TERMS OF USE

Thank you for visiting the website for Xcaliber International Ltd., L.L.C. (“Xcaliber”), and its products. By using our website (“Site”), you hereby acknowledge that you agree to the following terms of use (“Terms of Use”). If you do not agree with any one or more of the Terms of Use as they are outlined below, please exit this website now.

Applicable Law

By entering and using this Site, you agree that the Site will only be construed according to United States law. When viewing the Site outside of the United States, you are responsible for complying with the applicable laws of your location.

You may not use this Site if you are not old enough to purchase tobacco products in your jurisdiction. This is why we require that you enter your birth date before viewing any pages on this Site. By entering this site, you have promised to us that you are at least 21 years of age and reside in the United States. You cannot allow a minor to access this site by entering your birth date.

You may only use this Site for legal purposes. You are solely responsible for the legal use of this Site. You agree not to upload or cause to be uploaded any harmful content to this Site.

Intellectual Property

All of Xcaliber’s products are registered trademarks and as such are solely the property of Xcaliber. You do not have permission to use these trademarks for any purpose without express written permission from Xcaliber.

The material on this website is copyrighted and owned by Xcaliber. This means that you may not copy or use the material on this Site in any way without Xcaliber’s express written permission.
If you believe that your intellectual property rights have been violated by the content on this Site in any way, please contact us immediately at Xcaliber International Ltd., L.L.C., One Tobacco Road, Pryor, OK 74361.

Changes to Terms of Use

Xcaliber reserves the right to revise these Terms of Use at any time and for any reason. It is your responsibility to periodically visit this page and review the Terms of Use. The date of the last modification to these Terms of Use can be found at the end of this page.

DISCLAIMER

Please note Xcaliber makes no guarantees, warranties, or representations as to the accuracy of any of the information on this Site. The opinions, recommendations, views, and other statements on this Site should not be relied upon as facts. ALL CONTENT CONTAINED IN THIS SITE IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XCALIBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO (A) THE PERFORMANCE, FUNCTIONALITY, RELIABILITY, CONTINUOUS AVAILABILITY, SECURITY, OR OPERATION OF THE SITE, (B) THE ACCURACY, CURRENCY, COMPLETENESS, VALIDITY, OR RELIABILITY OF THE INFORMATION OR OTHER CONTENT ON THE SITE, OR (C) THE ABSENCE OF VIRUSES OR OTHER HARMFUL CODE ON THE SITE.

Limitations of Liability

YOUR USE OF THIS SITE OR ANY OF THE CONTENT AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL XCALIBER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, OR OTHER DAMAGES ARISING FROM YOUR USE (OR INABILITY TO USE) THIS SITE OR THE CONTENT CONTAINED THEREIN (WHETHER BY CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF XCALIBER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note some jurisdictions may not allow the exclusion of certain damages. As such, some of the above exclusions may not apply to you.

Assumption of Risk; Waiver

YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM THE USE OF THE SITE OR THE CONTENT CONTAINED THEREIN. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE XCALIBER AND ITS RESPECTIVE OWNERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR OTHER OBLIGATIONS RESULTING FROM YOUR USE OF THE SITE.

Indemnification

You agree to indemnify and hold harmless Xcaliber and its respective owners, employees, and agents, from any third party claims, damages, or other liability resulting from your violations of the Terms of Use or your negligence or intentional misconduct in connection with accessing or using the Site.

Severability

If any part of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, the remaining parts shall remain effective to the fullest extent permitted by applicable law.
Governing Law

The Terms of Use are governed by the laws of the State of Oklahoma, without regard to the choice of law or forum laws of Oklahoma. Any dispute between you and Xcaliber, including those arising out of and related to your use of this Site or the Terms of Use, shall be exclusively litigated in the courts of Mayes County, Oklahoma.

Last Modified: October 21, 2011