A. AUTHORIZATION TO USE WEBSITE AND CONTENTS
Welcome to the USA Gold website ("Site"), which is owned and operated by Commonwealth Brands, Inc. ("Commonwealth") for the personal and non-commercial use only of those who agree to these Terms and Conditions, which are effective as of 11/1/13. Thus, these Terms and Conditions govern and control your access to and use of the Site. If you do not agree to be bound by them, you are not authorized to use the Site.
The Site is intended for use by adult smokers only. Commonwealth limits its advertising and other communications to adult smokers 21 years of age or older. If you are under 21 years of age, you must discontinue use of this Site immediately.
This Site is operated to provide general information about our company and to permit smokers 21 years of age or older to request promotional materials, including coupons. The material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any Commonwealth product. We advertise, market, and sell our products only in compliance with the laws of the particular jurisdictions in which they are sold, and in compliance with the provisions of the Master Settlement Agreement.
The information that we make available on this Site is not warranted to be accurate, complete or current. Because we provide this material for general information only, you may not rely upon or use it as a basis for making significant decisions without consulting primary or more accurate, more complete or more recent official sources of information. This Site may contain certain historical information, which necessarily is not current and is provided for your general reference only.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. Reliance on the material on this Site is at your own risk. Continued use of the Site by you after any such changes shall be deemed to constitute acceptance by you of such modifications.
C. INTELLECTUAL PROPERTY OF CONTENTS
This Site and all of its contents are protected by copyright, trademark and other laws of the United States and are owned and controlled or licensed by Commonwealth or the party credited as the provider of the particular content at issue, if different than Commonwealth.
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on this Site or offered by any other means (collectively, "Comments") are provided by you on a non-confidential basis. If you do submit material, and unless we indicate otherwise, you grant Commonwealth and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media for any purpose, all without compensation. You grant Commonwealth and its affiliates the right to use the name you submit in connection with such content, if it so chooses, along with your image, likeness, and biographical data.
D. USE OF INTELLECTUAL PROPERTY
You may download or copy the contents displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, broadcast, post, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Site or any related software, without the prior written permission of Commonwealth. Any other use of the material on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited and subject to all of Commonwealth's legal remedies.
You acknowledge that you are solely responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, (iii) may contain software viruses, political campaigning, chain letters, mass mailings, charity requests, advertising, petitions for signatures, worms, "Trojan Horses" or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
You agree to indemnify, defend and hold harmless Commonwealth and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
Commonwealth in its sole discretion reserves the right to delete, block or remove any materials that Commonwealth deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to Commonwealth or any other party.
F. PROVISIONS REGARDING JURISDICTION
Commonwealth is incorporated in Kentucky, and this Site is operated throughout the United States. The laws of the state of Florida govern these Terms and Conditions and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in Florida for any action to enforce these terms and conditions. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of Florida and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You should inform yourself of the laws of your jurisdiction and comply with them.
G. GENERAL LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
Your use of this Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. Commonwealth expressly disclaims all warranties of any kind, whether express or implied, or statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Site are non-infringing; that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download any materials from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from Commonwealth or through or from the Site shall create any warranty of any kind. Commonwealth does not make any warranties or representations regarding the use of the materials on this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
in certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
To the fullest extent permitted under applicable law, you understand and agree that Commonwealth, its affiliates, their directors, officers, employees, shareholders, agents or any others involved in the creation of the Site, including third party content providers, shall not be liable for any direct, incidental, consequential, indirect, special, punitive or any other damages arising out of access to or use of any content of this Site or the content of any site or sites linked to this Site, including but not limited to Commonwealth's negligence, your access to and use of the Site, the unavailability of the Site, errors or inaccuracies contained on the Site, or the defamatory, offensive or illegal conduct of, or material posted by, any user of the Site, or for any damage to your computer, computer system or other property, during or on account of access or use of the Site or any sites to which this Site links, including but not limited to damage caused by computer software routines such as viruses, "worms" or "trojan horses," "time bombs," "drop dead devices."
These limitations apply regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this Site, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
H. COUPON POLICY
Limited to smokers 21 years of age or older. Offer available for a limited time only. Void outside the U.S.A. and where prohibited by law. Limited to one coupon offer per person during offer period.
I. SEVERABILITY AND TERMINATION
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement shall remain valid. These Terms and Conditions constitute the entire agreement and understanding between you and Commonwealth with respect to use of the Site, superseding all prior or contemporaneous communications. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Commonwealth may terminate these Terms and Conditions, terminate or suspend any of your passwords or accounts and deny you access to the Site at any time, immediately and without notice, if in its sole discretion Commonwealth considers any of your conduct unacceptable or in the event you fail to comply with any Terms and Conditions.
J. QUESTIONS AND COMMENTS
If you have any comments regarding the Site or the Terms and Conditions governing your use of the Site, please contact us:
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All Rights Reserved.