Terms of Use

Effective Date – February 6, 2020

This site is operated by John Middleton Co. Throughout the site, the terms “John Middleton,” “we,” “us” and “our” refer to John Middleton Co. When you use the John Middleton website, you agree to the terms and conditions that follow. If you do not agree to these Terms of Use, you should immediately cease use of the John Middleton website.

Purpose of Corporate Websites

The John Middleton website operates for the purpose of providing general information about our company. The John Middleton website is not operating for advertising or marketing purposes. Nothing on the John Middleton website 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.

Conduct on the Site

Some features that may be available on the John Middleton website require registration. By registering at and in consideration of your use of the John Middleton website you agree to provide true, accurate, current and complete information about yourself.

You or third parties acting on your behalf are not allowed to frame the John Middleton website or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the John Middleton website without our express written consent. Further, you may not utilize any John Middleton website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.

Links

The John Middleton website may include links to other sites, some of them operated by other Altria Group 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 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. 

Accuracy, Completeness and Timeliness of Information on This Site

We are not responsible if information made available on the John Middleton website is not accurate, complete or current. The material on the John Middleton website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on the John Middleton website shall be at your own risk. The John Middleton website 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 John Middleton website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the John Middleton website.

Use of Materials From This Site

The John Middleton website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is John Middleton’s property or its licensors, and is protected by copyright, trademark and other laws of the United States and other countries. We authorize you to browse through the John Middleton website and print and download copies of material on the website for your personal, noncommercial use only, so long as you do not remove any copyright, trademark or other proprietary notices that appear on the material you copy, print or download. Any other use of content on the John Middleton website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the John Middleton website, or use of the John Middleton website for purposes competitive to John Middleton, is expressly prohibited.

You agree to abide by all additional restrictions displayed on the John Middleton website as it may be updated from time to time. We reserve the right to refuse or cancel any person’s registration for the John Middleton website, remove any person from the website or prohibit any person from using the website for any reason whatsoever. We retain full and complete title to the material provided on the John Middleton website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials on the John Middleton website will not infringe rights of third parties not affiliated with John Middleton. 

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

Materials You Submit

You acknowledge that you are 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 the John Middleton website any content that (i) is confidential, proprietary, false, fraudulent, 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; or (iii) may contain malicious software, political campaigning, chain letters, mass mailings, 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 origin of any content. You may not upload commercial content onto the John Middleton website.

If you do submit material, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You further agree that we are free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to us. You grant us the right to use the name you submit in connection with such content, if we so choose. All personal information provided via this website will be handled in accordance with the John Middleton website's online Privacy Statement, which may be updated periodically. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. 

Trademarks 

The John Middleton website features logos and other trademarks and service marks that are the property of, or are licensed to John Middleton. The John Middleton website may also include trademarks or service marks of third parties. All of these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner. Nothing on the John Middleton website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the John Middleton website without the owner’s prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the John Middleton website and their content. The John Middleton website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. 

Intellectual Property Rights of Others 

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached as follows: 

ALCS, Assistant General Counsel – IP
2325 Bells Road
Richmond, VA 23234
Telephone:  804-274-2000 
Facsimile:  804-335-2080 
Email:  ALCSDMCA@altria.com

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially 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 John Middleton website;
  • your name, address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of 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 John Middleton website or that access to material on the John Middleton website was improperly disabled, you may send a counter-notification to our 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 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.
 

Securities of John Middleton Co.

We are not providing investment advice through the John Middleton website, and the material on the John Middleton website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of John Middleton. If you decide to use any material available on the John Middleton website in assessing whether to buy or sell securities of John Middleton, please be aware that the material on this site generally reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.

Disclaimers

YOUR USE OF THE JOHN MIDDLETON WEBSITE IS AT YOUR SOLE RISK. THE JOHN MIDDLETON WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE JOHN MIDDLETON WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE JOHN MIDDLETON WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE JOHN MIDDLETON WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE JOHN MIDDLETON WEBSITE WILL BE SECURE; THAT THE JOHN MIDDLETON WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE MALWARE-FREE; OR THAT INFORMATION ON THE JOHN MIDDLETON WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THE JOHN MIDDLETON WEBSITE, 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 MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE JOHN MIDDLETON WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE JOHN MIDDLETON WEBSITE OR THE USE OF THE MATERIALS ON THE JOHN MIDDLETON WEBSITE 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 JOHN MIDDLETON WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE JOHN MIDDLETON WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE JOHN MIDDLETON WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JOHN MIDDLETON CO., NOR ANY OF ITS SUBSIDIARIES OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE JOHN MIDDLETON WEBSITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE JOHN MIDDLETON WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS, INCLUDING ELECTRONIC MAIL MESSAGES, YOU SEND TO US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, MALICIOUS SOFTWARE, 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, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE JOHN MIDDLETON WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE JOHN MIDDLETON WEBSITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JOHN MIDDLETON WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

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. 

Your Liability

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE JOHN MIDDLETON WEBSITE OR OF THE SYSTEMS TRANSMITTING THE JOHN MIDDLETON WEBSITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.

Indemnification

You agree to indemnify, defend and hold harmless us, our 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 your use of the John Middleton website and any violation of these Terms of Use. If you cause a technical disruption of the John Middleton website 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. We reserve the right, at our 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 us in the defense of such matter. 

Jurisdiction 

John Middleton Co., is headquartered in Richmond, VA in the United States of America, and the John Middleton website operates in the United States. The laws of the Commonwealth of Virginia govern these Terms of Use and your use of the John Middleton website, 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 the John Middleton website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the John Middleton website, or your use of the John Middleton website, is contrary to the laws of the place where you are when you access it, the John Middleton website is not intended for you, and we ask you not to use the John Middleton website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 

Change to These Terms

We reserve the right, at our complete discretion, to change these Terms of Use, in whole or in part, at any time, by posting revised terms on the John Middleton website. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of the John Middleton website following the posting of changes to these Terms of Use signifies that you accept the changes.

Miscellaneous

These Terms of Use constitute the entire agreement and understanding between you and us with respect to use of the John Middleton website, superseding all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the John Middleton website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. 

How to Contact Us

If you have any questions or comments about these Terms of Use or the John Middleton website, please click here or write us at:

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

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