Terms & Conditions

Effective December 1, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

These Terms of use govern your access to and use of www.turningpointbrands.com and any web page or subpages thereof (this Website), which is owned and operated by Turning Point Brands, LLC (“Turning Point”). References to “Turning Point Brands,” “Turning Point,” “we,” or “us,” shall refer to Turning Point Brands, LLC, along with its members, directors, officers, employees, and any of its related or affiliated entities, licensors or licensees, including, without limitation, National Tobacco Company, L.P. and North Atlantic Operating Company, Inc. Reference to “you” and “your” shall refer to any party who accesses or uses this Website.

By accessing and using this Website, you have entered into a valid contract and agree to be bound by these Terms of use. We may terminate your access to and use of this Website, without notice to you, in the event you violate any of the terms and conditions contained in these Terms of use. Turning Point may modify or terminate these Terms of use at any time without notice, and such modified Terms of use shall be effective immediately upon the posting of such modified Terms of use on this Website. Your continued access to or use of this Website shall constitute your conclusive acceptance of the modified terms. IF YOU DO NOT AGREE TO THESE TERMS OF USE DO NOT ACCESS OR USE THIS WEBSITE.

Lawful Conduct. You shall comply with all applicable laws and regulations when accessing and using this Website. If you become aware of any unlawful, offensive, or objectionable materials on this Website, please promptly notify us at the contact information provided below.

Intellectual Property. This Website and all content on this Website, including, without limitation, trademarks, service marks, text, graphics, icons, images, videos, html code, and the overall appearance of this Website are the exclusive property of Turning Point or its licensor(s) (if any), and are protected by federal, state, and international copyright and trademark laws. You shall not modify, copy, reproduce, republish, upload, post, transmit, sell, distribute, make any derivative work from, or otherwise use, in any form or manner, this Website or the content thereof, without first obtaining the express prior written consent of Turning Point to do so.

Risk. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS AND EXPOSURE TO THIS WEBSITE IS AT YOUR SOLE RISK. You also acknowledge and agree that you, and not Turning Point, are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services required to access and use this Website, and for paying all charges therefor.

Links to Others. This Website may include links to other sites, some of them operated by us and some of them 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 other third party sites and are not responsible for the content of any other third party sites or any products or services that may be offered through other third party sites. Third-party sites may contain information with which we do or do not agree. Inclusion of links to other sites should not be viewed as our endorsement of the content of linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked third party sites.

Different terms and conditions may apply to your use of any linked sites. You should review the site policies and terms of use of any linked sites.

Privacy. We may collect personal information that you voluntarily provide to us. We will not share your personal information except: i) We sometimes contract with other entities to perform services on our behalf. They may have access to your personal information, but they are only permitted to use it for the purpose of providing services for us; ii) In the event a portion or all of our business is sold or merged with another entity, your personal information may be transferred to the other entity as a part of the business transfer or merger; iii) We may disclose information about you if we have a good faith belief that it is necessary in order to: (a) protect and defend the rights, property or safety of Turning Point, other visitors to this Website, or the public; (b) enforce these Terms and Conditions or (c) respond to claims that any content violates the rights of third-parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Please understand that by providing us with your contact information, you are authorizing us to communicate with you (electronically or otherwise) regarding our products, promotions, or other subjects we believe may be of interest to you. Please be aware that once you leave this Website, use of any information you provide on another site is governed by the Privacy Policy of the operator of that site.

Cookies. This Website may use cookies. Cookies are little messages given to your web browser by a Web server. Your computer stores the message as a text file, which is sent back to the server each time you access the server. Cookies help us make sure only authorized users use the Website, and collect anonymous information about how visitors use the Website. We do not use cookies to track or collect personal information. If you are concerned about cookies, consult your browser’s Help documentation for more information about how to turn cookies on and off.

Access to and Amendment of Information

You can ask to review and correct the personal information that we maintain about you by Contacting Us.

Information Storage and Security

This Website and all information you voluntarily submit is collected, stored, and processed in the United States. We use reasonable physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. Regardless of the effectiveness of our security measures, no security system is completely impenetrable. Accordingly, we cannot guarantee the security of our database or any communication you may send to us.

Your Information. You affirm that any information you voluntarily provide to us is personal to you (that is, the information relates to you and not another person) and is true and complete. You shall timely and accurately update your information as appropriate.

No Children. This website is not directed to anyone under the age of eighteen (18) and Turning Point will not knowingly collect any personally identifiable information from anyone under the age of eighteen (18). Do not use this Website if you are under eighteen (18) years of age.

Disclaimers. Turning Point PROVIDES THIS WEBSITE AND ITS CONTENT “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATION, OR ENDORSEMENTS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND Turning Point DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES. Turning Point DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE INFORMATION, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE ARE OR WILL BE ACCURATE, COMPLETE, CURRENT, TIMELY, AVAILABLE, SECURE, RELIABLE, OPERABLE, OR USEFUL, AND THIS WEBSITE AND ITS CONTENT IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO YOU. Turning Point DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, IT’S CONTENT, OR THE SERVERS THAT HOST OR PROVIDE THIS WEBSITE ARE OR WILL BE FREE OF VIRUSES, UNINTERRUPTED, OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.

Limitation of Liability. NEITHER Turning Point NOR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR RELATED ENTITIES SHALL BE LIABLE FOR ANY CLAIMS, LIABILITIES, COSTS, LOSSES, EXPENSES, OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACCESS TO OR USE OF THIS WEBSITE OR ITS CONTENT. Turning Point SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND THAT ARE CONNECTED WITH THE ACCESS TO OR USE OF THIS WEBSITE OR ITS CONTENT. Turning Point SHALL NOT BE LIABLE OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF US, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR THE UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR ITS CONTENT IS TO STOP ACCESSING AND USING THIS WEBSITE.

Indemnification. You agree to indemnify, defend, and hold Turning Point harmless from and against any damages, losses, costs, expenses, judgments, fines, fees, and other liabilities Turning Point may incur (including attorneys’ fees and court costs) resulting from any claims, causes of actions, lawsuits, or proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities connected with this Website or its content; (b) your violation of these Terms of Use or the law; (c) any allegation that your conduct, or any materials you make available on or through this Website, infringe or otherwise violate the rights of another, whether contractual, legal, or otherwise (including intellectual property rights, privacy rights, or rights of publicity); or (d) your violation of any rights of any visitor to this Website or any other third party.

Miscellaneous

You may not assign or delegate any of your rights or obligations under these Terms of Use.

Turning Point’s failure or delay in exercising any right or remedy it may have under these Terms of use shall not operate as a waiver thereof. If any term of these Terms of use is determined to be invalid, illegal, or unenforceable in any jurisdiction, then that term shall be limited or removed to the extent necessary, and such invalidity, illegality, or unenforceability shall not affect any other term of these Terms of Use. Turning Point’s remedies shall be cumulative, and its pursuit of one remedy shall not preclude it from pursuing any and all other remedies available to it.

Governing Law. These Terms of use are governed by, and shall be construed in accordance with, the laws of the Commonwealth of Kentucky without giving effect to its or any other jurisdiction’s conflict of laws rules or principles. You agree to submit to personal jurisdiction and venue within the courts located in Jefferson County, Kentucky with respect to all matters related to this Website or your access to and use thereof. You waive any objection to proceedings in such courts on the grounds of lack of personal or subject matter jurisdiction, improper venue, or inconvenient forum.

Entire Agreement. These Terms of use constitute the entire agreement between you and Turning Point regarding this Website and your access to and use thereof, and supersede all prior and contemporaneous understandings and agreements with respect to such subject matter.

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