(Effective Date: 8/17/2017)
The following Terms and Conditions of Use ("Terms") sets forth the terms upon which R.J. Reynolds Tobacco Company ("we", “our” and “us”) offers you ("you") access to this website and any associated mobile applications ("Site"). By accessing or using this Site, you represent that you have read and agree to be bound by these Terms (as may be amended from time to time) without limitation, qualification or change.
Access to and use of this Site are subject to the following terms and conditions and all applicable laws.
Age Restriction. You must be at least 21 years of age and a tobacco consumer to access this Site. We restrict our Site and marketing contact list to individuals who have certified that:
Before a certified adult tobacco consumer is added to our marketing contact list, we independently verify that the tobacco consumer is 21 years of age or older.
Geographic Restrictions. You agree that you will not access this Site from any territory where the content or use of the Site is illegal. You are solely responsible for complying with all applicable local laws.
When you use the Site, you provide us with things like your contact information, comments, electronic submissions, and so on ("Your Stuff"). You retain ownership of Your Stuff. However, you agree that we can use Your Stuff in order to provide or improve the Site and related products and services (e.g., displaying comments you submit, using your contact information to send you a free gift, etc.) or for marketing purposes (e.g., displaying your image, name, and biographical data on the Site when you win a sweepstakes prize).
You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in Your Stuff.
Code of Conduct. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and any related services. You agree not to misuse the Site or help anyone else to do so. For example, you must not do any of the following in connection with the Site:
How we handle code of conduct violations. We are not responsible for monitoring, screening, policing or editing the information or materials posted on, submitted to or accessed or transmitted through this Site. However, we reserve the right to delete, block and/or remove any information or materials that we, in our sole discretion, deems to be unlawful, inappropriate or otherwise unacceptable to us or any other party. If notified of any such information or materials on this Site, we will determine in our sole discretion whether to remove such content from this Site or re-post such content to this Site.
When investigating alleged violations of these Terms, we reserve the right to review your content in order to resolve the issue. You understand and agree that if we, in our sole discretion, believes that you have violated any of the above rules we may:
WARNING: ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
Changes to the Site.
Changes to these Terms. We reserve the right to change these Terms at any time at our sole and exclusive discretion. We will post a notice of changes to these Terms on this Site. By continuing to use this Site after a change is made, you accept and agree to be bound by the modified Terms. Only we may alter these Terms.
This Agreement shall be governed by and construed in accordance with 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.
No Warranty. We and our suppliers provide this Site and any related products or services "as is" and without any warranty or condition, express, implied or statutory. Use of this Site is at your sole risk. We do not guarantee continuous, uninterrupted, error-free or secure access to this Site or our services, and operation of this Site may be interfered with by numerous factors outside of our control. WE AND OUR 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.
Disclaimer. We disclaim any liability for any damages, losses, injuries, or expenses caused by, arising or resulting from, or in connection with 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 we are not liable for the foregoing or for any defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you.
Limitation of Liability. In no event shall we or our subsidiaries and affiliates, or their respective officers, directors, employees, agents, vendors, or suppliers be liable for lost profits or any special, indirect, punitive, 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). And even if it has been advised of the possibility of such damages, our 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 us to limit or exclude liability for these special, incidental, consequential or lost profit damages.
Indemnity. You agree to indemnify and hold us and our 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.
Let's Work Together to Resolve Any Issues. We value our relationship with you and we want to address your concerns without the need for litigation. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting Consumerrelations@rjrt.com. We may need information from you to try to investigate or address your concerns (such as screenshots of error screens, images showing the problem, or return of the product) and you agree to provide information necessary to investigate and address any issues that may arise. If a dispute is not resolved within 45 days after you submit the necessary information, either you or we may bring a formal proceeding.
We Both Agree To Arbitrate. Both you and we agree to resolve any claims relating to the Terms through final and binding arbitration, except as set forth under Exceptions to Arbitration Agreement below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms to the following address:
P.O. Box 2959
Winston-Salem, NC 27102-2959
Arbitration Procedures and Fees. The arbitration will be held in the United States county where you live or work; Winston-Salem, NC; or any other location we agree to. If the parties are unable to mutually agree upon a location for the arbitration within sixty days after you submit the necessary information to us regarding the dispute, then we will have the exclusive right to select the location for the arbitration.
Exceptions to Arbitration Agreement. Either party may bring a lawsuit to stop abuse of the Site, intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), defamation or libel without first engaging in arbitration or the informal dispute-resolution process described above. Neither the agreement to cooperate nor the agreement to arbitrate prevent us from: (1) removing, blocking or refusing to publish your content for any reason; or (2) disabling, suspending, or terminating your PID or otherwise prohibiting you from accessing or using the Site.
No Class Actions. You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you agree that any judicial proceeding will be brought in the federal or state courts of Winston-Salem, NC. You consent to venue and personal jurisdiction there.
We intend for these Terms, including the terms in the sections titled “Our Warranties and Disclaimers”, “Liability for our Services” and “Resolving Disputes,” as modified by this paragraph, to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion hereof is held invalid, that the balance shall, notwithstanding, continue in full force and effect. Notwithstanding any language in these Terms to the contrary, we agree that: (a) the limitation on liability will not apply to claims brought by New Jersey consumers for damages caused by our intentional, reckless or grossly negligent conduct and (b) the indemnification obligations will not apply to claims caused by our intentional, reckless or grossly negligent conduct. If one or more other provisions of these Terms are deemed to be illegal or unenforceable under New Jersey law, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable to the fullest extent permitted by law.
Electronic Signature. Your affirmative act of registering for an account on the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. All agreements completed electronically will be deemed to be in writing and legally enforceable as a signed writing for all legal purposes.
Electronic Notices. You also agree that we may send you notices or other communications in electronic form (e.g., emails, banners, etc.). We may send you electronic notices or other communications to the email address(es) that you provide to us, or by posting any notices or other communications on this Site. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery.