User Agreement

1. Introduction

This User Agreement (the “Agreement”), all policies and additional terms posted on and in our site, applications, tools, and services (collectively “Services”) detail the terms by which StogieHub offers our platform for your use. You agree to comply with all terms of this User Agreement when accessing or using our Services.

As a user of the StogieHub platform, you are entering into a contract with StogieHub, 8200 Greensboro Drive, Suite 900, McLean, VA 22102, referred to as StogieHub, us or we.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.


2. About StogieHub

StogieHub is a consumer-to-consumer e-commerce marketplace that allows users to offer, sell, and buy cigar accessories. StogieHub is not a party to contracts for sale between sellers and buyers. We may help facilitate the resolution of disputes between buyers and sellers. Unless otherwise expressly provided, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will complete a transaction.

3. Using the StogieHub Platform

In connection with using or accessing our Services, you agree to comply with this Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

  • Breach or circumvent any laws, regulations, third-party rights or our systems, Services, or policies;
  • Use our platform or Services if you are not able to form legally binding contracts (for instance, if you are under the age of 18 years old), or are temporarily or indefinitely suspended from using our Services;
  • Fail to pay for items you purchased;
  • Fail to deliver items you sold;
  • Price manipulate any item or interfere with any other user’s listings;
  • Take any action that may undermine the feedback or ratings systems;
  • Share your log in credentials;
  • Create listings or provide us with content in inappropriate categories;
  • Provide us with content that is false, inaccurate, misleading, deceptive, libelous, illegal, harmful, or violates and/or infringes the rights of others;
  • Distribute or post spam, unsolicited or bulk electronic communications;
  • Distribute viruses or any other technologies that may harm StogieHub or the interests or property of StogieHub platform users;
  • Use any automated means to access our Services for any purpose;
  • Circumvent any technical measures used to provide our Services;
  • Interfere with the functioning of our Services;
  • Infringe the copyright, trademark, patent, publicity, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to StogieHub;
  • Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • Commercialize any StogieHub application or any information, data, or software associated with such application; or
  • Harvest or otherwise collect or use information about users without their consent;

If we believe you are violating this Agreement or any of our policies, or abusing StogieHub and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to our Services and remove hosted content and take technical and legal steps to prevent you from using our Services.

If we believe you are violating our policies prohibiting offers to buy or sell outside of StogieHub, you may be subject to several actions, including limiting your buying and selling privileges, restrictions on listings, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If we believe you are violating our policy on buying or selling outside of StogieHub, you may be charged additional fees.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion and without prior notice.

4. Policy Enforcement

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion and without prior notice.

5. Fees and Taxes

StogieHub charges sellers for the use of our Services. We may change our standard selling fee of ten percent (10%) from time to time by posting the changes on the StogieHub site seven (7) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for fees arising out of all sales made using our Services, even if sales terms are finalized or payment is made outside of our platform. If you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of StogieHub, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of our platform and Services for the introduction to a buyer.

Every seller must have a payment method on file when using our Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or StogieHub may collect amounts owed. StogieHub, or the collection agencies we contract with, may also report information about your account to credit bureaus.

6. Listing Conditions

When listing an item for sale on our Services, you agree that:

  • You assume full responsibility for the item offered and the accuracy and content of the listing;
  • The content you provide complies with all of our policies;
  • Content that violates our policies may be modified or removed at our discretion;
  • Metatags and URL links that are included in a listing may be removed or altered;
  • You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental;
  • We may publish and promote your listings, including username, product reviews and feedback;


7. Purchase Conditions
When buying an item using our Services, you agree that:

  • You are responsible for reading the full item listing before buying, or committing to buy;
  • You enter into a legally binding contract to purchase an item when you buy the item, or commit to buy the item;
  • We do not transfer legal ownership of items from the seller to you;


8. Content

When you provide content using our Services, you grant us a non-exclusive perpetual, irrevocable, royalty-free right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against StogieHub.

You represent and warrant that, for all such content you provide, you own or control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. We take no responsibility and assumes no liability for any content provided by you or any third party.


9. Authorization to Contact You

Stogie Hub may contact you via telephone calls and text messages, at any telephone number that you have provided us, to: (i) discuss your account; (ii) troubleshoot problems with your account; (iii) dispute resolution; (iv) debt collection; (v) poll your opinions; or (vi) as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you.

Our automated systems scan and analyze the contents of every message sent through our messaging platforms, including messages between users, to: (i) detect and prevent fraudulent activity or Agreement violations, and (ii) improve our Services. This may result in a manual review of messages sent through our messaging tools.


10. Privacy

If We provide you with information about another user, you agree that you will use the information only for the purposes that the information is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services.


11. Returns and Cancellations For Buyers

Buyers do not have the right to cancel an order once submitted. In certain instances where the buyer receives the purchased item in a condition inconsistent with the product listing, the buyer is asked to contact StogieHub customer support for assistance.

12. Payment Services

Acceptable payments for goods sold on the StogieHub platform are facilitated as part of our Services. In order to receive payment for an item sold using our platform, you must accept and comply with our policies and this Agreement. If you are a buyer:

  • You must pay for items using the payment methods that StogieHub has made available on the platform;
  • In order to facilitate transactions, we may save payment information entered by you on our Services. When you make a transaction, such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your banking and card information or enter new banking or card information, at which point the new banking or card information shall be stored as your default payment method. You will only provide information about payment methods that you are authorized to use.
  • You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you or other actions taken by such third parties, and you agree that StogieHub has no control over, or responsibility or liability for, such fees or actions.


13. Disclaimer of Warranties and Limitation of Liability

StogieHub works to keep our Services secure and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. You agree that you are using our Services at your own risk, and that they are being provided to you on an “as is” and “as available” basis. To the extent permitted by applicable law, StogieHub excludes all express or implied warranties, terms and conditions, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STOGIEHUB (INCLUDING OUR PARENT AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EǪUITY FOR ANY CONSEǪUENTIAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEǪUENTIAL DAMAGES), AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED BY THIS USER AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR WE WERE ADVISED OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE (INCLUDING OUR PARENT AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEǪUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:

  • The content you provide (directly or indirectly) using our Services;
  • Your use of or inability to use our Services;
  • Delays or disruptions in our Services;
  • Viruses or other malicious software obtained by accessing or using our Services;
  • Glitches, bugs, errors, or inaccuracies in our Services;
  • Damage to your hardware device from the use of our Services;

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages. As such, such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greatest of (a) any amounts due up to the price the item sold on our platform plus shipping costs, (b) the amount of transaction fees in dispute, not to exceed the total fees you paid for the item in question.


14. Release

If you have a dispute with one or more users, you release us, our employees and our officers (and our affiliates, their employees and their officers) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. Indemnity

You will indemnify and hold us (including our affiliates, as well as our and their respective officers, directors and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this this Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

16. Legal Disputes

In this Legal Disputes section, the term “related third parties” includes your and StogieHub’s respective affiliates, parent companies, predecessors, successors, assigns, as well as your, StogieHub’s, and these entities’ respective employees and directors.

You and StogieHub each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and StogieHub (or any related third parties) that relate in any way to or arise out of this or previous versions of this Agreement, your use of or access to the Services, the actions of StogieHub or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and StogieHub, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and StogieHub each agree that any and all disputes or claims that have arisen, or may arise, between you and StogieHub (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of StogieHub or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, subject to any exemptions listed in this section.

The Federal Arbitration Act (“FAA”) and, to the extent not inconsistent with the FAA, the law of the Commonwealth of Virginia without regard to principles of conflict of laws govern the interpretation and enforcement of this Agreement to Arbitrate.

  1. Exemption – Small Claims Court Claims

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that falls within the jurisdiction of a small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed in small claims court. Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by that court, not by an arbitrator. In the event of any such jurisdictional dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND STOGIEHUB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND STOGIEHUB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF SOUGHT BY THAT PARTY’S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT BE GRANTED TO OR AFFECT OTHER USERS.

If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and StogieHub’s right to appeal the court’s decision. All other claims will be arbitrated.

  1. Arbitration Procedures

An arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except for issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 2 of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide as set forth under Section 18.C below.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent mutual written agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA’s rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach agreement, the court (pursuant to Section 18.C below) shall select the administrator.

A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”). The Notice to StogieHub must be sent to StogieHub, Attn: Legal Department, Re: Notice of Dispute, 8200 Greensboro Drive, Suite 900, McLean, VA 22102. We will send any Notice to you to the physical address we have on file associated with your StogieHub account; it is your responsibility to keep your physical address up to date.

If you and StogieHub are unable to resolve the claims described in a valid Notice within thirty (30) days after StogieHub receives that Notice, you or StogieHub may initiate arbitration or small claims proceedings. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to StogieHub at the following address: StogieHub, Attn: Legal Department, 8200 Greensboro Drive, Suite 900, McLean, VA 22102. In the event StogieHub initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your StogieHub account.

If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.

  1. Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.

  1. Severability

With the exception of any of the provisions in Section 2 of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  1. Opt-Out Procedure

IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO STOGIEHUB, ATTN: LEGAL DEPARTMENT, 8200 GREENSBORO DRIVE, SUITE G00, MCLEAN, VA 22102.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against StogieHub prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and StogieHub. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on our platform at least thirty (30) days prior to the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

If the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and StogieHub will be resolved exclusively by a state or federal court located in Loudoun County, Virginia. You and StogieHub agree to submit exclusively to the personal jurisdiction of the courts located within Loudoun County, Virginia for the purpose of litigating all such claims, disputes, or matters.

17. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on our website. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you with thirty (30) days’ notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a StogieHub representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting StogieHub’s ability to refuse, modify, or terminate all or part of our Services, StogieHub may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the StogieHub platform.

The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and StogieHub, and supersede all prior understandings and agreements of the parties.

The following sections survive any termination of this User Agreement: Fees and Taxes; Content; Disclaimer of Warranties and Limitation of Liability; Release; Indemnity; Legal Disputes; and General.