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John Middleton Co.

Effective Date: March 2010

Terms of Use

This site is operated by John Middleton Co. Throughout the site, the terms "John Middleton," "Middleton," "we," "us" and "our" refer to John Middleton Co. John Middleton offers this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

Links

This site may include links to other sites, some of them operated by other Altria Group, Inc. companies 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 sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Third-party sites may contain information with which Philip Morris USA Inc., does or does not agree. 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. You should review the site policies and terms of use of any linked sites.

Purpose of This Site

This site is operated for the purpose of providing information on the diverse products and services offered by John Middleton. The site is not operated for advertising or marketing purposes. Nothing on this site should be regarded as an offer to sell, or a solicitation of an offer to buy, any product of John Middleton. 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 This Site

We are not responsible if information we make available on this site is not accurate, complete or current. The material on this 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 primary or more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This 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 this 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 This Site

The content of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, video, and data found on this site (collectively, the "Materials"), is the property of and owned by John Middleton or its licensors, and is protected by copyright, trademark, and other laws of the United States 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. Authorized use of the Materials is for your personal, non-commercial use only. You may display and electronically copy, download, and print hard copy versions of the material contained on the site for your personal and noncommercial use only, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you copy, download, or print. When you display, copy, download, or print any material on or from the site, it is provided to you by John Middleton or its licensors under a license that is revocable. John Middleton and its licensors retain full and complete title to the material 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.

This site (including but not limited to software, files, graphics and data found on the site) is the property of and owned by John Middleton or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. 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.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and right to grant a license to use any such material. You may not upload to, distribute, or otherwise publish through this site any content that (i) is 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 of 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 e-mail address, 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 John Middleton and its affiliates a 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 such content throughout the world in any media. You grant John Middleton and its affiliates the right to use, non-materially alter, or omit the name you submit in connection with such content. All personal information provided via this website will be handled in accordance with the site's online Privacy Statement, which may be updated periodically. You represent and warrant that you have the full right, power and authority to enter into and perform this Agreement, and have secured all third party consents, licenses, waivers, 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 Content; that the content is true, accurate, current and complete; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify John Middleton and its affiliates for all claims resulting from content you supply.

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 John Middleton and its affiliates or licensors. This 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 permission of the applicable owner. This site and all of its content are protected under copyright, trademark, and other laws of the United States 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 John Middleton 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:

1. A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;

2. a description of the copyrighted work you claim has been infringed;

3. a description of where the material you claim is infringing is located on the site;

4. your name, address, telephone number, email address and all other information reasonably sufficient to permit John Middleton to contact you;

5. 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

6. 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 John Middleton network or that access to material on the John Middleton network was improperly disabled, you may send a counter-notification to the John Middleton copyright agent identified above. Such counter-notification must contain the following information:

1. Your physical or electronic signature, or that of an authorized representative;

2. 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;

3. 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;

4. 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 John Middleton may be found, and (ii) you will accept service of process from the claimant who provided John Middleton's 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. JOHN MIDDLETON 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 NONINFRINGING; 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 JOHN MIDDLETON OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. JOHN MIDDLETON 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.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER JOHN MIDDLETON, 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 EMAIL MESSAGES 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 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.


Indemnification

You agree to indemnify, defend and hold harmless John Middleton 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.

Jurisdiction

John Middleton is organized in the Commonwealth of Pennsylvania in the United States of America, and this site is operated in the United States. The laws of the Commonwealth of Virginia govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the Commonwealth of Virginia for any action to enforce these Terms of Use. 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. 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 are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve 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 may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

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 constitute the entire agreement and understanding between you and John Middleton with respect to use of the website, 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 website 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 this site, please write us at:

Altria Client Services Inc.
c/o Communications
P.O. Box 85088
Richmond, VA 23285


Thank you for visiting our site.