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DEL MAR CIGAR CLUB
2683 Via de la Valle #G607, Del Mar, CA 92014
Phone: +1 (619) 804-3319


TERMS OF USE


 

DMC Terms of Use The network of Websites (collectively, the "DMC Websites") operated by Del Mar Cigar Club is comprised of various Websites and Web pages. The DMC Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DMC Websites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular DMC website included within the Del Mar Cigar Club Websites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the DMC Websites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Del Mar Cigar Club website, then these terms shall control.

DMC TERMS OF USE


PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

ACCEPTANCE OF TERMS


Welcome to the website (the "website") of Del Mar Cigar Club ("we", "us", or "DMC"). On this website, Del Mar Cigar Club makes available to you a wide range of information, services, documents, communications, files, text, graphics, publications, content, resources, and services.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for services, you agree to and are bound by the terms of use described in this document ("Terms of Use").

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER.

The Terms of Use are entered into by and between Del Mar Cigar Club and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. Del Mar Cigar Club reserves the right, at our sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

USE OF MATERIALS LIMITATIONS


All materials contained in the website are the copyrighted property of Del Mar Cigar Club. All trademarks, service marks, and trade names are proprietary to Del Mar Cigar Club.

Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from the website without the written permission from Del Mar Cigar Club.

USE OF DOCUMENTS AND PUBLICATIONS ON THE WEBSITE


Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, data sheets, press releases and so on), subject to your agreement that:

a) your use of the information is for informational, personal, and non-commercial purposes only,
b) you will not modify the documents, publications or graphics,
c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context,
d) you will display the below copyright notice and other proprietary notices on every copy you make, and
e) you agree that Del Mar Cigar Club may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from DMC.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by Del Mar Cigar Club.

Except as expressly provided otherwise, Del Mar Cigar Club and/or its respective suppliers make no representations about the suitability of the information contained in the documents and publications and related graphics published on the website for any purpose. Except as expressly provided otherwise, all such documents and related graphics are provided "as is" without warranty of any kind. Except as expressly provided otherwise, Del Mar Cigar Club and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Del Mar Cigar Club and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the website.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. DMC and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time without notice.

DISCLAIMERS AND OTHER NOTICES ON THE USE OF THE WEBSITE


Except as expressly provided otherwise, all information, documentation, materials, services and publication are provided "as-is" without warranty of any kind and Del Mar Cigar Club hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. In addition, except as expressly provide otherwise, Del Mar Cigar Club disclaims any warranties of non-infringement, title, or quiet enjoyment. In no event shall Del Mar Cigar Club and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this website, documents, materials, publications, provision of or failure to provide services, or information available from the website.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, materials, publications and documents. The website, materials, publications and documents may contain technical inaccuracies or typographical errors. DMC assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omission in the website, materials, publications and document and in any other reference.

Del Mar Cigar Club may make changes to the website, information, documents, publications, prices, technical specifications, service offerings and any other information and materials on the website at any time and without notice.

The website contains links to third-party sites which are not under the control of DMC and we are not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. Del Mar Cigar Club is not responsible for web casting or any other form of transmission received from any linked site. DMC is providing these links to you only as a convenience, and the inclusion of any link does not imply that Del Mar Cigar Club endorses or accepts any responsibility for the content on such third-party sites.

NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Del Mar Cigar Club server, or the network(s) connected to any Del Mar Cigar Club server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, computer systems or networks connected to any Del Mar Cigar Club server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

UNSOLICITED IDEA SUBMISSION POLICY


Del Mar Cigar Club or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, materials, marketing plans or new service names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when DMC's products or marketing strategies might seem similar to ideas submitted to DMC. So, please do not send your unsolicited ideas to us or anyone at DMC. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Del Mar Cigar Club makes no assurance that your ideas and materials will be treated as confidential or proprietary.

COPYRIGHT AND TRADEMARK INFORMATION


COPYRIGHT NOTICE: Copyright © 2009-2015 Del Mar Cigar Club, San Diego, CA , USA. All Rights Reserved.
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent.

ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Del Mar Cigar Club respects the intellectual property of others, and we ask our users and visitors to do the same. Del Mar Cigar Club will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Del Mar Cigar Club 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.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Del Mar Cigar Club the following information. Please be advised that to be effective, the Notification must include ALL of the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit Del Mar Cigar Club to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:
Del Mar Cigar Club
Attn: DMC Copyright Agent
2683 Via de la Valle #G607
Del Mar, CA 92014

By Email: copyright@dmc-cigar.com
(Please include "Notice of Infringement" in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DMC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

GENERAL INFORMATION


The Terms of Use constitute the entire agreement between you and Del Mar Cigar Club and govern your use of the website, superseding any prior agreements between you and DMC on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and DMC in effect as of the date of your use of the website and specifically regarding your use of the website ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other Del Mar Cigar Club services. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.

California law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

Del Mar Cigar Club controls and operates this website from San Diego, CA in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

You acknowledge and agree that material on this website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on this website, nor any direct product therein, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Libya, North Korea, Syria, and Sudan. This list is subject to change without further notice from Del Mar Cigar Club, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The failure of Del Mar Cigar Club to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

 
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Leadership Team and Board of Directors

DMC CEO Loran Kelley III
Loran Kelley III
CEO
DMC Vice President Dacia Alpuche
Dacia Alpuche
Vice President
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Erik Obenauer
Ambassador
DMC Administrator Donna Seals
Donna Seals
Administrator
DMC Board Member Barry Cohen
Barry Cohen
Board Member

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