Effective September 1, 2012
By entering this website, www.Stokers.com (“Site”), you agree to be bound by these Terms and Conditions of Use (“Terms of Use”).
Because the Terms of Use take effect immediately upon your first visit of the Site, you should read them carefully before further accessing or using the Site.
If you do not agree and accept these Terms of Use, without limitation or qualification, please exit the Site immediately.
National Tobacco Company, L.P. (“NTC”) reserves the right to revise these Terms of Use at any time by updating this posting. (“Effective Dates” will be located immediately under the title of this document.) Your continued use of the Site after any such revision will constitute acceptance of the new terms.
1. Restricted Uses.
This Site is not directed to anyone under the age of twenty-one (21) and is intended only for individuals twenty-one (21) years of age and older. If you are under 21, DO NOT provide any personal information and exit this Site immediately.
The Site is owned and operated by NTC. Unless designated otherwise, the Site’s content is the sole intellectual property of NTC (or its affiliates). NTC’s intellectual property is protected under various laws of the United States, in particular copyright and trademark laws. Accordingly, you may not publish, distribute, transmit or otherwise use NTC’s intellectual property in any way, without the prior and express written consent of NTC. You may, however, print that information or those materials specifically offered and designated as “downloadable,” if you do so for non-commercial and private purposes only.
2. Description of the Services.
NTC provides users of the Site with access to content and services related to NTC’s products, including graphics, images, text, data, links to third party websites, and services such as a “product locator”.
3. Information Submitted Through the Site.
You affirm: (a) that any information you voluntarily provide to us is personal to you (that is, the information relates to you and not another individual), (b) is true and complete, and (c) that you will timely and accurately update your information as appropriate.
4. Registration; User Names and Passwords.
Certain portions of this Site may be restricted to registered users. With respect to registration, you may not use a user name or email address that belongs to or is already being used by another person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and you agree not to provide your password or user name to any third party. You are responsible for all information transmitted in connection with your user name, and agree to immediately notify us of any unauthorized use of your password or user name. You also agree to "log off" and exit your account at the end of each session.
5. Rules of Conduct.
We expect users of the Site to respect the law and the rights and dignity of others. Accordingly, we may terminate your access to the Site if you do not comply with all applicable laws and regulations, and the following rules:
You agree not to transmit or otherwise make available:
- Any information or materials that may (a) be threatening, harassing, degrading, hateful or intimidating; (b) be defamatory or libelous; (c) be fraudulent or tortious; (d) be obscene, indecent, pornographic or otherwise objectionable; (e) be protected by copyright, trademark, trade secret, or any other proprietary right; (f) be seen as endorsing irresponsible use of tobacco products; (g) give rise to criminal or civil liability, or encourage conduct that constitutes a criminal offense.
- Any virus, worm, Trojan horse, spyware, robot, spider, Site search/retrieval application or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, modify, reverse engineer, decompile, disrupt or gather Site content or reproduce or circumvent the navigational structure or presentation of any portion of the Site.
You acknowledge and agree that you, and not NTC, are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site and for paying all related charges.
6. Monitoring.
If you become aware of any unlawful, offensive or objectionable materials on the Site, please contact us by telephone or in writing. Our contact information can be found at the bottom of this page.
7. Promotions.
Any promotions made available through this Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such promotion, you agree to become subject to those rules. To the extent any promotion rules conflict with these Terms of Use or our Privacy Policy, the promotion rules will control.
8. Links to or from Other Websites.
NTC is not affiliated or associated with operators of any third party websites that link to or are linked from this Site, and thus expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
9. Limitation of Liability and Disclaimers.
NTC PROVIDES THIS SITE AND ITS SERVICES, INFORMATION AND MATERIALS (collectively, “SITE/SERVICES”) “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. NTC, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE/SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NTC MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE.
NTC, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS ARE NOT LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE/SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE/SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE/SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE/SERVICES IS TO STOP USING THE SITE.
YOU AGREE THAT (1) IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE SITE, AND (2) YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
10. Indemnification.
You agree to reimburse, indemnify, defend and hold NTC harmless on demand for, from and against any damages, losses, costs, judgments, fees, fines and other expenses NTC may incur (including attorneys’ fees and court costs) as a result of any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the Site/Services; (b) your violation of these Terms of Use, NTC’s privacy policy or any other NTC terms, conditions or policies; (c) any allegation that any materials you make available through the Site infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (d) your violation of any rights of any Site visitor or any other third party.
11. Termination and Enforcement.
You agree that: (a) NTC, at its sole discretion and without prior notice, may terminate your access to or use of the Site/Services, at any time and for any reason, including a determination by NTC that you have violated or acted inconsistently with the letter or spirit of these Terms of Use; (b) NTC shall not be liable to you or any third party for any termination of your access to the Site; and (c) Sections 4 – 6, 8 – 12 and 14 shall survive any expiration or termination of these Terms of Use.
12. Governing Law.
These Terms of Use shall be governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles. You and NTC agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Kentucky and waive any jurisdictional, venue, or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this governing law section.
13. Miscellaneous.
If any portion of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that portion shall be deemed severable from the other terms and shall not affect the validity and enforceability of the remaining terms. These Terms of Use do not create a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and NTC. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use. No waiver by NTC of any breach or default of these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. The headings, captions and sections titles in these Terms of Use have been inserted as convenient references only; they do not define or explain any section or provision. These Terms of Use, NTC’s privacy policy, all relevant updates, and any other specific rules referenced on the Site collectively constitute the entire agreement between you and NTC regarding the Site, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and NTC regarding the Site. You agree that notices to you may be made by posting a notice (or a link to a notice) on the Site, by email, or by postal mail, at NTC’s discretion. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Unsolicited Ideas.
Although NTC appreciates people’s interest in our business, our policy is to decline consideration of unsolicited ideas and suggestions offered or submitted by the general public. We respectfully request that you not submit ideas for products, advertising, etc.
Effective: September 1, 2012
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