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Updated May 6, 2020
These Terms of Service (which, together with the Business Terms below, constitute the “Terms”) are effective immediately for all users accessing or using the Service or registering Accounts.
This website is operated by DwizzyWid Media, LLC. Throughout the site, the terms “we,” “us,” and “our” refer to DwizzyWid Media LLC. DwizzyWid Media, LLC offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site, using the Service, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting a notice on the Service, and/or by other methods prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
EARNINGS AND INCOME DISCLAIMER:
DwizzyWid Media, LLC (sometimes referred to as DWM or CigarScore.com) can not and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. What we can guarantee is your satisfaction with our products (excluding Coaching, Mastermind, and Consulting services/programs). We give you a 30-day 100% satisfaction guarantee on the products we sell, so if you are not happy for any reason with the quality of our training, just ask for your money back. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions, and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions, or results, at any time, under any circumstance.
Hours of Operation
- DwizzyWid Media, LLC (“DwizzyWid Media, DWM, Ellory Wells, CigarScore”) corporate office is open Monday – Friday 9 a.m. – 5 p.m. CST
- We close for all government observed holidays
- These policies and procedures apply to all DwizzyWid Media products sold on this site or any other site owned by DwizzyWid Media that includes a link to this page.
Billing address must be the same as the shipping address. Due to credit card procedures, we cannot ship to a different address than we bill to.
Returns & Subscription Cancellations
- 100% money-back guarantee covers the price of the product only. 100% money-back guarantee does not cover shipping and handling fees due to the fact that the customer made the decision to try the product, therefore the customer accepts to pay the fee to ship the product.
- All refunds are subject to a 3% fee for credit card processing.
- Once a return request is received or a valid refund request is submitted, the refund process will take no more than 30 days. All refunds (less any fees) will be either returned to the original credit card -OR- mailed in check form to the billing name and address. International orders will be refunded back to the original credit card and PayPal orders will be credited back to the PayPal account. All refunds are subject to a 3% fee for credit card and/or payment processing.
- You have THIRTY (30) Days from the date of the original purchase to return the product to receive your refund. Any return received after the THIRTY (30) DAY time limit will not be processed.
- All live events are non-refundable.
- Proration of Services: Regarding upgrading listings and advertising agreements, if you choose to stop your service with us, you can request a prorated refund of the current full amount less any discounts, coupons, or promotions you received. Our prices increase all the time, however, your prorated refund will be based on your current service dollar amount, not our current, higher pricing. However, your proration will not be based on any discounted or promotional offers applied to your order. Prorations are based on monthly billing, therefore if you use part of a month, you use the entire month, and you will be charged for it; but your service will continue for the month you're billed.
Advertising and Paid Listing Disclaimer
- Accuracy of Tracking and Reporting: We make no claims, warranties, or guarantees of the accuracy of our reporting. We always strive to do our best and to try and provide the most accurate information, but we cannot and do not and will not promise that our information is without error or is 100% accurate.
- Results Not Guaranteed: We make no claims, warranties, or guarantees of the results, traffic, or a number of clicks received or calls to your business from advertising or upgrading your listing on this website. Advertising your business and/or upgrading your business listing is done at your own risk.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Credits for coaching calls expire 12 months after purchase. All coaching calls must be used within 12 months, or they expire. No refunds, exchanges, credits or other monetary exchange will be provided for purchased calls that go unused. It is the client's responsibility to schedule all calls.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9.1 – USER REVIEWS AND BUSINESS LISTING POLICY
CigarScore publishes business information so that consumers can share their experiences about local businesses, and because the information is typically a matter of public record and public concern. Therefore we don’t remove such information or listings from the site.
While we understand that some business owners might prefer to keep a low profile, or would prefer that negative reviews did not exist, it’s important (and a legal right) for consumers to be able to find and share information they believe to be helpful about great local businesses. We understand that some businesses might want to remove their listing for a variety of reasons. However, it is our mission to be a comprehensive source of safe places to enjoy cigars for our users. We only remove listings if a business no longer sells or offers cigars or permits smoking cigars in, on, around or attached to their business. If your business closes or goes out of business, we will update your listing to reflect that change.
Consumer speech is protected under the law, even when it's negative. CigarScore is not responsible for the opinions of your customers or our users. While an owner might not like a negative review, it is better to do nothing than to draw more negative attention to a consumer's feedback they're legally allowed to share.
Regarding reviews on business listings, we do not, as a policy, remove any comments or reviews left by our users. However, if a comment or review is proven to be unsubstantiated spam, those comments will be removed so as to maintain the purpose of the forum, which is to provide a place where users can leave open and honest feedback about a public company or business.
Reviews are classified as freedom of speech and are protected both online and offline. As a result, online reviewers are acting under their legal rights to express their opinions (ranging from “I love this place” to “The manager was rude to me”) and relate their true experiences (“I thought the cigars were overpriced” and “The manager was unknowledgeable and unhelpful”). CigarScore, DwizzyWid Media, LLC, and/or any of its members or officers are not responsible for verifying the truthfulness or accuracy of any comment or review left on our website(s), and any comments made are by and of the opinion of the user, not CigarScore and/or DwizzyWid Media, LLC.
For businesses that want to thank a reviewer or comment on a review to share their side of the story, listing owners are can claim their listings which, among other things, allows owners and managers to publicly respond to reviews. In our experience, reviewers usually like to hear from well-intentioned businesses who are legitimately interested in listening to customer concerns. Additionally, a few negative reviews often lend credibility to positive reviews and make the business more authentic.
If you choose to leave a review on a business listing, whether that review is a positive or negative one, please be sure your comments are factual and truthful.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
We do not guarantee success, specific or general results, revenue generation, or any other monetary gain from any of our products or services, including but not limited to 1×1 coaching, coaching programs, group coaching, consulting, mastermind programs, training programs, or live events. Success from Coaching, Mastermind, and Consulting programs is not guaranteed.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall DwizzyWid Media LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13.1 – COPYRIGHT
DwizzyWid Media, LLC (“DwizzyWid Media”) respects the intellectual property rights of others and expects its users to do the same. It is DwizzyWid Media's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, DwizzyWid Media will respond expeditiously to claims of copyright infringement committed using the DwizzyWid Media website (the “Site”) that are reported to DwizzyWid Media's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to DwizzyWid Media's Designated Copyright Agent. Upon receipt of the Notice as described below, DwizzyWid Media will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. If DwizzyWid Media removes or disables access to content in response to a Notice, we may notify the user with details about the Notice so that they can submit a counter-notice. DwizzyWid Media may also send a complete copy of the Notice to users where appropriate.
THIS BLOG or any site owned and operated by DwizzyWid Media, LLC, claims no credit for any images posted on this site unless otherwise noted. Images on this blog are copyright to its respectful owners. If there is an image appearing on this blog that belongs to you and you do not wish for it to appear on this site, please send an e-mail to the address at the bottom of this page with a link to said image and it will be promptly removed.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless DwizzyWid Media LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of PO Box 442, Midlothian, Texas 76065.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.