Terms of Service

Acceptance of Terms

Welcome to Box & Band. These Terms of Service (“Terms”) constitute a legally binding agreement between you and xStudioWorks LLC, a wholly owned subsidiary of TGxVentures LLC (“Company,” “we,” “us,” or “our”). By accessing or using our website at boxandband.com and our cigar tracking application (collectively, the “Service”), you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

Eligibility

The Service is intended for adults of legal smoking age. By using the Service, you represent and warrant that you are at least 21 years of age and that you have the legal capacity to enter into these Terms. If you are accessing the Service from a jurisdiction where the legal age for tobacco purchase differs, you must meet the minimum age requirement of that jurisdiction or 21 years of age, whichever is greater.

Account Registration

Certain features of the Service require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

Subscriptions and Payment

Box & Band offers both free and premium subscription tiers. Free users may browse the cigar catalog and read reviews. Premium subscribers gain access to additional features including humidor tracking, the ability to write reviews, analytics, and other features as described on the Service. Subscription fees, billing cycles, and payment terms are displayed at the time of purchase and may vary depending on the platform through which you subscribe. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. We reserve the right to modify pricing with reasonable notice to existing subscribers.

User-Generated Content

The Service allows you to submit content including reviews, ratings, tasting notes, and cigar suggestions (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant xStudioWorks LLC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, display, and distribute your User Content in connection with operating and promoting the Service. You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate the rights of any third party.

Prohibited Conduct

You agree not to use the Service for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Service. Specifically, you shall not attempt to gain unauthorized access to any part of the Service or its related systems; use automated means (bots, scrapers, or similar tools) to access or collect data from the Service without our written consent; submit false, misleading, or fraudulent information; post content that is defamatory, obscene, hateful, or that promotes violence or illegal activity; impersonate any person or entity; interfere with or disrupt the integrity or performance of the Service; or circumvent any access controls or security features.

Intellectual Property

All content, features, and functionality of the Service — including but not limited to the design, text, graphics, logos, icons, software, and the curated cigar catalog data — are the exclusive property of xStudioWorks LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of the Service without our prior written consent. Cigar brand names, logos, and related trademarks referenced within the catalog are the property of their respective owners and are used for informational purposes only.

Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the data practices described in that policy.

No Reliance

The Service provides cigar catalog data, ratings, specifications, and user-submitted content for informational and entertainment purposes only. You acknowledge that you use the Service at your own risk and that you do not rely on the Service for purchasing, financial, health, or other decisions. We make no representations regarding the accuracy, completeness, or reliability of any catalog data, ratings, or user-generated content displayed through the Service.

Termination

We reserve the right to suspend, disable, or terminate your access to the Service at any time, with or without cause and with or without notice, at our sole discretion and without liability. This includes, but is not limited to, violations of these Terms. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by contacting us. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and the arbitration clause — shall survive.

Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Sheridan County, Wyoming. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY. YOU ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of a representative or class proceeding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. CIGAR SPECIFICATIONS, RATINGS, DESCRIPTIONS, AND OTHER CATALOG DATA ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND MAY CONTAIN INACCURACIES. WE MAKE NO REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF SUCH DATA.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, XSTUDIOWORKS LLC, ITS PARENT COMPANY TGXVENTURES LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend, and hold harmless xStudioWorks LLC, TGxVentures LLC, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of a third party.

Force Majeure

We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, power outages, or third-party service provider failures.

Modification and Discontinuation

We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, at any time and without liability. We may add, change, or remove features and functionality with or without notice. If we discontinue the Service entirely, we will make reasonable efforts to notify active subscribers in advance.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Subject to the arbitration clause above, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to the personal jurisdiction of such courts.

Changes to These Terms

We may revise these Terms from time to time at our sole discretion. When we make material changes, we will update the “Last Updated” date at the top of this page. Material changes will be communicated through the Service or via email where appropriate. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of those changes.

Entire Agreement and Severability

These Terms, together with the Privacy Policy, constitute the entire agreement between you and xStudioWorks LLC regarding the Service and supersede all prior agreements, communications, and understandings, whether written or oral. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Contact Us

If you have any questions about these Terms, please contact us at:

xStudioWorks LLC
Email: legal@boxandband.com