This policy was last updated March 9, 2016
The Site is offered and made available only to users twenty-one (21) years of age or older. If you are under the age of 21, you are not permitted to access or use the Site and must exit the Site immediately.
(1) the types of information the Company collects and how it collects this information;
(2) how the Company uses the information it collects;
(3) the measures the Company takes to protect the information it collects;
(4) how you can access, update, and delete the information you give to the Site; and
(5) how you can contact the Company.
(a) Active Collection of Personal Information.
The Site offers you the opportunity to become a registered user of the Site. Your registration will give you full access to the Site. To become a registered user, you must create a user identification name and password (collectively, the “Login Information”) that you will use to access your registered account.
If you register for an account on the Site, you choose to give us personal information, including, e.g., your first and last name, date of birth, street address, city, state, zip code, email address, and telephone number. You may also provide comments, suggestions, or other information relating to the Site, the Company’s products, or the Company.
From time to time, the Site will offer you the opportunity to participate in promotions, contests, challenges, or sweepstakes (collectively, “Promotions”). You may be required to enter additional personal information to enter a Promotion. Each Promotion the Site offers will have its own entry page, which will include a list of rules describing the requirements for the Promotion.
(b) Passive Collection of Information through Tracking Technology
The Site may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags”) to compile aggregate statistics about Site usage and response rates. Pixel Tags allow the Company to count the number of users who have visited certain pages of the Site, to deliver branded services, and to help the Company determine the effectiveness of its promotional or advertising campaigns as well as the effectiveness of the Site itself. When Pixel Tags are used in HTML-formatted email messages, they can tell the sender whether and when the email has been opened.
The Site collects referrers (information your web browser passes to the Company’s web server that references the URL which you used to access the Site) and your Internet Protocol (IP) address (the number used by computers on the network to identify your computer so that you can receive data). The Site also collects other environmental variables. Environmental variables include, but are not limited to, the domain from which you access the Internet, the time you accessed the Site, the type of web browser, operating system, and platform your computer uses, the Internet address of the previous website you visited before entering the Site, the names of the pages you visit while at the Site, and the next Internet website you visit after leaving the Site.
The Company may use the information collected from you as follows:
(a) Our Business Purposes. We may use your information for the Company’s everyday business purposes such as to (1) provide services to you, (2) communicate updates, promotions, or news about the Company, its products, or events through e-mail or direct mail, (3) market our products and services, (4) monitor and conduct reviews of the Company’s products and offers, (5) help the Company improve its current products or develop new products, (6) collect demographic and geographic information about the users of the Site and its products, and (7) communicate administrative or legislative related information.
(b) Service Providers. From time to time, we may employ companies and individuals to perform certain services on our behalf (such as advertising and marketing, consulting, legal, or other services). These third-party service providers may have access to your information, but only to the extent required to perform their assigned roles, and they may not use your information for any other reason.
(e) Compliance with Law. We may release Personal Information about you if we believe such a release is necessary to comply with the law or in response to a subpoena or other legal process. The Company also reserves the right to collect and share any information the Company deems necessary to investigate or take action in connection with suspected fraud, illegal activities, possible harm to persons or property, or as otherwise required or permitted by the law.
(a) User Generated Content Functions
(b) Accuracy and Confidentiality
It is your responsibility to enter current, complete, truthful, and accurate information, and to keep such information up to date. The Company cannot and will not be responsible for any liability or other problems that may arise from your failure to enter accurate, truthful, or complete information, or your failure to update such information. You are solely responsible for maintaining the strict confidentiality of your Login Information, if applicable, and for any charges, costs, expenses, damages, liabilities, and losses the Company may suffer as a result of your failure to do so. You, not the Company, are solely responsible and liable for your activity, behavior, use, and conduct on the Site or any other activity or conduct in connection with the Site, by any others who may use your Login Information, unless and until you notify the Company that your Login Information may have been compromised, misappropriated, or improperly taken or used by another party. Any submission of information by you does not guarantee that the Company will permit you to use any or all of the features or functions of the Site.
(c) Communication with Users; Opt-Outs
The Company may contact registered users or other users who have entered personal information in connection with the Site. You may “opt out” of receiving marketing and promotional emails by following the opt-out procedure described in each email the Company sends. However, even if you opt out of receiving marketing and promotional emails, the Company may continue to email you for administrative or informational purposes, including follow-up messages regarding the administration of your account, any Promotions in which you have participated, or any content you have submitted to the Site.
The Company does not and will not send you emails asking you to provide or confirm sensitive personal information or to provide your Login Information. A technique known as “phishing” attempts to steal personal identity data and financial account credentials from consumers. “Phishers” use “spoofed” emails to lead consumers to sham websites which trick recipients into divulging personal information including credit card numbers, account usernames, passwords, and social security numbers. If you receive such an email communication purporting to be from KlondikeSmokeless.com, please forward it immediately to firstname.lastname@example.org and then delete it from your computer.
4. Third-Party Websites
The Company uses firewalls and physical controls to maintain the security and confidentiality on the Site to protect against unauthorized disclosures, use, alteration, or destruction of the information you provide to the Site. The Company limits access to the databases containing information to its key personnel. However, no security system is perfect, and we cannot guarantee that information you provide to us over the Internet will remain private. We also cannot guarantee that information you provide to us over the Internet will not be intercepted.
(a) Your Personal Information
Access to the Information you provided to the Site may be accessible for a limited period of time from the point of collection. If you are a registered user, you can access your account to review and change your information or to delete your account.
(b) Person under the age of 21
(c) The Company’s Rights
The Company reserves the right to deny access, use, and registration privileges to any user, including without limitation, a registered user, of any services, features, or functions of the Site if there is a question regarding the identity of the person accessing or attempting to access the user’s account or any services, features, or functions. In the event that the Company denies a registered user access to his or her account, the Company will provide the registered user with an explanation of why the Company cannot provide such access and the contact information the registered user should use to inquire further into the denial of access.
CN Smokeless Company, LLC
790 South Battleground Avenue
Grover, NC 28073
8. Notification of Changes
10. For California Customers Only
California Civil Code Section 1798.83 requires certain California businesses to disclose, upon a customer’s written request, (i) a list of the kinds of personal information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year, and (ii) the names and addresses of all of the third parties that received personal information from the business for direct marketing purposes during the preceding calendar year. Businesses must respond to such requests within thirty (30) days, but they are only obligated to respond to one request from a customer in a calendar year.
If you are a current customer in California, you may request this disclosure by sending an e-mail request to email@example.com listing your name, address, and e-mail address. You must also specifically indicate the nature of your request by including the following language or language substantially similar to it: “I request that you send me your third-party information sharing disclosures as required by California Civil Code Section 1798.83.” As CN Smokeless Company maintains websites for many products, please also specify which product website you are writing in reference to. Alternatively, you may mail your request to the following address:
CN Smokeless Company, LLC
790 South Battleground Avenue
Grover, NC 28073
This Agreement was last updated March 9, 2016.
1. Submitting User Content
User Content includes any and all content you submit to the Site or for display or use on the Site, including without limitation information, media, materials, photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (“User Content”).
The Site contains instructions for submitting User Content. If you have trouble submitting User Content, you may contact the Company for help, but the Company is not responsible for any failed User Content submission attempts. Proof that you submitted User Content will not be considered proof that the Company actually received such User Content.
2. Unauthorized User Content and User Content Standards
3. Rights Granted to the Company
You agree that any User Content that you or individuals acting on your behalf send to the Company via the Site will not be considered confidential or proprietary, even if the User Content is labeled “Confidential” or “Proprietary.” Further, the Company will own all User Content you submit via the Site, and by submitting the User Content to the Company, you irrevocably assign to the Company all worldwide rights, title, and interest in and to that User Content. The Company may use such User Content in any format, medium, and with any technology or devices (whether now or hereafter known or existing). The Company may display, reproduce, adapt, reformat, translate, store, modify, distribute, transmit and otherwise exploit all or any portion of your User Content on the Site or through any other distribution platform, for any purpose, without any accounting, notification, credit, payment or other obligation to you. The Company has no obligation to receive your consent or approval to take any actions with respect to any User Content you submit. The Company Rights shall commence immediately upon your submission of User Content to the Site and continue thereafter perpetually and indefinitely.
The Company shall not be required or have any obligation to display or use any User Content that you submit. The Company has no obligation to take advantage of any of its rights in any User Content you submit. You agree to release the Company from any and all claims of any suits, actions, demands, claims, liens, encumbrances, or other rights which you may or can have in relation to your User Content.
4. Financial Consideration
The Company reserves the sole and exclusive right to benefit from this Site, including the User Content submitted to this Site, without any accounting, obligation, or liability to you. The Company has no obligation to compensate you or provide you with any other consideration relating to your User Content.
6. Mandatory Arbitration / No Class Relief
To the fullest extent permissible by law, with the exception of disputes pertaining to Company’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND COMPANY RELATING TO THIS AGREEMENT SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.