PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING WAIVERS OF CERTAIN RIGHTS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION OBLIGATIONS. THESE TERMS ALSO REQUIRE THAT DISPUTES BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN THROUGH COURT PROCEEDINGS. FOR FURTHER DETAILS, PLEASE SEE THE "AGREEMENT TO ARBITRATE" SECTION BELOW.
These Terms of Use apply to each of the following Altria Group, Inc. (“Altria”) company websites: Altria (altria.com), Philip Morris USA Inc. (philipmorrisusa.com), U.S. Smokeless Tobacco Company (ussmokeless.com), John Middleton Co. (johnmiddletonco.com), and NJOY, LLC (njoy-llc.com) (individually, and collectively, the “Altria Company Website” or “Websites”). This Altria Company Website offers all information, tools and services available to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated herein. When you use this Altria Company Website, you also agree to our data collection and use practices as described in, and all other provisions of, the Privacy Statement (“Privacy Statement”) linked to the Altria Company Website. If you do not agree to these Terms of Use or the linked Privacy Statement, you should immediately cease use of the Altria Company Website.
Company Structure
Altria Group, Inc., is the parent company of Altria Client Services LLC (“ALCS”), Philip Morris USA Inc., U.S. Smokeless Tobacco Company LLC, John Middleton Co., Helix Innovations LLC, and NJOY, LLC, each of which operates separate businesses. Throughout the Altria Company Websites, the terms "we," "us" and "our" refer, as appropriate in the context, to ALCS, Philip Morris USA Inc., U.S. Smokeless Tobacco Company LLC, John Middleton Co., Helix Innovations LLC, NJOY, LLC, or one or more of the Altria Group, Inc.’s direct or indirect subsidiaries. Featured products and positions on issues included on the Altria Company Websites are products or positions of the separate businesses operated by the appropriate subsidiary company.
Purpose of Company Websites
The Altria Company Websites are operated for the purpose of providing general information about our companies and the separate businesses of certain of our subsidiaries. The Altria Company Websites are not operated for advertising or marketing purposes. Nothing on the Altria Company Websites should be regarded as an offer to sell, or a solicitation of an offer to buy, any product of any Altria company. 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 Altria Company Websites require registration. By registering at and in consideration of your use of the Altria Company Websites 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 Altria Company Websites 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 Altria Company Websites without our express written consent. Further, you may not utilize any Altria Company Website content in any meta tags or any other “hidden text” techniques or technologies without our express written consent.
Links
The Altria Company Websites may include links to other sites, some of them operated by other Altria 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. Third party sites operate independently and may have their own terms of use in place, which we suggest you review if you visit any linked site. We have not necessarily reviewed all of the information on third party sites and are not responsible for the content of any third-party sites or any products or services that may be offered through third party sites. Third party sites may contain information with which we do or do not agree. Inclusion of links to third party sites should not be viewed as our endorsement of the content of linked sites. We are not responsible for any confidential or personal information you provide in connection with your visit or access to any of these third-party sites or for any losses, damages or other liabilities incurred as a result of your use of any linked third-party sites.
Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information made available on the Altria Company Websites is not accurate, complete or current. The material on the Altria Company Websites 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 Altria Company Websites shall be at your own risk. The Altria Company Websites 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 Altria Company Websites at any time, but we have no obligation to update any information on the Altria Company Websites. You agree that it is your responsibility to monitor changes to the Altria Company Websites.
Use of Materials From This Site
The Altria Company Websites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the property of Altria 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 Altria Company Websites and print and download copies of material on the Websites 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 Altria Company Websites, 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 Altria Company Websites, or use of the Altria Company Websites for purposes competitive to Altria, is expressly prohibited.
You agree to abide by all additional restrictions displayed on the Altria Company Websites as it may be updated from time to time. We reserve the right to refuse or cancel any person’s registration for the Altria Company Websites, remove any person from the Websites or prohibit any person from using the Websites for any reason whatsoever. We or our affiliates retain full and complete title to the material provided on the Altria Company Websites, 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 Altria Company Websites will not infringe rights of third parties not affiliated with Altria.
You may not use contact information provided on the Altria Company Websites for unauthorized purposes, including marketing. You may not (i) use any hardware or transmit software, viruses, or malicious code intended to damage or interfere with the proper working of the Altria Company Websites, (ii) surreptitiously intercept, record, or modify any system, data or personal information from the Altria Company Websites or (iii) conduct any other unauthorized activity that compromises the security of the Altria Company Websites, such as hacking, password mining, and social engineering (e.g. phishing). You agree not to interrupt or attempt to interrupt the operation, functionality, and integrity of the Altria Company Websites in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Altria Company Websites 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 Altria Company Websites 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 Altria Company Websites.
If you do submit material, and unless we indicate otherwise, you grant us and our affiliates 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 and our affiliates the right to use the name you submit in connection with such content, if we so choose. All personal information provided and collected via this website will be used in accordance with the Privacy Statement of the Altria Company Website you visit, 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 and our affiliates for all claims resulting from content you supply.
Trademarks and Copyrights
The Altria Company Websites feature logos and other trademarks and service marks that are the property of, or are licensed to, various Altria companies. The Altria Company Websites 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 Altria Company Websites 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 Altria Company Websites without the owner’s prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Altria Company Websites and their content. The Altria Company Websites and all their 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 Altria Company Websites;
- 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 Altria Company Websites or that access to material on the Altria Company Websites 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 Altria may be found, and (ii) you will accept service of process from the claimant who provided Altria’s designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.
Securities of Altria Group, Inc.
We are not providing investment advice through the Altria Company Websites, and the material on the Altria Company Websites should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of any Altria company. If you decide to use any material available on the Altria Company Websites in assessing whether to buy or sell securities of Altria, 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.
Cautionary Language Regarding Forward-Looking Statements
The Altria Company Websites may contain statements, estimates or projections that constitute “forward-looking statements” as defined under the U.S. federal securities laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Altria’s historical experience and our present expectations or projections. Altria undertakes no obligation to publicly update or revise any forward-looking statements.
Disclaimers
YOUR USE OF THE ALTRIA COMPANY WEBSITES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ALTRIA COMPANY WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE ALTRIA COMPANY WEBSITES 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 ALTRIA COMPANY WEBSITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE ALTRIA COMPANY WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE ALTRIA COMPANY WEBSITES WILL BE SECURE; THAT THE ALTRIA COMPANY WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE WILL BE MALWARE-FREE; OR THAT INFORMATION ON THE ALTRIA COMPANY WEBSITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THE ALTRIA COMPANY WEBSITES, 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 ALTRIA COMPANY WEBSITES SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ALTRIA COMPANY WEBSITES OR THE USE OF THE MATERIALS ON THE ALTRIA COMPANY WEBSITES 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, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NEITHER ALTRIA GROUP, INC., 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 ALTRIA COMPANY WEBSITES OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE ALTRIA COMPANY WEBSITES 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 NEITHER ALTRIA GROUP, INC., NOR ANY OF ITS SUBSIDIARIES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE ALTRIA COMPANY WEBSITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE ALTRIA COMPANY WEBSITES. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ALTRIA COMPANY WEBSITES 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 ALTRIA COMPANY WEBSITES OR OF THE SYSTEMS TRANSMITTING THE ALTRIA COMPANY WEBSITES 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 Altria Group, Inc., 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 your use of the Altria Company Websites and any violation of these Terms of Use. 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.
Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms of Use, your use of this Altria Company Website shall be resolved exclusively through final and binding arbitration, rather than in court. Arbitration shall be conducted in the Commonwealth of Virginia by an arbitrator associated with a recognized alternative dispute resolution organization (e.g. AAA, JAMS). The Federal Arbitration Act (FAA) shall govern the interpretation and enforcement of this provision.
You agree that you may bring claims only in an individual capacity and not as a class member in any purported class action or representative proceeding. The arbitrator shall have the authority to grant any remedy available under applicable law but may not consolidate claims or preside over any form of class arbitration.
By agreeing to these Terms of Use, you acknowledge that you understand and agree to this arbitration provision, including the waiver of your right to a trial or participation in a class action lawsuit.
Jurisdiction
Altria Group, Inc., is headquartered in Richmond, VA in the United States of America, and the Altria Company Websites are operated in the United States. The laws of the Commonwealth of Virginia govern these Terms of Use and your use of the Altria Company Websites, 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 Altria Company Websites from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Altria Company Websites, or your use of the Altria Company Websites, is contrary to the laws of the place where you are when you access it, the Altria Company Websites are not intended for you, and we ask you not to use the Altria Company Websites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Changes 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 Altria Company Websites. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of the Altria Company Website following the posting of changes to these Terms of Use signifies that you accept the changes. If you do not agree to any change to these Terms of Use, you should immediately cease use of the Altria Company Websites.
Miscellaneous
These Terms of Use constitute the entire agreement and understanding between you and us with respect to use of the Altria Company Websites, 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 Altria Company Websites 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 Altria Company Websites, please click here or write us at:
Altria Client Services LLC
Law Department
2325 Bells Road
Richmond, VA 23234