TERMS AND CONDITIONS GOVERNING USE OF WEBSITE
This website is owned and operated by Commonwealth Brands, Inc. ("Commonwealth") for your personal, non-commercial use only. This policy is effective on 5/7/2008. The site is intended for the use of adult smokers only. If you are under 21 years of age, you should discontinue use of this site.
This site is operated to provide general information about our company and to permit smokers 21 years of age or older to request promotional materials such as coupons. The material on the site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any Commonwealth product. We advertise, market and sell our products only in compliance with the laws of the particular jurisdictions in which they are sold, and in compliance with the provisions of the Master Settlement Agreement.
The information that we make available on this site is not necessarily accurate, complete or current. Because we provide this material for general information only, you should not rely upon or use it as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more recent sources of information. 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 the site. If you rely on the material on this site, that reliance will be at your own risk. Although we may modify the contents of this site, we do not have any obligation to update it. It is your responsibility to monitor changes.
Application of Terms and Conditions
When you enter and use this site, you accept and are bound by these terms and conditions, and you represent that you have read and agree to the terms and conditions. If at any time you determine that you do not accept all of the terms and conditions, you should stop using the site and destroy all materials and copies of materials you have obtained while using the site.
Commonwealth may change these terms and conditions at any time at its sole and exclusive discretion by posting any revised terms on the site. You should check periodically for any changes that we may have made. If you continue to use the site after a change is made, you accept and are bound by the changed terms and conditions.
Provisions Regarding Jurisdiction
Commonwealth is incorporated in Kentucky in the United States of America, and this site is operated in the United States. The laws of the Commonwealth of Kentucky govern the terms and conditions and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Kentucky for any action to enforce these terms and conditions. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of Kentucky and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You should inform yourself of the laws of your jurisdiction and comply with them.
General Limitation of Liability; Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. COMMONWEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMONWEALTH OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. COMMONWEALTH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT COMMONWEALTH BRANDS, INC., ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR ANY OTHERS INVOLVED IN THE CREATION OF THE SITE, INCLUDING THIRD PARTY CONTENT PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF ACCESS TO OR USE OF ANY CONTENT OF THIS SITE OR THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE, INCLUDING BUT NOT LIMITED TO COMMONWEALTH'S NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF, OR MATERIAL POSTED BY, ANY USER OF THE SITE.
COMMONWEALTH BRANDS, INC., ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR ANY OTHERS INVOLVED IN THE CREATION OF THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR OTHER PROPERTY, DURING OR ON ACCOUNT OF ACCESS OR USE OF THE SITE OR ANY SITES TO WHICH THIS SITE LINKS, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED BY COMPUTER SOFTWARE ROUTINES SUCH AS VIRUSES, "WORMS" OR "TROJAN HORSES," "TIME BOMBS," "DROP DEAD DEVICES."
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We respect your privacy concerns and appreciate you visiting our site.
We will treat any information, communication or material you provide, post or transmit to us through this site as non-confidential and non-proprietary. That material will become our exclusive property. We will treat that material only in the manner described in this "User Information" section.
You may choose to provide personal information (like your name, address, telephone number, age verification, and smoking preferences) to us in several ways - among others, by signing up for the receipt of gifts or coupons available to smokers who are 21 years of age or older, by choosing to comment on the site, by choosing to submit materials to the site, or by signing up for any mailing list or completing any survey we may post on the site. To sign up online for any of these purposes, you must be a resident of the United States, and you certify that you are a smoker who is 21 years of age or older.
If you provide us with a copy of a driver's license or other government-issued identification as proof that you are 21 years of age or older, you certify to us that the identification is currently valid. If you choose to provide us with your personal information, we may obtain information about you that is available to us electronically from third parties to verify your personal information. We may also supplement the information you provide with demographic or lifestyle information so we may customize our offers to you.
We may collect certain non-personal information when you visit the site, through the use of "cookies" and other technology described below, in order to compile statistical records on your and other visitors' use of the site, so we can make sure our website is useful to those who visit it and make it easier for visitors to find. We will use this information only in aggregate form.
We may use "cookie" technology, as many other companies do. Cookies are bits of data placed on your computer's hard drive. These cookies may tell us whether you have visited our site before or are a new visitor and what material on our site you have viewed. The cookies also may enable the sending of electronic mail messages from our website. If you prefer not to receive cookies, or to disable cookies already received, you can usually accomplish that by selecting various options through your web browser.
We may also use tools known as "web beacons" (or "spotlight tabs," "Internet tags," "pixel tags," and "clear GIFs"). These beacons allow third parties to collect information such as the IP address of the computer that downloaded the page, the URL of the page, the time at which the page was viewed, and the type of browser used to view the page.
We may also use "log files," small text files that are automatically created when you visit the site. Log files may tell us, among other things, whether you have visited the site before.
We will not sell or otherwise provide to third parties any personal information you provide us through use of the site or communications with or through the site, except as specifically disclosed here. We may share information about you with service providers we have retained to provide services on our behalf, but we do so only under contracts restricting our service providers from using or disclosing the information except as necessary to perform services for us or to comply with legal requirements. We also reserve the right to provide such records or information to law enforcement officials or other government entities if we are required to do so by law or if we, in our sole discretion, believe providing that information to be appropriate. We may also disclose information you provide to us if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
We do not share personal information about you with other companies.
We reserve the right to transfer any information we have about you in the event we sell or transfer all or part of our business or assets. If this occurs, we will use reasonable efforts to direct the Transferree to use information only as described herein.
We protect personal information you provide to us from unauthorized disclosure, use, alteration, or destruction through administrative, technical, and physical safeguards on the site.
We may change this user information policy in the future at any time in our sole discretion by posting any revisions to this site. It is your responsibility to monitor changes to the user information policy.
Our site may contain links to other websites. We do not control these other websites, and you should consult these other web sites' privacy policies regarding the use of your information. A link to another website does not mean that Commonwealth endorses or accepts any responsibility for the content or the use of such website. Any decision to view any linked website is at your own risk.
To remove your name from any mailing list we may maintain at any time, go to our "Contact Us" page and inform us of such request.
Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, (iii) may contain software viruses, political campaigning, chain letters, mass mailings, charity requests, advertising, petitions for signatures, worms, "Trojan Horses" or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
If you do submit material, and unless we indicate otherwise, you grant Commonwealth and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media for any purpose. You grant Commonwealth and its affiliates the right to use the name you submit in connection with such content, if they so choose, along with your image, likeness, biographical data. All personal information provided via this website will be handled in accordance with the site's online "User Information" statement. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Commonwealth and its affiliates for all claims resulting from content you supply.
Commonwealth in its sole discretion reserves the right to delete, block or remove any materials that Commonwealth deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Commonwealth or any other party.
Use of Intellectual Property
This site and all of its contents are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The site and the contents of the site are owned and controlled or licensed by Commonwealth or the party credited as the provider of the particular content at issue, if different than Commonwealth.
You may browse through the site and download or print copies of materials on the site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in any personal copies. No part of the information on this site may be distributed, copied, modified, revised, transmitted or reproduced for commercial or non-personal use without the prior written consent of the Commonwealth Brands, Inc. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited.
Limited to smokers 21 years of age or older. Offer available for a limited time only. Offer good only in the USA. Limited to one coupon offer throughout the time period. Coupon offer void where prohibited.
Copyright ©2009 Commonwealth Brands, Inc.
All Rights Reserved.