Welcome to Lorillard.com, the website of Lorillard, Inc. Users of this site are bound by the Lorillard.com Terms and Conditions of Use as follows. Lorillard, Inc. (referred to herein as “Lorillard”) maintains this site.
BY USING OUR SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE “TERMS & CONDITIONS” OR “TERMS”) ON OUR SITE. IF YOU DO NOT AGREE TO AND ABIDE BY THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE OUR SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OUR SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Other Lorillard Sites or areas of Sites may have different terms and conditions posted. Any such terms will not modify or replace these Terms & Conditions regarding the use of Lorillard.com, unless they expressly state otherwise. Additionally, other Lorillard Sites may contain their own Terms & Conditions, in addition to those listed here, which you should review and with which you must agree in order to use those sites.
COPYRIGHT, TRADEMARKS AND RESTRICTIONS
Lorillard.com and its contents are protected pursuant to U.S. and international copyright laws. All materials published on Lorillard.com are the copyrighted property of Lorillard, third party licensors, or the party credited. Lorillard claims no copyright in any government or other public domain content that may be on our site. All trademarks, service marks and trade names, including but not limited to the Lorillard mark, as well as other marks, owned by Lorillard are protected by state, federal, and international trademark law. All other trademarks appearing on Lorillard.com are the property of their respective owners.
Except where otherwise noted, permission to use Materials (such as press releases, datasheets, and FAQs) from Lorillard.com is granted, provided that (1) none of the copyright, trademark, or other proprietary notices are removed, (2) the Materials are not edited or modified in any way without prior written consent, (3) use of such Materials from Lorillard.com is for informational and non-commercial or personal use only and may not be used in a misleading or deceptive manner, and (4) you do not use any Materials, without the express written permission of Lorillard, in a manner that suggests an association with any of our business units, services, initiatives or other activities. Further, you agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on Lorillard.com.
Materials specified above do not include the design or layout of Lorillard.com or any other Lorillard owned, operated, licensed, or controlled site.
LINKING TO LORILLARD.COM
Lorillard has no objection to links made from other sites to Lorillard.com, provided that you comply with the following requirements:
(1) You may not frame or alter the appearance of Lorillard.com.
(2) You may not state or imply that Lorillard endorses, sponsors or otherwise approves your site or any other sites.
(3) You may not use any Lorillard Trademarks or logos without prior written consent.
(4) In view of the dynamic nature of the Internet, and the possibility of updates and changes, we require that youlink to Lorillard.com at its home page.
(5) You must abide by all of the other Lorillard.com Terms and Conditions of use set forth herein.
While using Lorillard.com, you may be given the option of downloading software or applications from third party licensors. If you download such software or applications, they are not licensed to you by Lorillard, and we cannot and do not transfer title to such software and applications to you. You must abide by the terms and conditions of use provided by the third party licensor.
If you have any questions regarding this notice, please send an E-mail to email@example.com.
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
Lorillard.com may contain certain activities including, without limitation, e-mail services, contests, sweepstakes, and auctions (collectively “Contests”). Each Contest has its own rules, which you must read and agree to before you may enter.
THIRD PARTY CONTENT AND LINKS TO OTHER SITES
At certain places on Lorillard.com, users may be able to link to other Internet addresses. These other sites may or may not be under the control of Lorillard, and you acknowledge that Lorillard is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of the site by Lorillard or any association with its operators. Use of any information on Lorillard.com or obtained from linked addresses is voluntary and reliance on it should only be undertaken after an independent review. A link or reference herein to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by Lorillard.
We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at Lorillard.com. Lorillard may also impose limits on certain features and services or restrict your access to parts or all of Lorillard.com without notice or liability.
PRIVACY AND SECURITY
We may give notice to our users by means of a general notice on Lorillard.com, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Lorillard respects the rights of all copyright holders and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on Lorillard.com, or your intellectual property rights have been otherwise violated, please provide Lorillard’s Copyright Agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
Notification must be submitted to the following Designated Agent:
P.O. Box 10529
Greensboro, NC 27404-0529
Tel: (336) 335-7000
This contact information is for notices of copyright infringement only.
To be effective, the notification must be a written communication that includes the following:
(1) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Through this provision Lorillard seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512 or elsewhere in the law.
NO LEGAL ADVICE
Nothing contained on Lorillard.com is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between Lorillard and you by your using Lorillard.com. The information provided on Lorillard.com is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.
LORILLARD.COM AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH LORILLARD.COM (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. LORILLARD.COM INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LORILLARD, ITS LICENSORS, EMPLOYEES, AND THE LIKE, DO NOT WARRANT THAT LORILLARD.COM AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT LORILLARD.COM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT LORILLARD.COM AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, LORILLARD, AND ON BEHALF ITS LICENSORS, EMPLOYEES, AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO LORILLARD.COM. YOUR USE OF LORILLARD.COM IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LORILLARD, ITS LICENSORS, EMPLOYEES, AND THE LIKE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, LORILLARD.COM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LORILLARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LORILLARD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless and upon request defend, Lorillard, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of Lorillard.com and/or breach of these Terms. Lorillard reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Lorillard in asserting any available defenses.
Lorillard.com is maintained by or on behalf of Lorillard, located in the State of North Carolina, United States of America. We make no representation that these materials are appropriate or available for use in any particular location. If you use Lorillard.com, you are responsible for compliance with applicable laws. By downloading or using content or features of Lorillard.com, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.
Lorillard makes no representation that materials on Lorillard.com are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access Lorillard.com from other locations do so on their own initiative and are responsible for compliance with local laws.
Software available through Lorillard.com is subject to U.S. export controls. No software available from Lorillard.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. now or in the future embargoes goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial Orders, or anyone subject to any other U.S. export restrictions. By downloading or using any software available on a Lorillard.com or from a link to Lorillard.com, you agree to the foregoing and you warrant that you are not located in, under the control of, or a national or resident of any such country on any such list, or otherwise in violation of U.S. export restrictions.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Actions brought under this Agreement shall be brought in the State of North Carolina. User agrees and submits to the jurisdiction of such courts for the purpose of litigating any claim or action related to this Agreement.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein or expressly stated at Lorillard.com, the terms of this agreement constitute the entire agreement between you and Lorillard with respect to Lorillard.com and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Lorillard with respect to Lorillard.com. If any part of these Terms & Conditions or terms specific to Lorillard.com is held invalid or unenforceable the remaining portions shall remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Lorillard reserves the right, in its sole discretion, to terminate your access to Lorillard.com. If you have any problems with these Terms & Conditions or with Lorillard.com your sole and exclusive remedy is to cease using the website(s).
In the event that your access terminates as provided herein or you cease using Lorillard.com, these Terms & Conditions shall survive.
If you have any questions regarding these Terms & Conditions, please contact us at firstname.lastname@example.org. If you have any other questions regarding Lorillard.com, please contact us at:
P.O. Box 10529
Greensboro, NC 27404-0529
Tel: (336) 335-7000
These Terms & Conditions were last updated on June 29, 2009.