User Agreement for Conwood Co., LLC Website
The following user agreement ("Agreement") sets forth the terms upon which American Snuff Company's affiliate, Conwood Co., LLC ("Conwood Co.") offers you ("YOU") access to its Grizzly Website ("Site") and the terms YOU accept by accessing this Site. Please read this carefully: YOUR use of this Site constitutes YOUR acceptance and agreement to the terms of this Agreement. If you do not accept each and every term, do not access this Site.
1. YOUR Usage of Site
YOU agree to use this Site only for lawful purposes, and agree that YOU are solely responsible for YOUR use of, communications, and postings on this Site. YOU will not permit any other person to access the Site using your account. 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 law including, without limitation, those relating to export control, consumer protection, unfair competition, anti-discrimination or false advertising.
YOU agree not to use or permit the use of 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 Conwood Co., from time to time, for such purposes.
YOU agree that YOU will not access this Site from any jurisdiction where its use or contents is illegal, and that YOU, and neither Conwood Co. 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 Personal ID and Password provided by Conwood Co. for access to this Site and that YOU will not link from a page on another Site to any page on this Site. 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 adult tobacco consumers old enough to purchase tobacco products in the jurisdiction in which they reside ("ADULT"), and YOU warrant under penalty of law that YOU are an ADULT, as defined herein. YOU agree to take reasonable and necessary steps to prevent the accessing of this site by persons who are not ADULTS and specifically agree to maintain the security of confidential information relating to the use of this Site, including YOUR Personal ID and Password on this Site. YOU agree to be responsible for all uses and 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 or reoccurrence by changing YOUR password and notifying Conwood Co.. YOU represent to Conwood Co. that YOU are who YOU say YOU are, and that the account information you provide, including Password and Personal ID, is in fact YOUR information. YOU understand that the personal information you provide, as well as other information associated with YOUR use of the Site, will be used by Conwood Co. for purposes of verifying YOUR age, communicating with YOU, and to understand YOU and YOUR preferences in order that we might improve our products and our practices, among other purposes. See the Privacy Policy for complete details. YOU warrant the accuracy of all information provided by YOU in connection with YOUR registration and otherwise, and acknowledge that a false statement may constitute a crime or subject YOU to civil liability.
2. User Submissions
Conwood Co. reserves the right to delete, block (including without limitation a user's Personal ID and password) and/or remove any information or materials that Conwood Co., in its sole discretion, deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Conwood Co. or any other party. If notified of any such information or materials on this Site, Conwood Co. 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. In the event YOU upload, post, or otherwise make available any material on this site, YOU represent and warrant to Conwood that YOU have either obtained such permission of the owner of such copyright, trademark or other proprietary right, or that you are the sole owner of such material.
YOU agree to grant to Conwood Co. a non-exclusive, royalty-free, worldwide, enterprise-wide, 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 Conwood Co. 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, as well as the right to use the biographical data for user verification purposes. YOU agree that YOU shall have no recourse against Conwood Co. for any alleged or actual infringement or misappropriation of any proprietary or other right in YOUR submissions, postings or communications to Conwood Co..
3. Bulletin/Message Board Policy
This Site may contain various bulletin/message boards which act among other things as a venue for legal age tobacco consumers to list certain items for sale and for buyers to contact such sellers about a possible transaction. Conwood Co. is not responsible for monitoring, screening, policing or editing the information or materials posted on, submitted to, or accessed or transmitted through this Site. Conwood Co. does not and cannot monitor all information or materials posted on, submitted to or transmitted through this Site. Conwood Co. 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. Conwood Co. 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. Conwood Co. has conducted no inquiry into the identity of the seller or buyer or the item being offered for sale. Because Conwood Co. is not involved in any transactions, in the event of any dispute all users of the bulletin board release Conwood Co. 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 Conwood Co. may alter, change, suspend, or terminate the Site and any user's or group of users' access to the Site at any time for any reason, with or without notice. YOU agree that Conwood Co. may terminate or suspend YOUR access (including Personal ID and password) to all or part of this Site, at any time and without notice, for any conduct that Conwood Co., in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user, Conwood Co. or its affiliates. It is Conwood Co. policy to terminate in appropriate circumstances the accounts and access (including Personal ID 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, Conwood Co. or its affiliates.
It is Conwood Co.' intention to respond promptly to claims of intellectual property infringement and other violations of law. Conwood Co. will investigate notices of alleged infringement and reserves all rights, including the right to take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable laws and regulations that may be enacted, amended, or otherwise promulgated from time to time. Upon receiving notification that complies or substantially complies with the DMCA, Conwood Co. 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 Conwood Co. 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: American Snuff Company, c/o Legal Department, 813 Ridge Lake Blvd, Memphis, TN 38120
Such notification shall:
a. include an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. 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;
c. identify the URL or other specific location where the allegedly infringing material is located;
d. provide the address, telephone number, and e-mail address of the notifying party;
e. 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;
f. and include a statement by YOU, made under penalty of perjury, that the information in the notification is accurate and that YOU are the copyright owner or the owner's authorized agent.
When Conwood Co. deletes or disables access to any material alleged to be infringing under this policy, Conwood Co. 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 Conwood Co. 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 Conwood Co. replaces or restores access to any material as a result of any counter notifications.
When Conwood Co. deletes or disables access to any material alleged to be infringing under this policy, Conwood Co. 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 Conwood Co. 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 Conwood Co. replaces or restores access to any material as a result of any counter notifications.
5. No Warranty
Conwood Co. 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. Conwood Co. 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. Conwood Co. and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Note that this warranty disclaimer may not be enforceable in certain states and that, in the event such state's laws are deemed controlling notwithstanding the choice of law provision herein, the foregoing disclaimer may not apply to YOU. YOU may have other legal rights which vary from state to state.
6. Disclaimer
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 Conwood Co. 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 Conwood Co. 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, Conwood Co. is not liable even if it has been advised of the possibility of such damages. Conwood Co.' 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 Conwood Co. to limit or exclude liability for this special, incidental, consequential or lost profit damages, the choice of law provision notwithstanding.
8. Indemnity
YOU agree to indemnify and hold Conwood Co., American Snuff Company, their parent, and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, demand, liability, loss, or expense of any kind, including reasonable attorney fees, made by any third party due to or arising out of YOUR wrongful use of the of this SITE, YOUR breach of this Agreement or the documents it incorporates by reference, and 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 Conwood Co. 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 Conwood Co., and YOU acknowledge that Conwood Co. 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 Conwood Co.. 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 Conwood Co. or any association with its operators.
11. Trademarks
Grizzly and other Conwood Co. marks appearing on this Site are the trademarks of Conwood Co.. 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 Conwood Co., Grizzly, or this Site. YOU understand that the presence of such other trademarks do not and should not be construed to suggest any affiliation with or to constitute an endorsement of Conwood, its products, or this Site. YOU agree not to make unauthorized copies or reproductions of the text, photos, or other graphics. YOU agree not to alter or remove any content of this Site, and will specifically refrain from altering warning labels and trademark and copyright notices. Apple and nano are registered trademarks of Apple, and the presence of such trademarks on this website is not intended to suggest any affiliation with or endorsement of Conwood, its products, or its industry.
12. Relationship of Parties, Assignments and Successors
YOU and Conwood Co. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchise-franchisee relationship is intended or created. Any successor to Conwood Co., for example, a successor by reason of merger, shall succeed to this Agreement without the requirement that YOU be notified. This Agreement may be assigned without notice by Conwood Co. to an affiliated company or to an unaffiliated company in connection with the disposition of substantially all of Conwood Co.' (or its successors') assets.
13. Unilateral Amendment and Modification
The information, software, products, offers, data and services published on this Site may contain inaccuracies or typographical errors which Conwood Co. reserves the right (without notice) to unilaterally correct. Furthermore, YOU agree that Conwood Co. may 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.
14. Governing Law, Exclusive Forum
This Agreement shall be governed in all respects by the laws of the State of Tennessee, excluding its conflict of law rules. All disputes concerning this Site and this Agreement must be brought either in the state courts of Shelby County, Tennessee or in the federal court of the U.S. District Court, Western District of Tennessee. YOU voluntarily submit to and consent to the exclusive jurisdiction and venue of such courts. 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.
15. Severability, Headings, Waiver, Merger, and Construction.
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. Conwood Co. 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 Conwood Co. with respect to the subject matter hereof. YOU specifically agree that this Agreement shall be interpreted neutrally between the parties and without respect to authorship.
16. Miscellaneous
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.
Conwood Co. only markets its tobacco products to legal age tobacco consumers. In order to be eligible to receive mailings from us, you must certify under penalty of law that you are a legal age tobacco product user and want information and promotions of our products. We will also verify that you are of legal tobacco use age. You authorize Conwood Co. to confirm the accuracy of the information you have submitted against government-issued ID. YOU further authorize Conwood Co. to provide such information to contractors under an obligation to maintain the confidentiality of such information for verification against databases of public records and other information, including without limitation databases incident to the issuance of government identification.
