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The Site, as well as the websites of our affiliates and
subsidiaries, are currently being provided free-of-charge to you. The terms \"you\",
\"your\", and \"yours\" refer to the customer/purchaser utilizing our Site(s). The
terms \"okto.com\", \"we\", \"us\", and \"our\" refer to okto.com, Inc., and
its affiliates, and subsidiaries. We reserve the right to change the nature of
this relationship at any time and to revise these Terms and Conditions from time
to time as we see fit. If you violate the terms of this Agreement you will have
your access canceled and you may be permanently banned from using the Site and
any interactive services. You should check these terms and conditions periodically.
By using the Site after we post changes to these Terms and Conditions, you agree
to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these
Terms and Conditions. If you do not agree to abide by these terms, please do not
enter the Site.
We do not discriminate on the basis of age, race, national
origin, gender, sexual orientation or religion.
Please review our Privacy and Security Statement,
which also governs your visit to the Site, to understand our practices.
You acknowledge that the Site contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and protected in all forms,
media and technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and we own a copyright in
the selection, coordination, arrangement, and enhancement of such Content. You
may not modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions are displayed,
you may make copies of select portions of the Content, provided that the copies
are made only for your personal use and that you maintain any notices contained
in the Content, such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or as permitted by
the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section
107), you may not upload, post, reproduce, or distribute in any way content protected
by copyright, orother proprietary right, without obtaining permission of the owner
of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the Site or any information
displayed on the Site, through the use of framing or otherwise, except: (a) as
expressly permitted by these Terms and Conditions; or (b) with our prior written
permission or the prior written permission from such third party that may own
the trademark or copyright of information displayed on the Site.
okto.com relies upon a network of independent Associates
and vendors who supply some of the goods advertised on the site and, in some cases,
drop ship them directly to our customers. okto.com is not liable for any
infringement of copyrights, trademarks, trade dress or other proprietary or intellectual
property rights arising out of Content posted on or transmitted through the Site,
or items advertised on the Site, by its Associates. If you believe that your rights
under United States or international copyright laws are being violated by any
Content posted on or transmitted through the Site, or items advertised on the
Site, please contact us promptly so that we may investigate the situation and,
if appropriate, block or remove the offending Content and/or advertisements. It
is our policy to disable access to infringing materials, and to terminate access
of repeat infringers to the Site. In order for us to investigate your claim of
infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that
you believe has been infringed;
- A description of where the material that you claim is infringing is located
or identified on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright or intellectual property owner, its agent,
or the law; and
- A statement by you, made under penalty of perjury, that the information submitted
to us is accurate and that you are the owner of the copyright or intellectual
property or authorized to act on behalf of the owner of the copyright or intellectual
property.
The above information should be provided to okto.com's agent for notice
of claims of copyright or other intellectual property infringement, who can be
reached as follows:
By e-mail:
support@okto.com
okto.com and other marks indicated on the Site are registered
trademarks or registered service marks of okto.com, in the United States
and other countries. Our graphics, logos, page headers, button icons, scripts,
and service names are trademarks or trade dress of okto.com. okto.com's
trademarks and trade dress may not be used in connection with any product or service
that is not okto.com's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits okto.com. All other
trademarks not owned by us that appear on the Site are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
okto.com.
You may not download (other than page caching) or modify the Site or any portion
of it, without our expressed written consent. This includes: a prohibition on
any resale or commercial use of the Site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of the Site
or its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data gathering
and extraction tools. The Site or any portion of the Site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without our expressed written consent. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of okto.com or its affiliates without
our expressed written consent. You may not use any meta tags or any other "hidden
text" utilizing our name or trademarks without our expressed written consent.
If you use the Site, you are responsible for maintaining the confidentiality of
My Account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under My Account
or password. We and our affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their regulations
Risk of loss
All items purchased from us are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our delivery to
the carrier.
We are not responsible for the content of any sites that may be linked to or from
www.okto.com or any bulletin board associated with
okto.com. These links are provided for your convenience only and you access
them at your own risk. Any other website accessed from the Site are independent
from okto.com, and okto.com has no control over the content of that
other website. In addition, a link to any other web site does not imply that
okto.com
endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third
party product or service be construed as an approval or endorsement by okto.com
of that third party or of any product or service provided by a third party.
The Site is provided on an "AS IS," "as available"
basis. Neither okto.com, nor its affiliates, subsidiaries, or designees,
nor each of their respective officers, directors, employees, agents, third-party
content providers, designers, contractors, distributors, merchants, sponsors,
licensors or the like (collectively, "Associates") warrant that use of the Site
will be uninterrupted or error-free. Neither okto.com, nor its Associates
warrant the accuracy, integrity, or completeness of the Content provided on the
Site or the products or services offered for sale on the Site. Further, we make
no representation that Content provided on the Site is applicable or appropriate
for use in locations outside of the United States. okto.com specifically
disclaims warranties of any kind, either expressed or implied, including but not
limited to warranties of title or implied warranties of merchantability or fitness
for a particular purpose. No oral advice or written information given by
okto.com
or its Associates shall create a warranty. You expressly agree that the use of
the Site is at your sole risk.
Under no circumstances shall okto.com or its Associates be liable for
any direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use the Site, including but not limited to reliance
by a user on any information obtained at the Site, or that result from mistakes,
omissions, interruptions, deletion of files or e-mail, errors, defects, viruses,
delays in operation or transmission, or any failure of performance, whether or
not resulting from acts of God, communications failure, theft, destruction or
unauthorized access to okto.com records, programs or services. The foregoing
limitation of liability shall apply whether in an action of contract, negligence,
or other tortious action, even if an authorized representative of okto.com
has been advised of or should have knowledge of the possibility of such damages.
You hereby acknowledge that this paragraph shall apply to all content, merchandise
and services available through the Site. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages,
in such states liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are subject to change without
notice. Errors will be corrected when discovered, and we reserve the right to
revoke any stated offer and to correct any errors, inaccuracies, or omissions
(including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product
and third-party services that are posted on the Site, please refer to the manufacturer
or Associates for details.
You agree to use okto.com only for lawful purposes. You are prohibited
from posting on or transmitting through okto.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law. If we are notified of allegedly
infringing, defamatory, damaging, illegal, or offensive Content provided by you
(e.g., through an author chat or online review), okto.com may investigate
the allegation and determine in its sole discretion whether to remove or request
the removal of such Content from the Site. We may disclose any Content or electronic
communication of any kind (i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate okto.com;
or (iii) to protect the rights or property of okto.com, its Associates, and
you.
We reserve the right to prohibit conduct, communication, or Content that it
deems in its sole discretion to be unlawful or harmful to you, okto.com,
the communities that make up okto.com, or any rights of okto.com or
any third party. Notwithstanding the foregoing, neither okto.com nor its
Associates can ensure prompt removal of questionable Content after online posting.
Accordingly, neither okto.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Associates assumes any liability for any
action or inaction with respect to conduct, communication, or Content on
okto.com.
We may terminate your access or suspend your right to access to all or
part of the Site, without notice, for any conduct that we, in our sole discretion,
believe is in violation of any applicable law or is harmful to the interests of
another user, Associates, or okto.com. In addition, we reserve the right
to refuse an order from any customer at our sole discretion.
We cannot prohibit minors from visiting the Site. We must rely on parents, guardians
and those responsible for supervising children under 18 to decide which materials
are appropriate for such children to view and/or purchase.
We require that all purchases be made either (i) by individuals 18 years
of age or older, or (ii) give verifiable permission for such minors to
purchase items on the Site and for the collection by us of certain information
in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE
A PRODUCT AT okto.com, YOU ARE REPRESENTING TO okto.com THAT
YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, AND FOR THE COLLECTION
BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY
POLICY.
okto.com will not sell tobacco or tobacco related products to anyone
under the age of legal age to purchase and use tobacco products according
to both Federal law and the laws of your home state. okto.com cannot
be held responsible for minors purchasing tobacco or tobacco related products
with a guardian credit card. By placing your order for a cigar you are
confirming that you are of legal age to purchase and use tobacco products
according to both Federal law and the laws of your home state. <
By visiting the Site, you agree that the laws of the State of Utah, without
regard to principles of conflict of laws, will govern these Terms and Conditions
and any dispute of any sort that might arise between you and okto.com or
its affiliates and subsidiaries.
Any dispute relating in any way to your visit to the Site or to products
you purchase through the Site shall be submitted to confidential arbitration in
Salt Lake City, Utah, except that, to the extent you have in any manner violated
or threatened to violate okto.com's intellectual property rights, okto.com
may seek injunctive or other appropriate relief in any state or federal court
in the State of Utah, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
Please review our other policies, such as our Privacy and Security Policy,
posted on the Site. These policies also govern your visit to okto.com. We
reserve the right to make changes to the Site, policies, and these Terms and Conditions
at any time. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
okto.com
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