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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
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of the changes. Therefore, please review the Terms periodically.
Your continued use of this site following the posting of changes
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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
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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
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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
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NEITHER WE NOR ANYONE (PERSON OR ENTITY) INVOLVED
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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,
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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
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DOWNLOADING
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THIS SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY
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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
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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.
SERVICE
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.
SUBMISSIONS
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.
INDEMNIFICATION
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.
MISCELLANEOUS
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.