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Terms of Use


Nstco.ca (the “Site”) is operated by National Smokeless Tobacco Company Limited (“NSTC”), an Altria Group, Inc. company. Throughout the Site, the terms “we,” “us” and “our” refer to NSTC. NSTC offers this Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the Site constitutes your agreement to all such terms, conditions, policies and notices.

Links


The Site may include links to other websites, some of which may be operated by other Altria Group, Inc. companies and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. NSTC is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. You should review the site policies and terms of use of any linked sites.

Purpose of the Site


This Site is operated for the purpose of providing information about NSTC. The Site is not operated for advertising or marketing purposes. Nothing on the Site should be regarded as an offer to sell, or a solicitation of an offer to buy, any product of NSTC. Such products are sold only in compliance with the laws of the particular jurisdictions in which they are sold.

Accuracy, Completeness and Timeliness of Information on the Site


NSTC is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting more accurate, more complete, or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Use of Material from the Site


This content of this Site, including but not limited to any text, software, downloads, interfaces, code, software files, graphics, photos, images, logos, icons, design, music, audio clips, video, and data, as well as the selection and arrangement thereof (collectively, the “Materials”) is the exclusive property of and owned by NSTC or its licensors, and is protected by copyright, trademark and other laws of Canada and other countries. Any unauthorized use of the Materials on this Site, including but not limited to the use, reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale, or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited. You may display and electronically copy, download and print hard-copy versions of the Materials contained on the Site for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Materials you copy, download or print. When you display, copy, download or print any Materials on or from the Site, it is provided to you by NSTC or its licensors under a license that is revocable. NSTC and its licensors retain full and complete title to the Materials and to any and all of the associated intellectual property rights. You may not authorize, encourage, or allow any of the Materials used or obtained by you to be used, reproduced, copied, modified, displayed, adapted, published, translated, publicly performed, reverse engineered, transferred, transmitted, broadcast, distributed, licensed, sold, given, or otherwise used by any third party. NSTC neither warrants nor represents that your use of Materials on the Site will not infringe the rights of third parties not affiliated with NSTC.


You agree to abide by all additional restrictions displayed on the Site and in these Terms as each may be updated from time to time. NSTC reserves the right to remove any person from the Site or prohibit any person from using the Site for any reason whatsoever.


You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site. NSTC reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which NSTC may be entitled at law or in equity.

Materials You Submit


You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, copyright and right to grant a license to use any such material. You may not upload to, distribute, or otherwise publish through the Site any content that (i) is confidential, proprietary, false, libelous, defamatory, fraudulent, obscene, or threatening; infringing on third parties’ intellectual property rights, including but not limited to trademark, copyright, or patent rights, right of publicity, right or privacy, trade secret, or other proprietary rights; or harassing, 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 applicable law, statute, ordinance, or regulation; or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the Site.


By submitting any material to this Site, and unless we indicate otherwise, you acknowledge that you have granted NSTC and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, copy, modify, display, adapt, publish, translate, create derivative works from, publicly perform, reverse engineer, transfer, transmit, broadcast, distribute, license, sell, give or otherwise make available all or any portion of such material throughout the world in any media now known or hereafter devised, in all cases without further approval or notice, and you further waive any “moral rights” that you may have in the material. You grant NSTC and its affiliates the right to use, non-materially alter, or omit the names you submit in connection with such material.


You represent and warrant that you have the full right, power and authority to enter into and perform this Agreement, and that have secured all third party consents, licenses, wavers, and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in the materials you submit; that the materials are true, accurate, current and complete; that use of the materials you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NSTC for all claims resulting from materials you supply.

Privacy


All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Statement, which may be updated periodically.

Trademarks and Copyrights


This Site may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data that are the property of NSTC and its affiliates or licensors. The Site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This Site and all of its content, are protected under copyright, trademark, and other laws of Canada and other countries.

Intellectual Property Rights of Others


We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the NSTC network.


If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:


ALCS, Assistant General Counsel – IP

2325 Bells Road

Richmond, VA 23234

Telephone: 804-274-2000

Facsimile: 804-335-2080

Email: ALCSDMCA@altria.com


The notification must include ALL of the following:

  • a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
  • a description of the copyrighted work you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • your name, address, telephone number, email address and all other information reasonably sufficient to permit NSTC to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that content has been taken down improperly from the NSTC network or that access to material on the NSTC network was improperly disabled, you may send a counter-notification to the NSTC copyright agent identified above. Such counter-notification must contain the following information:

  • your physical or electronic signature, or that of an authorized representative;
  • a description of the material that you claim has been improperly removed or to which you believe access has been improperly disabled and the location at which the material appeared before it was removed or access was disabled;
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address and telephone number, and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which NSTC may be found, and (ii) you will accept service of process from the claimant who provided NSTC designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.

DISCLAIMERS


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. NSTC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; 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 NSTC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. NSTC 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 JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY


YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER NSTC NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.


THIS LIMITATION APPLIES 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 THE LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification


You agree to indemnify, defend and hold harmless NSTC 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 of Use. 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. NSTC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NSTC in the defense of such matter.

Jurisdiction and Applicable Law


NSTC is organized under the laws of Ontario and this site is operated in the United States. Unless the applicable laws of your jurisdiction require that the laws of such jurisdiction govern, this Agreement is governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of Canada. If any Material on the 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 are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use


NSTC reserves the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the Site and will apply on a going-forward basis. Your continued use of the Site after that point signifies that you accept the changes. Your only right with respect to dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any Materials available through the Site, is to stop visiting and using the Site.

Miscellaneous


If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use and any other legal notices or statements posted on the Site constitute the entire agreement and understanding between you and NSTC with respect to use of the Site, superseding all prior or contemporaneous communications. A printed version of these Terms of Use 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.

How to Contact Us


If you have any questions or comments about these Terms of Use or the Site, please write us at:


National Smokeless Tobacco Co. Ltd.

P.O. Box 241, Point-Claire/Dorval Station

Point-Claire, Quebec

H9R 4N9


Thank you for visiting our Site.

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