Effective Date: 7 March 2026

These Terms of Use (“Terms”) govern your access to and use of the Fathom and Fury Cigars website, online store, and related services (collectively, the “Site” or “Services”). By accessing, browsing, or using the Site, creating an account, or placing an order, you agree to be bound by these Terms, our Privacy Policy, Tobacco Sales Policy, Shipping Policy, Return & Refund Policy, and all other policies referenced on our Site, which are incorporated by reference.

If you do not agree to these Terms, you must not access or use the Site.

1. Eligibility and Age Requirements

1.1 Legal Age Only
The Site and our products are intended only for adults of legal smoking age, which is 21 years or older in the United States. By accessing the Site or placing an order, you represent and warrant that:

• You are at least 21 years of age.
• You are legally permitted to purchase tobacco products in your jurisdiction.

1.2 Minors and Prohibited Use
You may not use the Site, create an account, or purchase products if you are under 21. Any use of the Site or attempt to purchase by a minor is strictly prohibited and is a material breach of these Terms.

1.3 Misrepresentation and Voidness of Contract
If you misrepresent your age, identity, or location in order to purchase tobacco products, including by bypassing or falsifying age verification:

• Any order and any purported contract with us is void at our option.
• We may cancel the order, refuse delivery, and/or refuse all future service.
• You agree that any such violation constitutes fraud and a breach of these Terms, and you may be responsible for any resulting costs, losses, or legal consequences.

2. Account Registration and Security

2.1 Account Creation
To access certain features (such as order history or faster checkout), you may create an account. You agree to provide accurate, current, and complete information and to update it as needed so it remains accurate.​

2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password.
• Notify us promptly of any unauthorized access or suspected breach of security.
  We are not liable for any loss or damage arising from your failure to protect your account information.​

3. Orders, Acceptance, and Right to Refuse Service

3.1 Order Process
When you place an order, you are making an offer to purchase products under these Terms. We may accept or reject your order at our sole discretion. Order confirmation emails acknowledge receipt but do not guarantee acceptance.

3.2 Right to Refuse Service
We reserve the right to refuse service or any order to any person, at any time, for any lawful reason, including but not limited to:

• Inability to verify age or identity.
• Suspected fraud or misuse.
• Violations of these Terms or our policies.
• Shipping to restricted locations (e.g., Utah, Hawaii, or other prohibited jurisdictions).

3.3 Order Limits and Cancellations
We may limit or cancel quantities purchased per person, per household, or per order. If we make a change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided.​

3.4 Void Orders for Minors and Violations
If we determine that an order was placed in violation of our Tobacco Sales Policy, age requirements, or applicable law (including orders placed by or on behalf of minors):

• We may treat the order as void, cancel it, and refuse delivery or fulfillment.
• We may retain or refund payments in accordance with applicable law and our internal policies.
• We may report suspected unlawful activity to payment processors or law enforcement where appropriate.

4. Pricing, Availability, and Product Information

4.1 Pricing and Errors
All prices are listed in U.S. dollars unless stated otherwise. We reserve the right to change prices at any time without notice. If a product is listed at an incorrect price due to typographical error, system error, or error in pricing information, we may cancel or refuse any orders placed for that product, whether or not the order has been confirmed or your card charged.

4.2 Product Descriptions
We attempt to describe and display products as accurately as possible; however, we do not warrant that descriptions, images, or other content on the Site are accurate, complete, current, or error‑free. Taste notes, strength ratings, and similar descriptions are subjective and provided for general guidance only.​

4.3 Availability
All products and promotions are subject to availability and may be limited in quantity. We reserve the right to discontinue any product at any time.​

5. Payment, Billing, and Taxes

5.1 Payment Methods
We accept payment methods as indicated at checkout (e.g., credit/debit cards processed by Square). By providing payment information, you represent that you are authorized to use the chosen payment method.​

5.2 Billing Accuracy
You agree to provide current, complete, and accurate billing information. We only ship to the billing address associated with your payment method in order to reduce fraud and ensure compliance with age and location requirements.​

5.3 Taxes
Prices may exclude applicable sales, excise, or other taxes, which will be added where required by law. You are responsible for any additional use or other taxes that may apply in your jurisdiction.

6. Shipping, Risk of Loss, and Returns

6.1 Shipping
Shipping, risk of loss, and delivery terms are governed by our Shipping Policy, which is incorporated into these Terms. Once a package is handed to the carrier, risk of loss generally transfers to you, subject to any insurance we may provide as described in our Shipping Policy.​

6.2 Returns and Refunds
Returns and refunds are governed by our Return & Refund Policy, which is incorporated into these Terms. Among other things, this policy explains that all cigar sales are final and that custom/print‑on‑demand products generally cannot be returned.​

7. Age Verification and Compliance

7.1 Age Verification
We use age‑verification methods and services to confirm that purchasers are 21 or older. By ordering, you agree to cooperate with our verification procedures and to provide accurate information.

7.2 Additional Verification
If we have questions about your age or the legality of shipping to your location, we may contact you by email to request proof of age and confirmation of your location. If you do not provide satisfactory documentation, we may cancel your order.​

7.3 Regulatory Compliance
We comply with applicable federal, state, and local laws related to the sale and shipping of tobacco products, including not shipping to restricted states such as Utah and Hawaii. You are responsible for complying with all laws that apply to you and your use of our products.

8. Intellectual Property

All content on the Site, including text, graphics, logos, images, icons, audio clips, video, data compilations, and software, is the property of Fathom and Fury Cigars or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content without our prior written consent, except for your personal, non‑commercial use in accordance with these Terms.​

9. Prohibited Conduct

You agree not to:

• Use the Site for any unlawful, fraudulent, or unauthorized purpose.
• Attempt to bypass or interfere with age‑verification or security measures.
• Use the Site to violate any applicable law, regulation, or rights of others.
• Upload or transmit any malicious code, viruses, or harmful content.
• Scrape, crawl, or use automated tools to access the Site in a way that burdens or disrupts our systems.​

Any breach of these restrictions may result in immediate termination of your access to the Site and other remedies available under law.

10. Third‑Party Links and Services

The Site may contain links to third‑party websites or services that are not owned or controlled by Fathom and Fury Cigars. We are not responsible for the content, policies, or practices of those third parties. Your use of third‑party sites is at your own risk and subject to their terms and policies.​

11. Disclaimers

The Site and all products, information, and services provided through it are offered on an “as is” and “as available” basis, without warranties of any kind, express or implied, except where expressly stated by us. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

We do not warrant that the Site will be uninterrupted, timely, secure, or error‑free, or that any defects will be corrected. Your use of the Site is at your sole risk.

12. Limitation of Liability

To the fullest extent permitted by law, Fathom and Fury Cigars, its owners, officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Site or products, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to the Site or products will not exceed the amount you paid for the specific order giving rise to the claim. Some jurisdictions do not allow limitations on certain damages, so some of these limitations may not apply to you.​

13. Indemnification

You agree to indemnify, defend, and hold harmless Fathom and Fury Cigars and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Site or products.
• Your breach of these Terms or any policy referenced herein.
• Your violation of any law or rights of a third party.

14. Termination

We may, in our sole discretion, suspend or terminate your access to the Site and Services, including your account, at any time and without prior notice, if we believe you have violated these Terms, any applicable law, or our policies, or for any other lawful reason. Upon termination, your right to use the Site will immediately cease, but provisions that by their nature should survive (such as intellectual property, disclaimers, limitations of liability, and indemnification) will continue in effect.

15. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or relating to them or your use of the Site are governed by the laws of the State of [Your State], without regard to its conflict of law principles.​

Any dispute, claim, or controversy that cannot be resolved informally will be resolved in the state or federal courts located in [Your County and State], and you consent to the exclusive jurisdiction and venue of such courts. You agree to waive any right to a jury trial to the extent permitted by law.​

16. Changes to These Terms

We may update or modify these Terms at any time. When we do, we will revise the “Effective Date” above. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Site.

17. Entire Agreement

These Terms, together with our Privacy Policy and other posted policies (including Tobacco Sales Policy, Shipping Policy, Return & Refund Policy, Cookies Policy, and Data Protection Policy), constitute the entire agreement between you and Fathom and Fury Cigars regarding your use of the Site and supersede any prior or contemporaneous agreements or communications.