODIFICATION OF TERMS

CIGAR EDUCATED reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. Your continued use of the CIGAR EDUCATED Sites subsequent to the revisions of these terms (including the CIGAR EDUCATED.COM Privacy Notice and Terms and Conditions applicable to CIGAR EDUCATED'S Internet Booking Application) means you accept those changes.

TERMINATION

These terms are effective until terminated by CIGAR EDUCATED, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from the CIGAR EDUCATED Sites and all copies thereof, whether made under the terms of these terms or otherwise.

LINKS CIGAR EDUCATED, at its discretion, may provide links to other web sites or resources or allow third party web sites to link to CIGAR EDUCATED.COM. Because CIGAR EDUCATED has no control over such web sites or resources, you expressly understand and agree that CIGAR EDUCATED is not responsible in any way or form for the contents, products, advertising, materials, services or resources contained on any other web sites and CIGAR EDUCATED does not endorse or sponsor any third party web sites. CIGAR EDUCATED is not responsible or liable, whether directly or indirectly, for any damage, loss or claims by or in connection with your use or reliance on any content, products, advertising, materials, services or resources available on or through such web sites.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CIGAR EDUCATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CIGAR EDUCATED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CIGAR EDUCATED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CIGAR EDUCATED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CIGAR EDUCATED ADDITIONALLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF FARES AND PRICES (COLLECTIVELY, “FARES”) ADVERTISED ON THE CIGAREDUCATED SITES AND SHALL NOT BE RESPONSIBLE FOR OR OBLIGATED TO HONOR ERRONEOUS OR INACCURATE FARES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CIGAR EDUCATED BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF CIGAR EDUCATED OR A CIGAR EDUCATED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CIGAR EDUCATED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

JURISDICTION

This site is controlled and operated by CIGAR EDUCATED from its offices within the State of Florida, United States of America. CIGAR EDUCATED makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Miami-Dade County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

CANCELLATION AND REFUND POLICY

CIGAR EDUCATED TOURS may be cancelled by CIGAR EDUCATED or the Tour Operator due to inclement weather conditions, or any other reason whatsoever. In which case, and as your sole recourse, full refunds will be made to guests who have purchased cancelled TOURS.

TOURS may be canceled or modified depending on the number of guests participating. Some excursions require a minimum number of guests to operate. If this minimum is not met, excursions may be cancelled by the Tour Operator and full refunds will be issued.

For online cancellations that occur outside the cut-off window, 3 days prior to sailing, a full refund will automatically be posted to the credit card that was used to pay for the shore excursion order. Please allow 5-7 business days for the credit to post to your account. No changes can be made within the cut-off window. If you need to make changes after the cut-off date, you must wait until FLIGHT and see the TOUR Manager. In the event of a booking cancellation within the cut-off window, a full refund will automatically be posted to the credit card used to pay for the order.

If the designated contact person on a TOUR order must cancel from their TOUR booking and the remaining guests who are FLYING would like to retain the TOUR order, a new contact person needs to be assigned. If a designated contact person cancels and does not reassign the responsibility, the associated TOUR orders will automatically cancel and be refunded.

Once onboard, cancellations are subject to a 75% cancellation charge. All TOUR orders are non-refundable. A refund, less any applicable cancellation charges, will be applied to the designated contact person’s sail and sign account. CIGAR EDUCATED will only offer TOUR credit for TOUR order refunds, but note any credit not utilized by the end of your TOUR will be refunded via check to the order’s designated contact person on the morning of debarkation.

Guests are encouraged to purchase CIGAR EDUCATED Vacation Protection Plan to cover any eligible non-refundable TOUR cancellation charges.

RESPONSIBILITY

CIGAR EDUCATED is not responsible for any losses, damage, death, injuries, or claims whatsoever arising from, connected with, or related to any activities engaged in by guests while off CIGAR EDUCATED TOURS. This includes all TOURS, whether booked online, or sold by third parties ashore. Guests engage in all such activities off the ship at their own risk.

CIGAR EDUCATED acts only as an agent for the independent tour operators supplying excursions or services. Independent contractors operate all TOURS, including any related transportation. CIGAR EDUCATED neither supervises nor controls their actions, nor makes any representation either expressed or implied as to their suitability. CIGAR EDUCATED sells tickets for all excursions as a convenience to guests only. Tour operators, transportation providers, and their employees are neither agents nor employees of CIGAR EDUCATED, notwithstanding their use of any signage or clothing which may contain the name “CIGAR EDUCATEDl” or other related trade names or logos. It is understood and agreed that CIGAR EDUCATED assumes no responsibility for, nor guarantees performance of, and in no event shall be liable for, any loss, damage, injury, or death in connection with said excursions or transportation. Please review your ticket for further information regarding your rights and obligations as well as those of CIGAR EDUCATED.

EXCURSIONS/TOURS & ACTIVITIES NOT SOLD BY CIGAR EDUCATED

CIGAR EDUCATED recommends that guests do not engage in excursions, tours or activities that are not sold through CIGAR EDUCATED as CIGAR EDUCATED has no familiarity whatsoever with these services or their operations.

RESTRICTIONS

Please note that there are certain restrictions based on age, health, weight and/or height, which have been imposed by the individual excursion operators for your own safety. CIGAR EDUCATED urges you to abide by them.

Tour operators have the right to require any individual to withdraw from an TOUR at any time if they deem that individual’s conduct detrimental to or incompatible with the interests, comfort, well-being or harmony of the group as a whole. Tour operators reserve the right to alter or adjust excursions to meet local conditions for participant safety and convenience. Neither CIGAR EDUCATED nor local tour operators will extend financial reimbursement to compensate for a guest’s disappointment in the event that circumstances beyond the reasonable control of CIGAR EDUCATED or the tour operator make it impossible to provide services as intended.

PRICING

Prices for TOURS are quoted per person, in U.S. dollars and are subject to change without notice. Prices also vary by departure date and time and are capacity controlled. Some restrictions may apply. Most prices include transportation and when noted, meals, refreshments, guides and entrance fees.

PERSONAL POSSESSIONS

Neither CIGAR EDUCATED, nor the Tour Operators will be responsible for personal possessions. Do not leave your possessions unattended at any time, either in the vehicles in which you are traveling or otherwise. Remember coats, umbrellas, cameras, handbags, wallets, traveling bags, binoculars, and similar items remain, at all times throughout the TOUR, under the guest’s custody and control.

TRANSPORTATION
Guests should consider that standards of transportation vary considerably throughout the world. Air-conditioned motorcoaches are not available in many areas. In some destinations, local buses are the best available.

Please note that motorcoaches and other forms of transportation may require guests to climb 2 to 3 steps. Most, but not all motorcoaches can accommodate collapsible wheelchairs. Staff is not obligated to lift guests into or out of vehicles.

REQUIRED DOCUMENTATION & IDENTIFICATION

Please note that travel documentation requirements vary by destination and change often. It is the responsibility of the guest to provide valid travel and medical history documents required for air travel, debarkation at various ports of call and re-entry into the appropriate country of origin.

OTHER

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by all parties.

The CIGAR EDUCATED brand is one of the most widely recognized in the CIGAR industry, and the trademarks developed by CIGAR EDUCATED (“CIGAR EDUCATED”) identify the CIGAR EDUCATED products and differentiate CIGAR EDUCATED'S services from those of its competitors.

CIGAR EDUCATED considers its compilation of links to Internet resources, the description of those resources and the information contained within CIGAR EDUCATED'S websites, including but not limited to, the site design, text, graphics, photographs, interfaces, and selection and arrangement of same, to be copyright-protected materials. You are not authorized to copy, reproduce or modify any portion of CIGAR EDUCATED'S websites without prior written authorization.

The name of CIGAR EDUCATED and its trademarks, service marks, trade names, patents, copyright-protected materials and imagery may not be used without prior, specific, written permission from CIGAR EDUCATED, except by those travel agents who advertise, market and book CIGAR EDUCATED TOURS in conformity with CIGAR EDUCATED'S published Travel Agency Guidelines located at CIGAR EDUCATED.com. For all other purposes, whether commercial or personal, the transmission, use, copying or modification of the Images, in whole or in part, in any form or by any means, whether electronic, mechanical, by photocopy or recording, is strictly prohibited without the prior written consent or licensure of CIGAR EDUCATED. Unauthorized use of the Imagery and the information contained herein may constitute a violation of applicable intellectual property, criminal, civil or privacy laws. In no event may a CIGAR EDUCATED trademark be combined with or appear as a trademark or logo next to any other business name, word(s) or logo(s) without express written authorization from CIGAR EDUCATED.

CIGAR EDUCATED reserves the right to bring any civil action in Miami, Florida, arising from the improper or unauthorized use of this website or any part thereof, including without limitation for infringement of its trademarks and other intellectual property.

CIGAR EDUCATED makes no warranty, express or implied, with respect to the use of the links provided; does not guarantee the accuracy, completeness, usefulness or adequacy of any resources, information, apparatus, product or process accessed via this website; and is not responsible for any errors or omissions in the resources or information accessed via this Home Page or for the results obtained from the use of such resources or information.

If you have reason to believe that any person, company or business has violated CIGAR EDUCATED'S trademark rights or infringed CIGAR EDUCATED'S copyright-protected materials, please notify the Legal Department at CIGAR EDUCATED'S Miami, Florida offices by e-mail CIGAREDUCATED@GMAIL.com.

DMCA & COPYRIGHT INFRINGEMENT

CIGAR EDUCATED will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

Attn: Legal Department at cigareducated.com.
You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notices complying with the DMCA, CIGAR EDUCATED will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Please note that CIGAR EDUCATED may request additional information before removing any infringing material. If a dispute develops as to the correct owner of the rights in question, CIGAR EDUCATED reserves the right to remove the content along with that of the alleged infringer pending resolution of the matter.