Some features on the Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. Some features on the Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you agree to notify COC immediately in writing. COC may assume that any information or materials provided under your password have been made by you unless COC receives written notice otherwise.
You or third parties acting on your behalf are not allowed to frame the Site 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 Site without COC’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without COC’s express written consent.
Our Site may include links to other websites, some of which may be operated by COC and others of which are operated by third parties. We provide these links solely for your convenience and information. These websites, including those operated by COC, may have their own privacy notices, which we strongly suggest you review if you visit any of linked websites. We are not responsible for the content of these websites, any products or services that may be offered through those or use of these websites. 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. COC is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. You should review the site policies and terms of use of any linked sites.
ACCURACY, COMPLETENESS & TIMELINESS ON THE SITE
COC is not responsible if information made available on the Site is not accurate, complete or current. The material on the 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 the Site is at your own risk. The 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 the 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 MATERIALS FROM THE SITE
All content on the Site (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 the exclusive property of and owned by COC, its licensors or its content providers and is protected by copyright, trademark and other laws of the United States and other countries. We authorize you to browse through the Site and print and download copies of materials on the Site for your personal and non-commercial use only, so long as you do not modify or remove any copyright, trademark or other proprietary notice that appears on the material you copy, print or download. Any other use of content on the Site, 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 Site, or use of content or the Site for purposes competitive to COC, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. COC reserves the right to refuse or cancel any person’s registration for the Site, remove any person from the Site or prohibit any person from using the Site for any reason whatsoever. COC, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights therein, and provide this material to you under a license that is revocable at any time in COC’s sole discretion. COC does not warrant or represent that your use of materials on the Site will not infringe rights of third parties not affiliated with COC.
You may not use contact information provided on the Site 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 Site, (ii) surreptitiously intercept, record, or modify any system, data or personal information from the Site, or (iii) conduct any other unauthorized activity that compromises the security of the Site, 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 Site in any way. COC reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which COC may be entitled at law or in equity.
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 Site any content that (i) is confidential, proprietary, false, libelous, defamatory, fraudulent, obscene, or threatening; (ii) infringes on a third party’s 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; (iii) is harassing, abusive, illegal or otherwise objectionable; (iv) 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 (v) may contain malicious software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising, 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 source or origin of any content. You may not upload commercial content onto the Site.
If you submit information or materials to the Site and unless we indicate otherwise, you hereby grant COC an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, copy, modify, adapt, upload, perform, publish, transmit, broadcast, license, reverse engineer, translate, create derivative works from, transfer, sell, distribute and display such material throughout the world in any media. You further agree that COC is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to COC. You grant COC the right to use the name you submit in connection with such material, if we so choose. All personal information provided and collected via this Site will be used in accordance with the
Privacy Statement of this Site, which may be updated periodically. You represent and warrant that you own or otherwise control all the rights to the content you post; that such content is accurate; that use of such content by us does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify COC for all claims resulting from any information or materials you supply.
Trademarks, logos and service marks displayed on the Site are property of or are licensed to COC. The Site may also include trademarks or service marks of third parties. All of these trademarks, logos and service marks are the property of their respective owners and you agree not to use or display them in any manner with the prior written permission of the applicable trademark owner. Nothing on the Site 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 Site without the owner’s prior written permission, except as otherwise described herein. COC reserves all rights not expressly granted in and to the Site and its content. The Site 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 on a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at the following:
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 person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
- A description of the copyrighted work you claim has been infringed;
- A description of the material you claim is infringing and the location on the Site, by providing the URL to the page containing the material;
- 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, and 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 exclusive right that is allegedly infringed.
If you believe that content has been taken down improperly from the Site or that access to material on the Site 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 COC may be found, and (ii) you will accept service of process from the claimant who provided COC’s designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.
COC is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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. COC 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 NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; 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 MALWARE-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 COC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. COC 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 JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES; IN SUCH CASE, CERTAIN PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, NEITHER COC NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL 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 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 COMMUNICATIONS, INCLUDING ELECTRONIC MAIL MESSAGES, YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, MALICIOUS SOFTWARE, 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, 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 COC NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE 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.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THIS SITE OR OF THE SYSTEMS TRANSMITTING THIS SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.
You agree to indemnify, defend and hold harmless COC and its 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 Site 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.
Any dispute, claim, or controversy arising out of or relating to these Terms of Use, your use of the Site 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.
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 arising out of or relating to these Terms of Use. The Site is operated in the United States. 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. This Site has been designed to comply with the laws of the Commonwealth of Virginia and of the United States. If any information or materials 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
COC reserves the right, at its sole discretion, to change these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site 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 Site.
These Terms of Use constitute the entire agreement and understanding between you and COC with respect to the use of this Site, 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 Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
If you have any questions or comments about these Terms of Use or the Site, please contact us by email at cocinfo@consumeropinioncenter.com or by phone at 1-800-9267-COC (1-800-926-7262).
You also may write to us at:
Consumer Opinion Center
601 E. Jackson Street
Richmond, VA 23219