The following user agreement ("Agreement") sets forth the terms upon which R.J. Reynolds Tobacco Company ("RJRT") offers you ("YOU") access to its Website ("Site") and the terms YOU accept by accessing this Site. YOUR use of this Site constitutes YOUR acceptance and agreement to the following terms:
1. YOUR Usage of Site
YOU agree to use this Site only for lawful purposes, and agree that YOU are responsible for YOUR use of, communications, and postings on this Site. YOU agree not to post on, provide access, make available, or transmit through this Site any unlawful, infringing, threatening, harassing, abusive, libelous, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, pornographic or otherwise objectionable material of any kind, including without limitation any material that encourages or solicits criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property or other rights, discloses private or personal matters concerning any person, concerns products or items outside the scope of the particular bulletin board room, or otherwise violates any applicable local, state, national, foreign or international law including, without limitation, those relating to export control, consumer protection, unfair competition, anti-discrimination or false advertising. YOU agree not to use or allow others to use this Site in any manner that interferes with its operation or with any other user's use and enjoyment of this Site. YOU agree not to post or transmit on this Site any file or code that contains viruses, worms, "Trojan horses," or any other contaminating or destructive features. YOU agree not to post or transmit on this Site any charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes or similar documents. YOU agree not to post, provide access, make available or transmit on this Site any advertising, promotional materials or any other solicitation of other users of this Site for goods or services except in those areas that might expressly be designated by RJRT, from time to time, for such purposes. YOU agree that YOU will not access this Site from any territory where its use or contents is illegal, and that YOU, and neither RJRT nor its affiliates, are responsible for compliance with applicable local laws. YOU agree that YOU will not access this Site by any means except through the interface and PID provided by RJRT for access to this Site and that YOU will not link from a page on another Site to any page on this Site except our home page. YOU further agree that any robots, spiders, crawlers or other automated software that YOU use to access this Site shall comply with the Standard for Robot Exclusion and shall use and comply with this Site's robots.txt files. No reproduction, distribution or transmission of the copyrighted materials on this Site is permitted. All rights not expressly granted herein are reserved. YOU recognize that access to this Site is limited to tobacco consumers who are 21 years of age or older. YOU agree to maintain the security of YOUR PID on this Site, and other confidential information relating to the use of this Site and YOUR PID on this Site. YOU agree to be responsible for all uses and/or charges resulting from the use of YOUR account on this Site, including charges resulting from unauthorized use of YOUR account prior to YOUR taking steps to prevent such occurrence by changing YOUR password and notifying RJRT. YOU acknowledge that YOUR username, alias, avatar, city and state of residence may appear to other users with their postings, comments and activities within the Site. Moreover, when logged into the Site, YOUR on-line presence within the Site may be disclosed to other users and other users may make submissions or post comments directly to YOU within the Site.
2. User Submissions
RJRT is not responsible for monitoring, screening, policing or editing the information or materials posted on, submitted to or accessed or transmitted through this Site. RJRT does not and cannot monitor all information or materials posted on, submitted to or transmitted through this Site. However, RJRT reserves the right to delete, block (including without limitation a user's PID and password) and/or remove any information or materials that RJRT, in its sole discretion, deem to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to RJRT or any other party. If notified of any such information or materials on this Site, RJRT will determine in its sole discretion whether to remove such content from this Site or re-post such content to this Site at the time of notification or any other time in the future. YOU shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right and the burden of determining that you have such permission rests with YOU. YOU agree to grant to RJRT a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, provide access to, make available, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) YOU submit to public areas of this Site (such as bulletin or message boards, forums and newsgroups) by all means and in any media or any mode of distribution now known or hereafter developed. YOU also grant to RJRT the right to use YOUR name, image, likeness, biographical data, and statements made in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. YOU agree that YOU shall have no recourse against RJRT for any alleged or actual infringement or misappropriation of any proprietary or other right in YOUR submissions, postings or communications to RJRT. To protect individual users' privacy, YOU are encouraged not to post or otherwise disclose within the Site YOUR phone numbers, physical addresses, e-mail addresses, and personally identifying or other sensitive information.
3. Bulletin/Message Board Policy
This Site may contain various bulletin/message boards which act among other things as a venue for 21 years of age or older tobacco consumers to list certain items for sale and for buyers to contact such sellers about a possible transaction. RJRT has no control over the information provided by other users or the quality, safety or legality of the items advertised, the truth or accuracy of the listing, the ability of sellers to sell items or the ability of buyers to purchase items. RJRT cannot ensure that a buyer or seller will actually complete a transaction. Users should use caution and common sense when contemplating a transaction on this Site. RJRT has conducted no inquiry into the identity of the seller or buyer or the item being offered for sale. Because RJRT is not involved in any transactions, in the event of any dispute all users of the bulletin board release RJRT and each of its officers, directors, agents, subsidiaries and employees from claims, demands, and damages (actual and consequential) of every kind and of every nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.
4. Termination of usage; Notification and Procedure Regarding Infringements
YOU agree that RJRT may terminate or suspend YOUR access (including PID and password) to all or part of this Site, at any time and without notice, for any conduct that RJRT, in its sole discretion, believe is in violation of this Agreement or any applicable law or is harmful to the interests of another user, RJRT or its affiliates. It is RJRT's policy to terminate in appropriate circumstances the accounts and access (including PID and password) of any subscriber who engages in conduct that is in violation of this Agreement or any applicable law or is harmful to the interests of another user, RJRT or its affiliates. It is RJRT's policy to respond promptly to claims of intellectual property infringement and other violations of law. RJRT will promptly investigate notices of alleged infringement and reserve the right to take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable laws and regulations that may be enacted or promulgated from time to time. Upon receiving notification that complies or substantially complies with the DMCA, RJRT will act to delete or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. It is RJRT's policy to terminate, at any time and under appropriate circumstances, the access to this Site of subscribers and account holders who are infringers. If YOU believe that this Site contains any material that infringes YOUR or another party's rights under the copyright laws, YOU shall provide notification to the following designated agent: By Mail: Customer Relations P.O. Box 2959 Winston-Salem, NC 27102-2959 By Phone: 1-877-760-0778 Such notification shall: 1. include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. contain a description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the web page address) where the copyrighted work exists, or a copy of the copyrighted work; 3. identify the URL or other specific location where the allegedly infringing material is located; 4. provide the address, telephone number, and e-mail address of the notifying party; 5. include a statement by YOU that YOU have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; 6. and include a statement by YOU, made under penalty of perjury, that the information in the notification is accurate that YOU are the copyright owner or the owner's authorized agent. When RJRT deletes or disables access to any material alleged to be infringing under this policy, RJRT may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although RJRT makes no promise to do so. Any counter notifications submitted by such user will be furnished to the complaining party, who will be given an opportunity to seek judicial relief in accordance with the DMCA before RJRT replaces or restores access to any material as a result of any counter notifications.
5. No Warranty
RJRT and its suppliers provide this Site and any related services "as is" and without any warranty or condition, express, implied or statutory. Use of this Site is at YOUR sole risk. RJRT does not guarantee continuous, uninterrupted, error-free or secure access to this Site or its services, and operation of its Site may be interfered with by numerous factors outside of its control. RJRT and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow this disclaimer of implied warranties, so the foregoing disclaimer may not apply to YOU. YOU may have other legal rights which vary from state to state.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of digital records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. YOU specifically acknowledge that RJRT is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with YOU.
7. Limitation of Liability
In no event shall RJRT or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with this Site, the services available on this Site or this Agreement (however arising, including, without limitation, negligence). Furthermore, RJRT is not liable even if it has been advised of the possibility of such damages. RJRT's liability to YOU for all losses, damages, injuries, and claims of every kind (whether claimed under contract, negligence, tort or other legal theory) will under no circumstances exceed the amount YOU paid to access this Site. However, in certain states the law may not permit RJRT to limit or exclude liability for these special, incidental, consequential or lost profit damages.
YOU agree to indemnify and hold RJRT and its parent, and their respective subsidiaries, affiliates, officers, directors, agents, 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 this Agreement or the documents it incorporates by reference, or YOUR violation of any law or the rights of a third party.
9. Legal Compliance
YOU shall comply with all applicable laws, statutes, ordinances and regulations regarding YOUR use of RJRT's Site and any related services and YOUR listing, purchase, solicitation of offers to purchase, and sale of items.
10. Third Party Sites/Hyperlinks
This Site may produce automated search results or otherwise link YOU to other sites on the Internet. These sites may contain information or material that some people may find inappropriate, offensive or otherwise objectionable. These other sites are not under the control of RJRT, and YOU acknowledge that RJRT is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. Furthermore, YOU acknowledge and agree that any opinions, advice, statements, services, offers, or other information or content expressed in such sites are those of the respective author(s) or distributor(s) and not of RJRT. It is YOUR responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through third party sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. The inclusion of such a link does not imply endorsement of the site by RJRT or any association with its operators.
RJRT marks appearing on this Site are the trademarks of the R. J. Reynolds Tobacco Company. All rights reserved. All other trademarks appearing on this Site or accessed via this Site are the property of their respective owners who are neither sponsors nor affiliated with RJRT, or this Site.
YOU and RJRT are independent contractors, and no agency, partnership, joint venture, employee-employer or franchise-franchisee relationship is intended or created. The information, software, products, offers, data and services published on this Site may contain inaccuracies or typographical errors which RJRT reserves the right (without notice) to unilaterally correct. Furthermore, RJRT shall have the right at any time to change or modify the terms or conditions applicable to YOUR use of this Site or any part thereof, or to impose additional or new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including without limitation posting on this Site, by electronic or regular mail or by any other means that YOU may receive notice thereof. Any use by YOU subsequent to notice thereof shall constitute acceptance by YOU of all such changes, modifications, or additions. This Agreement shall be governed in all respects by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. All disputes concerning this Site and this Agreement must be brought either in the state courts of Forsyth County, North Carolina USA or in the federal court of the Middle District of North Carolina USA. YOU voluntarily submit to and consent to the exclusive jurisdiction and venue of such courts. Furthermore, YOU acknowledge that use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. RJRT's failure to act with respect to a breach by YOU or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and RJRT with respect to the subject matter hereof. A printed version of this Agreement, and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form.