If you do not agree to these Terms, please do not use our site. We reserve the right, at our sole discretion, to change, modify or otherwise alter (“changes”) these Terms at any time and from time to time at our sole discretion. Such changes shall become effective immediately upon the posting of the changes. Therefore, please review the Terms periodically. Your continued use of this site following the posting of changes will mean you accept these Terms as changed.
DISCLAIMERS AND LIMITATION OF LIABILITY THIS SITE AND ALL OF ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENTS ON THE SITE AND WE ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ITS INFORMATION AND/OR CONTENT; (B) THE AVAILABILITY FOR USE OF ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY SUCH AS BUT NOT LIMITED TO COPYRIGHTED, PATENTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY APPEAR IN THIS SITE; (C) COMPUTER VIRUSES, WORMS OR BUGS OR ANY OTHER DIGITAL OR ELECTRONIC MATTER THAT THIRD PARTIES MAY EMBED IN OR ATTACH TO THIS SITE OR ANY CONTENTS OF THIS SITE, OR IN MATERIAL OR CONTENT PROVIDED FOR DOWNLOADING FROM THIS SITE, (D) ANY SOFTWARE MADE AVAILABLE FOR DOWNLOADING, COPYING OR OTHER USE THROUGH THIS SITE WHETHER OUR OWN OR THAT OF THIRD PARTIES; (E) THE MERCHANTABILITY, FITNESS FOR USE, TITLE AND/OR NON-INFRINGEMENT OF ANY OR ALL OF THE CONTENTS OF THIS SITE; (F) THAT FUNCTIONS CONTAINED ON THIS SITE OR IN ANY OF THE CONTENT ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AND ITS CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS, BUGS OR OTHER HARMFUL COMPONENTS WHATSOEVER.
NEITHER WE NOR ANYONE (PERSON OR ENTITY) INVOLVED IN THE CREATION, DESIGN, MAINTAINANCE OR DELIVERY OF THIS SITE OR WHOSE INFORMATION OR CONTENT APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER BASED ON NEGLIGENCE, CONTRACT, TORT, STATUTE OR OTHERWISE) FOR ANY COSTS, LOSSES, DAMAGES (WHETHER DIRECT, INDIRECT, COMPENSATORY, SPECIAL, LOST PROFITS, LIQUIDATED, CONSEQUENTIAL OR PUNITIVE), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF, OR USE OF THIS SITE, OR INABILITY TO USE THIS SITE, OR THE FUNCTIONS OR CONTENTS OF THIS SITE, OR ANY OF THE INFORMATION OR CONTENT OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE RELATIVE TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 THE DOWNLOAD OF ANY SUCH MATERIAL.
COPYRIGHT AND TRADEMARK NOTICE
This site and its contents are, or may be, protected by copyright , trademark, patent and other laws of the United States and may be protected by the same or similar laws of other countries and jurisdictions. Except as specifically permitted by these Terms, any copying, reproduction, display, performance or retransmission of the contents or any portion of the contents of this site is strictly prohibited. Any use of “Lorillard”, “Lorillard Tobacco Company’s Youth Smoking Prevention Program”, “KeepKidsFromSmoking.com”, or any other such trademarks, service marks, trade names, service names, or logos is strictly prohibited absent our prior written consent. In addition, the trademarks, service marks, trade names, service names and logos of third parties that appear on this site may be proprietary to their respective owners and may be used only with the owner’s express written permission.
USE OF SITE AND SITE CONTENTS
This site (including all of the materials and content appearing on the site, such as but not limited to software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, information [including information about our businesses and other public information posted about our company on this site] and other written, printed, graphic, audio and visual material, or other such elements whether or not subject to copyright protection, and the selection and arrangements thereof, and trademarks, service marks, trade names, service names, and logos, and patents are the property of Lorillard Tobacco Company and/or its parents, subsidiaries, affiliates, assigns, licensors or other respective owners and are or may be protected, without limitation, pursuant to U.S. and foreign laws. The site content may be copied, reproduced, downloaded and used according to these Terms, provided that: (1) you keep intact (without deletion, change, alteration or modification) all copyright, trademark, patent and other proprietary notices, and you make no modifications to such notices; (2) copyright notices must appear on every copy or reproduction of such materials in the form: “date © Lorillard Tobacco Company’s Youth Smoking Prevention Program”. Used With Permission. All rights reserved.”; (3) you only use any content for a one-time one-copy non-exclusive non-commercial, personal purpose; (4) you do not alter, disassemble, decompile, reverse engineer, edit, condense, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, upload, or broadcast any content, or circulate any content to any third party (including, without limitation, the display and distribution of content via a third party Web site) without the express prior written consent of Lorillard Tobacco Company; (5) you do not use these materials, or this website, to ridicule, disparage, threaten, defame, harass or annoy anyone. If you would like to use, copy, upload or retransmit any of our content, (except as stated in this paragraph) call or e-mail us to request written permission.
The contents of this site may contain documents, images, information and other materials not proprietary to us, such as photographs, clip art, film clips, musical passages, audio track or sound effects elements, or the names, trade names, trademarks, service marks logos or designations of third parties. Any use whatsoever of any of these materials may be strictly prohibited by such third party unless the prior written permission of such appropriate third party has been obtained. ANY UNAUTHORIZED OR PROHIBITED USE OF CONTENT MAY SUBJECT THE OFFENDER TO CIVIL LIABILITY AND CRIMINAL PROSECUTION UNDER APPLICABLE FEDERAL AND STATE LAWS.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES realparentsrealanswers.com provides Rules of Participation (which may be characterized as Official Rules, Terms and Conditions, and the like) for certain activities on this Site including, without limitation, contests, sweepstakes and electronic postcards. These Terms are incorporated by reference into the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms and specific Rules of Participation, the Rules of Participation for the activity shall govern.
THIRD PARTY HYPERLINKS AND LIMITATION OF LIABILITY
In the event any appearance of hyperlinks to third party web sites, and/or postcards generated by third parties, on this web site, that appearance does not constitute endorsement by KeepKidsFromSmoking.com, its parents, subsidiaries and affiliates of the opinions or views expressed by those third party Web sites or any goods or services which may be offered by those Web sites. Lorillard Tobacco Company and KeepKidsFromSmoking.com do not verify, endorse, or take responsibility for and expressly disclaim the relevancy, accuracy, currency, completeness or quality of the content contained at those sites. Furthermore, we are not responsible for, and expressly disclaim responsibility for, the quality or delivery of any goods or services offered, accessed, obtained by or advertised at such sites. As such, neither Lorillard Tobacco Company nor its parents, subsidiaries or affiliates will be responsible for any errors or omissions or for the results obtained from the use of any information contained in these sites or the goods and services of those sites.
We explicitly disclaim any responsibility and make no representations or warranties of any kind as to the security of any information you might be requested to provide any third-party, and the content of any third party site; and you hereby irrevocably waive any claim against us with respect to such sites’ security and content. We encourage you to make appropriate investigation before proceeding with any online or offline viewing, communication with, or transaction with, any of those third parties.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LORILLARD TOBACCO COMPANY, KEEPKIDSFROMSMOKING.COM, ITS PARENT, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING FROM, RELATED TO, OR CAUSED, DIRECTLY OR INDIRECTLY, BY THE ACCESS TO, USE, EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED ON, OR THE GOODS OR SERVICES OF, ANY THIRD PARTY SITES.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service of this site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Further we reserve the right to restrict or terminate any user’s right to use this web site, at our sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the web site through an available access provider. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the web site. You agree that you will not hack, tamper with, or misuse this site in any manner whatsoever, nor will you act in a disruptive manner, or with intent to annoy, abuse, or threaten any person.
If at our request you send content, or you send us without our request creative suggestions, ideas, notes, drawings, or other information (collectively, the “submissions”), the submissions shall be deemed, and shall remain, our property. None of the submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any submissions or portions thereof. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submission’s provider.
You agree to indemnify, defend and hold harmless, Lorillard Tobacco Company, RealParentsRealAnswers.com, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Web site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and expenses, resulting from any violation of these Terms by you or any person under your direction or control. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
This Web site is intended for residents of the United States only. No software from this Web site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export Restrictions.
These Terms contain the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of North Carolina applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any action in law or in equity shall be exclusively in the State of North Carolina.