Last Updated: November 2016
You must register for, and complete the registration process to use, this site. We will open a registered user account for you when you complete your registration. You will select or we may assign to you a user ID and password that will be identified with your account. Your user ID, password and date of birth are your credentials to give you access to this site. You must provide complete and accurate information about yourself during the registration process. You must be a tobacco consumer who is at least 21 years of age who is legally competent to enter into contracts. You may not have a user ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. All personal information provided via this site will be handled in accordance with this site's online Privacy Statement, which may be viewed anywhere on the site by clicking on the "Privacy Statement" link on the footer of the page.
ELECTRONIC CONTRACTING AND NOTICES
In order to receive notices or other communications electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any notices or other communications, if you so choose. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
ACCESS COSTS, EQUIPMENT AND SOFTWARE
You must provide at your own expense the equipment and Internet connections that you will need to access this site. This site may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use this site.
LINKS TO OTHER WEBSITES
YOUR USER ID AND PASSWORD
USE OF MATERIAL FROM THIS SITE
All contents of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on this site (collectively, the "Materials"), are the property of and owned by ACE MOIST SNUFF INC. or its licensors, and is protected by copyright, trademark and other laws of the United States and other countries. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.
MATERIAL YOU SUBMIT
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and right to grant a license to use any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, fraudulent, obscene or threatening; infringing on third parties' intellectual property rights, including but not limited to trademark, copyright or patent rights, right of publicity, right of privacy, trade secret or other proprietary rights; or harassing, 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 applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site.
By submitting any material to this site, and unless we indicate otherwise, you acknowledge that you have granted ACE MOIST SNUFF INC. and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, copy, modify, display, adapt, publish, translate, create derivative works from, publicly perform, reverse engineer, transfer, transmit, broadcast, distribute, license, sell, give or otherwise make available such content throughout the world in any media. You grant ACE MOIST SNUFF INC. and its affiliates the right to use, non-materially alter or omit the name you submit in connection with such content. All personal information provided via this website will be handled in accordance with the site's online Privacy Statement. You represent and warrant that you have the full right, power and authority to enter into and perform this Agreement, and have secured all third-party consents, licenses, waivers and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in the content; that the content is true, accurate, current and complete; 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 ACE MOIST SNUFF INC. and its affiliates for all claims resulting from content you supply.
TRADEMARKS AND COPYRIGHTS
This site may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of ACE MOIST SNUFF INC. and its affiliates or licensors. This site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This site and all of its content are protected under copyright, trademark and other laws of the United States and other countries.
INTELLECTUAL PROPERTY RIGHTS OF OTHERS
We respect the intellectual property rights of others, and we request that our visitors do the same. This website includes user-submitted materials, and we cannot and do not monitor all of the material submitted to the site.
By using the site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content.
Notwithstanding the foregoing, you acknowledge that we shall have the right (but not the obligation) to review any content that you have submitted to the site, and to reject, delete, disable or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable or remove any content at any time, for the reasons set forth above, for any other reason or for no reason.
Please include all of the following in your notification:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
a description of the work you claim has been infringed;
a description of where the material you claim is infringing is located on the site, including by providing a URL to the page containing the material;
your address, telephone number, email address and all other information reasonably sufficient to permit ACE MOIST SNUFF INC. to contact you;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
The material contained on this site may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to pre-screen content that is submitted by third parties (including you) to this site, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ACE MOIST SNUFF INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NON-INFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE 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 ACE MOIST SNUFF INC. OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ACE MOIST SNUFF INC. 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.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER ACE MOIST SNUFF INC. NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES 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.