Terms & Conditions

Terms and Conditions

This website (referred to herein as “Site”) is owned and operated by ITG Brands, LLC. (referred to herein as “ITGB” or “We”). This Site is intended only for adult smokers 21 years of age or over for their personal, non-commercial use. Access to and use of this Site are subject to the following Terms and Conditions and all applicable laws.

This Site is an age-restricted website. ITGB will continually reinforce the fact that this Site is intended for adult smokers 21 years of age or older only. ITGB requires that all visitors to this Site enter their email address and establish and use a password to enter the Site.

By using this Site you accept and are bound by these Terms and Conditions without limitation, qualification or change. You represent that you have read and agree to these Terms and Conditions at all times while using this Site. If at any time you determine that you do not accept all of these Terms and Conditions, you must immediately discontinue use of this Site and destroy all materials and copies of materials obtained from this Site. You may not use this Site in any way that involves a failure to abide by any Term or Condition. These Terms and Conditions apply to all proprietary pages, images, text, programs and other material available throughout this Site.

ITGB reserves the right to change these Terms and Conditions at any time at its sole and exclusive discretion. It is your responsibility to check these Terms and Conditions periodically for changes. By continuing to use this Site after a change is made, you accept and are bound by the modified Terms and Conditions. Only ITGB may alter these Terms and Conditions.

DISCLAIMERS AND LIMITATION OF LIABILITY

THIS SITE AND ALL OF ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENTS ON THE SITE AND WE ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ITS INFORMATION AND/OR CONTENT; (B) THE AVAILABILITY FOR USE OF ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY SUCH AS BUT NOT LIMITED TO COPYRIGHTED, PATENTED, TRADEMARKED OR PROPRIETARY MATERIALS OF THIRD PARTIES THAT MAY APPEAR IN THIS SITE; (C) COMPUTER VIRUSES, WORMS OR BUGS OR ANY OTHER DIGITAL OR ELECTRONIC MATTER THAT THIRD PARTIES MAY EMBED IN OR ATTACH TO THIS SITE OR ANY CONTENTS OF THIS SITE, OR IN MATERIAL OR CONTENT PROVIDED FOR DOWNLOADING FROM THIS SITE, (D) ANY SOFTWARE MADE AVAILABLE FOR DOWNLOADING, COPYING OR OTHER USE THROUGH THIS SITE WHETHER OUR OWN OR THAT OF THIRD PARTIES; (E) THE MERCHANTABILITY, FITNESS FOR USE, TITLE AND/OR NON-INFRINGEMENT OF ANY OR ALL OF THE CONTENTS OF THIS SITE; (F) THAT FUNCTIONS CONTAINED ON THIS SITE OR IN ANY OF THE CONTENT ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS SITE AND ITS CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS, BUGS OR OTHER HARMFUL COMPONENTS WHATSOEVER.

NEITHER WE NOR ANYONE (PERSON OR ENTITY) INVOLVED IN THE CREATION, DESIGN, MAINTAINANCE OR DELIVERY OF THIS SITE OR WHOSE INFORMATION OR CONTENT APPEAR ON THIS SITE SHALL HAVE ANY LIABILITY (WHETHER BASED ON NEGLIGENCE, CONTRACT, TORT, STATUTE OR OTHERWISE) FOR ANY COSTS, LOSSES, DAMAGES (WHETHER DIRECT, INDIRECT, COMPENSATORY, SPECIAL, LOST PROFITS, LIQUIDATED, CONSEQUENTIAL OR PUNITIVE), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, BROWSING OF, OR USE OF THIS SITE, OR INABILITY TO USE THIS SITE, OR THE FUNCTIONS OR CONTENTS OF THIS SITE, OR ANY OF THE INFORMATION OR CONTENT OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE RELATIVE TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DOWNLOADING

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR SOLE RISK AND 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.

Indemnification

You agree to indemnify and hold harmless and upon request defend, ITGB, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site and/or breach of these Terms. ITGB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ITGB in asserting any available defenses.

Contests and Sweepstakes

This Site provides Official Rules for certain activities including, without limitation, sweepstakes, contests, and e-mail services. Each has its own rules, which you must read and agree to before you may enter.

Third Party Content and Links

At certain places on this Site, users may be able to link to other Internet addresses. These other sites may or may not be under the control of ITGB, and you acknowledge that ITGB is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of the site by ITGB or any association with its operators. Use of any information on this Site or obtained from linked addresses is voluntary and reliance on it should only be undertaken after an independent review. A link or reference herein to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by ITGB.

Copyright and Trademark Notice

This Site and its contents are, or may be protected by copyright, trademark, patent and other laws of the United States and may be protected by the same or similar laws of other countries. Except as specifically permitted by these Terms, any copying, reproduction, display, or retransmission of the contents or any portion of the contents of this Site is strictly prohibited. Any use of trademarks, service marks, trade names, or logos is strictly prohibited without the prior written consent of ITGB. In addition, the trademarks, service marks, trade names, service names and logos of third parties that appear on this Site may be proprietary to their respective owners and may be used only with the owner’s express written permission, and are protected pursuant to U.S. and international copyright laws.

User Access

We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at this Site. We may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.

Privacy and Security

We respect the privacy of visitors to our Site. For more information about how we use and protect the personal information you may provide through our Site, please see the section below entitled, “The Information We Collect.” Please note that ITGB reserves the right to change its privacy policy at any time without notice.

Please note that this Site may contain links to other Internet websites. Whenever you travel to another website you should review its privacy policy. ITGB is not responsible for the contents or privacy practices of third-party sites.

The Information We Collect

By submitting information to this Site you acknowledge that you are responsible for the legality, reliability, appropriateness, originality, and copyright of such materials. If you provide your email address it will only be used by ITGB to communicate with you and will not be sold to any outside companies. If you provide your mailing address ITGB will follow the privacy policy below:

ITGB is committed to respecting and protecting the privacy of our consumers. We adhere to a strict consumer information privacy policy, which includes the following key provisions:

  1. No information provided by a consumer will be sold or transferred to a third party (except that ITGB reserves the right to provide such records or information to law enforcement officials or other government entities if required to do so by law or if ITGB, in its sole discretion, believes it to be appropriate.)
  2. Only ITGB and those acting under our authority to promote our brands and issues related to our company will have access to a consumer’s data.
  3. Only names, mailing and email addresses, smoking preferences and date of birth of adult smokers who wish to receive information about our brands and programs will be maintained on our active mailing list.
  4. Adult smokers who wish to remove their names from our mailing list can do so by calling toll-free 1-866-233-6527.

ITGB reserves the right to change its privacy policy in the future.

How We Use Collected Information.

We use information you provide about yourself collected through the Site to fulfill your request for information pertaining to us; to respond to your comments and inquiries; and to offer you other services that we believe may be of interest to you.

Use of Cookies

This Site uses “cookies” to assist in identifying you when you return to this Site and may provide links to other sites that may use “cookies. This Site DOES NOT use “cookies” to collect any personal information not specifically provided by you.

Information Correction or Changes

You have the ability to correct or change certain information in our records, such as your address and contact information. Generally, you may change this information at any time and as often as necessary.

Emails

If you have provided us with your email address to subscribe to one of our services and you wish to change your address or no longer wish to receive these communications, simply follow the unsubscribe instructions that appear in these email communications.

Choice of Law

The laws of the State of North Carolina govern these Terms and Conditions and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in North Carolina for any action to enforce these Terms and Conditions.

Termination

ITGB reserves the right, in its sole discretion, to terminate your access to this Site. If you have any problems with these Terms and Conditions or with this Site your sole and exclusive remedy is to cease using the Site.