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Privacy Policy

Privacy Policy was last updated on August 1, 2019

CN Smokeless Company, LLC (the “Company”) created this official privacy policy (the “Privacy Policy”) to set forth its privacy practices for KlondikeSmokeless.com (the “Site”). The Company respects your privacy and is committed to protecting it through compliance with this policy.  By using the Site, you agree to all of the terms and conditions of the Privacy Policy. Please be sure to read this entire Privacy Policy before using the Site or submitting information to the Site. If you disagree with or do not accept any part of the Privacy Policy, do not use the Site or submit any information to the Site.

The Site is offered and made available only to users twenty-one (21) years of age or older. If you are under the age of 21, you are not permitted to access or use the Site and must exit the Site immediately.

The Privacy Policy is a part of, and subject to, the Site’s Terms of Use and User Content Agreement. The Privacy Policy, the Terms of Use, and the User Content Agreement are legally binding on all users of the Site.

The Privacy Policy describes the types of information we may collect from you or that may provide when you visit the Site, and our practices for collecting, using, maintaining, protecting, and disclosing that information.  The Privacy Policy details our commitment to your privacy, including:

(1) the types of information the Company collects and how it collects this information;
(2) how the Company uses and may disclose the information it collects;
(3) the measures the Company takes to secure and protect the information it collects;
(4) how the Company secures and protects Personal Information; and
(5) how you can contact the Company.

The Privacy Policy applies to information we collect: (a) on the Site; (b) in email and other electronic messages between you and the Site; and (c) through any mobile and desktop applications you download from the Site.

Subject to Section 4 of the Privacy Policy below, the Privacy Policy does not apply to information collected by: (a) the Company through any other means other than this Site, including on any other website owned or operated by the Company or information collected offline; or (b) any third party including through any third-party application or content, including advertising, that may link to or be accessible from, or on, the Site.

1. Collection of Information

(a) Active Collection of Personal Information.

The Site offers you the opportunity to become a registered user of the Site. Your registration will give you full access to the Site. To become a registered user, you must create a user identification name and password (collectively, the “Login Information”) that you will use to access your registered account.

The Site uses Marketing Cloud, a marketing SaaS-based marketing solution provided by Salesforce.com, Inc., to allow users to create accounts and become members of the Site.  The Site also uses Marketing Cloud as a marketing automation service, to communicate with you by email if you choose to “opt-in” to the Company’s mailing list via your user account.  If you register for an account on the Site, the information you have provided to become a registered user, including your first and last name, date of birth, street address, city, state, zip code, email address, and telephone number, may be made available to Marketing Cloud.  To learn more about the way in which Marketing Cloud uses this information, please visit Salesforce.com’s privacy page, which governs the use of several of its products (including Marketing Cloud) here.

The Company also collects other information you provide. This includes, but is not limited to, any comments, suggestions, or other information that you provide on, through, or relating to the Site, and/or that relates to the Company’s products or the Company. This also includes records and copies of correspondence, including contact information, that you generate if you contact us; responses to surveys that we may ask you to fill out for research and marketing purposes; and your search queries.  This information may be made available to Marketing Cloud.

From time to time, the Site will offer you the opportunity to participate in promotions, contests, challenges, or sweepstakes (collectively, “Promotions”). You may be required to enter additional personal information to enter a Promotion. Each Promotion the Site offers will have its own entry page, which will include a list of rules describing the requirements for the Promotion.

(b) Passive Collection of Information through Tracking Technology

The Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to help analyze how users use the Site. Google Analytics uses “cookies” and other tracking technology to collect aggregate data (“Aggregate Data”) from your visits to the Site. Cookies are text files the Site places in your computer’s browser to store your preferences. Cookies do not cause damage to your computer system or files. Only the website that transferred a particular cookie to you can read, modify, or delete such cookie. Your browser should allow you to delete existing cookies, decline cookies, or give you the choice of declining or accepting cookies. Your personal information will not be extracted from the cookies. To learn more about the privacy policy of Google Analytics, refer to Google’s Policies and Principles. Use the Google Analytics Opt-out Browser Add-on to prevent analytics information from being sent to Google Analytics. The Company stores any Aggregate Data we collect from you in aggregate form. The Company is not able to identify any particular user or individual from the Aggregate Data. The Company uses the Aggregate Data it collects in a variety of ways, including but not limited to keeping count of your return visits to the Site, accumulating and reporting aggregate statistical information regarding the Site, and determining which features users prefer.

As provided above, the Site uses Marketing Cloud to provide a service by which users can become members of the Site.  Marketing Cloud also tracks user visits and activities on the Site as disclosed on Salesforce.com’s website here. Like Google Analytics, Marketing Cloud uses cookies to store your preferences.  As also provided above, the Site uses Marketing Cloud so that the Company may communicate with you by email.  Marketing Cloud uses some passive tracking tools, like web beacons (defined below), to collect information about how you and other users interact with the Company’s emails.  Again, Salesforce.com’s privacy policy can be accessed here.

In addition to Google Analytics and Marketing Cloud, we may also use automatically-collected information that help us to customize the Site to match our users’ individual interests and recognize returning users, estimate the number of website-users and their usage patterns, and increase the speed of our users’ searches.  We may use the below tools to collect this data:

“Pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “Pixel Tags”). We use these small electronic files to compile aggregate statistics about Site usage and response rates. Pixel Tags allow the Company to count the number of users who have visited certain pages of the Site, to deliver branded services, and to help the Company determine the effectiveness of its promotional or advertising campaigns as well as the effectiveness of the Site itself. When Pixel Tags are used in HTML-formatted email messages, they can tell the sender whether and when the email has been opened.

Referrers and your Internet Protocol (IP) Address. Referrers are small files containing information your web browser passes to the Company’s web server that references the URL which you used to access the Site. Your IP address is the number used by computers on the network to identify your computer so that you can receive data.

Environmental variables. Environmental variables include, but are not limited to, the domain from which you access the Internet, the time you accessed the Site, the type of web browser, operating system, and platform your computer uses, the Internet address of the previous website you visited before entering the Site, the names of the pages you visit while at the Site, and the next Internet website you visit after leaving the Site.

2. How We Use and Disclose Information

The Company may use and/or disclose your information (including your Personal Information) as follows:

(a) Our Business Purposes. We may use your information for the Company’s everyday business purposes such as to (1) provide services to you including through our subsidiaries and affiliates, (2) communicate updates, promotions, or news about the Company, its products, or events through e-mail or direct mail, (3) market our products and services, (4) monitor and conduct reviews of the Company’s products and offers, (5) help the Company improve its current products or develop new products, (6) collect demographic and geographic information about the users of the Site and its products, (7) communicate administrative or legislative related information, and (8) fulfill any other purpose for which you provide the information.

(b) Service Providers. From time to time, we may employ companies and individuals to perform certain services on our behalf (such as advertising and marketing, consulting, legal, or other services). These third-party service providers may have access to your information, but only to the extent required to perform their assigned roles, and they may not use your information for any other reason.

(c) Promotions. In the event you enter a Promotion offered through the Site which requires you to provide information, the Company reserves the right to share this information with any third party sponsors of the Promotion or otherwise in accordance with the rules applicable to such Promotion. Thus, the Company encourages you to read the rules of each Promotion thoroughly before entering a Promotion. Insofar as the rules of a Promotion conflict with this Privacy Policy, the rules of such Promotion shall apply.

(d) Business Transactions. The Company reserves the right to transfer any information collected, including personal information, in the event of a transfer of ownership, assets, securities, or bankruptcy involving the Company and in connection with Company business transactions such as buying or selling subsidiaries or engaging in joint ventures with third parties; provided, however, the Company will use reasonable efforts to direct the transferee to use any transferred information, including personal information, in a manner that is consistent with this Privacy Policy.

(e) Compliance with Law. We may release information about you if we believe such a release is necessary to comply with the law or in response to a subpoena or other legal process including any government or regulatory request. The Company also reserves the right to collect and share any information the Company deems necessary to investigate or take action in connection with suspected fraud, illegal activities, possible harm to persons or property, or as otherwise required or permitted by the law.

(f) Subsidiaries and Affiliates; Third Parties. We may disclose your information to the Company’s subsidiaries and affiliates.  Further, to the extent you have consented or not opted out, we may release your information to third parties to market their products or services to you. We require these third parties to keep your information confidential and use it only for the purposes for which we disclose it to them.

(g) Compliance with Terms of Use. We may disclose Personal Information in order to enforce our Terms of Use and any other agreements.

3. Your Responsibilities and Choices

(a) User Generated Content Functions

This Site may allow you to submit your own content to the Site through various Site functions and Promotions. Any content that you submit to or for use on the Site is subject to the terms of the User Content Agreement and may become public information. You should exercise caution if any content you submit includes any information about yourself or others, including any personal information. The Company is not responsible for the results of such submissions and it cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. By submitting any User Content to the Site, you signify your acceptance of, and agreement to follow and be bound by, the Terms of Use, the Privacy Policy, and the User Content Agreement.

(b) Accuracy and Confidentiality

It is your responsibility to provide current, complete, truthful, and accurate information, and to keep such information up to date. The Company cannot and will not be responsible for any liability or other problems that may arise from your failure to enter current, complete, truthful, and/or accurate information, or your failure to update such information. You are solely responsible for maintaining the strict confidentiality of your Login Information (as defined and further addressed in the Terms of Use), if applicable, and for any charges, costs, expenses, damages, liabilities, and losses the Company may suffer as a result of your failure to do so. You, not the Company, are solely responsible and liable for your activity, behavior, use, and conduct on the Site or any other activity or conduct in connection with the Site, by any others who may use your Login Information, unless and until you notify the Company that your Login Information may have been compromised, misappropriated, or improperly taken or used by another party. Any submission of information by you does not guarantee that the Company will permit you to use any or all of the features or functions of the Site.

(c) Communication with Users; Opt-Outs; Attempted Fraud

The Company may contact registered users or other users who have entered personal information in connection with the Site. You may “opt out” of receiving marketing and promotional emails by following the opt-out procedure described in each email the Company sends. However, even if you opt out of receiving marketing and promotional emails, the Company may continue to email you for administrative or informational purposes, including follow-up messages regarding the administration of your account, any Promotions in which you have participated, or any content you have submitted to the Site.

You may also set your internet browser to disable or refuse some or all browser cookies, to alert you when cookies are being set, and to delete some or all cookies once received.  However, if you disable or refuse cookies, some parts of the Site may not function properly.

The Company does not and will not send you emails asking you to provide or confirm sensitive personal information or to provide your Login Information. A technique known as “phishing” attempts to steal personal identity data and financial account credentials from consumers. “Phishers” use “spoofed” emails to lead consumers to sham websites which trick recipients into divulging personal information including credit card numbers, account usernames, passwords, and social security numbers. If you receive such an email communication purporting to be from KlondikeSmokeless.com, please forward it immediately to info@cnsmokeless.com and then delete it from your computer.

4. Third-Party Websites and Social Interactions

The Site may provide links to third-party websites. These websites operate independently from the Company and may have their own privacy policies or statements. We encourage you to review the privacy policy of any third-party website or resource before using it, and you accept sole responsibility for and assume all risk arising from your use of any such websites or resources.

Additionally, the Site may permit or encourage interactions among you, the Site, and/or a third-party website or service (each, a “Social Interaction”). Examples of Social Interactions may include services or technology that enable you to “like” or “share” content from the Site on or with third-party websites and/or services; to transmit content to the Site from a third-party website or service; to otherwise connect the Site to a third-party website or service; or to register for an account, login, and/or view content associated with the Company, the Site, and/or one or more third parties through social networking sites such as Facebook, Instagram, Twitter, and LinkedIn (each, a “Social Network”).

If you choose to use Social Interactions, information you post or provide access to may be publicly displayed on the Site or by the owner or operator of the applicable Social Network you are using. Similarly, if you post information on a Social Network that references the Site (e.g., by mentioning the Site or any of the Company’s related Social Network accounts, “tagging” the Company or any of its related Social Network accounts on a Social Network post or other kind of Social Interaction, or using a hashtag associated with the Site, the Company, or any of its related Social Network accounts in a tweet or status update), your post may be published on the Site in accordance with this Privacy Policy and the terms of use/privacy policy of the applicable Social Network.  Also, both the Company and the owner or operator of the applicable Social Network you are using may have access to certain information about you and your use of the Site and the applicable Social Network.  In addition, we may receive information about you in connection with other users’ use of Social Interactions (e.g., we may learn that you are a “friend” or “connection” of the third party or receive other information about you that the other user enables us to receive).

By registering with or logging onto a Social Network, you may be allowing the Site and such Social Network to access your information and you may be agreeing to such Social Network’s terms of use and/or privacy policy. We may receive information from a Social Network to enable you to connect with us, view our content, and/or augment your experience with an applicable Social Interaction. Any information that we collect from your Social Network account(s) may depend on the privacy settings you have with such Social Network.

The information we collect in connection with Social Interactions is subject to this Privacy Policy. The information collected and stored by the owner or operator of an applicable Social Network in connection with Social Interactions may be subject to such Social Network’s terms of use, privacy policies, and/or data security practices and procedures.

5. Security and Protection of Personal Information

The Company does not sell, rent, or trade any personal information you provide to the Company, nor does it disclose any such personal information to any third parties outside the Company except as specified under this Privacy Policy and except in those specific instances when a user gives the Company specific permission to do so. The Company does not sell, lease, or rent any email lists to third parties.

The Company uses firewalls and physical controls to maintain security and confidentiality on the Site to protect against unauthorized disclosures, use, alteration, or destruction of the information you provide to the Site. The Company limits access to the databases containing information to its key personnel. However, the security of your Personal Information also depends on you.  For example, to the extent we have provided you, or you have chosen, a password and/or username to access the Site, you are responsible for keeping this information confidential.  Please do not share your password or username with anyone.  The Company cannot guarantee the security of Personal Information, and, therefore, any transmission of Personal Information is at your own risk.  We also cannot guarantee that information you provide to us over the Internet will not be intercepted.

6. Access to Personal Information; Underage Users; Company Rights

(a) Your Personal Information

Access to the Information you provided to the Site may be accessible for a limited period of time from the point of collection. If you are a registered user, you can access your account to review and change your information or to delete your account.

(b) Person under the age of 21

The Site is not intended for persons under the age of twenty-one (21). Any person under the age of twenty-one (21) who accesses or uses the Site is in violation of the Terms of Use.  No one under the age of twenty-one (21) may provide any information to or on the Site. If you are under the age of twenty-one (21), do not use or provide any information on the Site or on or through any of its features, register on the Site, use any interactive or public comment features of the Site, or provide any information about yourself to us. We will not knowingly collect information via the Site from persons in this age group and will take prompt steps to delete any such information.  If we learn we have collected or received personal information from any person under the age of twenty-one (21), we will delete that information.  If you believe we might have information from or about any person under the age of twenty-one (21), please contact us immediately at info@cnsmokeless.com.

(c) The Company’s Rights

The Company reserves the right to deny access, use, and registration privileges to any user, including without limitation, a registered user, of any services, features, or functions of the Site if there is a question regarding the identity of the person accessing or attempting to access the user’s account or any services, features, or functions. In the event that the Company denies a registered user access to his or her account, the Company will provide the registered user with an explanation of why the Company cannot provide such access and the contact information the registered user should use to inquire further into the denial of access.

7. How to Contact Us

If you have any questions, requests, or concerns related to this Privacy Policy, you may contact us by emailing us at info@cnsmokeless.com or by writing to us at the following address:

CN Smokeless Company, LLC
790 South Battleground Avenue
Grover, NC 28073

8. Notification of Changes

The Company reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time by updating this posting without advance notice to you. You agree that the Company may notify you of material changes to this policy by indicating the date of the most recent update at the top of the policy, and that you will check the Site frequently for updates. If at any point the Company decides to use your information in a manner different from that stated at the time it was collected, the Company will notify you and you will be given a choice as to whether the Company may use this information in the new manner.

9. Tracking

At this time, the Site does not respond to web browser “do not track” signals. We may add this functionality in the future, and if we do, we will update this Privacy Policy to let you know.

10. For California Customers Only

California Civil Code Section 1798.83 requires certain California businesses to disclose, upon a customer’s written request, (a) a list of the kinds of personal information that the business has disclosed to third parties for direct marketing purposes during the preceding calendar year, and (b) the names and addresses of all of the third parties that received personal information from the business for direct marketing purposes during the preceding calendar year. Businesses must respond to such requests within thirty (30) days, but they are only obligated to respond to one request from a customer in a calendar year.

If you are a current customer in California, you may request this disclosure by sending an e-mail request to info@cnsmokeless.com listing your name, address, and e-mail address. You must also specifically indicate the nature of your request by including the following language or language substantially similar to it: “I request that you send me your third-party information sharing disclosures as required by California Civil Code Section 1798.83.” As CN Smokeless maintains websites for many products, please also specify which product website you are writing in reference to. Alternatively, you may mail your request to the following address:

CN Smokeless Company, LLC
790 South Battleground Avenue
Grover, NC 28073

11. For Those Subject to General Data Protection Regulation (“GDPR”)

The Company collects Personal Data, as set out in Sections 1(a) and 1(b) of the Privacy Policy, for legitimate purposes as set out in Section 2 of the Privacy Policy and related to human resources; business safety/security; managing audit and compliance matters; managing day-to-day business relationships; processing payments; expenses and reimbursements; and to continue improving our customers’ experience.  For the purposes of this section, “Personal Data” means any information, including Personal Information and Aggregate Data, relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity and includes information, that (i) relates to an identified or identifiable customer or other individual subject to the GDRP; (ii) can be linked to that customer or individual subject to the GDPR; (iii) is transferred to the Company in the U.S. from the European Economic Area or Switzerland, and (iv) is recorded in any form.  Additionally, for the purposes of this section, “Processed” is defined as any action that is performed on Personal Data, whether in whole or in part by automated means, such as collecting, modifying, using, disclosing, or deleting such data.

The Company stores your information for an indefinite period, and you have the right to obtain confirmation as to whether or not your Personal Data is being Processed.  You may contact the Company, as set forth below, and request access to your Personal Data, correction and/or completion of your Personal Data, erasure or transfer of your Personal Data, the purpose your Personal Data serves, that your Personal Data not be used for the aforementioned purposes, the types of Personal Data being Processed, and/or the recipients of your Personal Data.  Finally, you may also ask the Company to send you a copy of all of your Personal Data as maintained in the Company’s possession.  The Company will also provide, at your request, a copy of your Personal Data as being Processed.  However, to the extent you request additional copies, the Company may charge a reasonable fee based on the Company’s costs.

Additionally, you have the right to receive the Personal Data that has been collected by the Company in a structured, commonly-used, machine-readable format.  Moreover, you have the right to transmit this Personal Data to another contact at another company.

Please contact Marketing Director at info@cnsmokeless.com any questions or concerns about your Personal Data.  If access to your Personal Data, as set out above, is denied, you have the right to be informed about the reasons for denial.  In addition, you may contact your country’s regulatory body or supervisory authority.

User Content Agreement

This User Content Agreement was last updated on August 1, 2019.

This User Content Agreement (the “User Content Agreement”) is a part of the Terms of Use for KlondikeSmokeless.com (the “Site”). The User Content Agreement represents your legally binding agreement with the Company regarding any User Content (defined below) and the Company’s use, display, and/or distribution of such User Content. Any capitalized terms that are not defined herein shall have the meanings ascribed to them in the Terms of Use.

When you submit or attempt to submit User Content, you signify your acceptance of, and agreement to follow and be bound by, all of the terms and conditions of this User Content Agreement, the Terms of Use, and the Privacy Policy. The Company reserves the right to revise the User Content Agreement at any time and for any reason, without advance notice to you, as described in the Terms of Use. You agree that the Company may notify you of material changes to the User Content Agreement by placing a notice on the Site and that you will check the Site frequently for updates. The Company may terminate this User Content Agreement with you and your right to submit User Content at any time without notice to you. If you do not agree with any of the terms and conditions contained in the Terms of Use, the Privacy Policy, or this User Content Agreement, please do not submit or attempt to submit any User Content.

By submitting or attempting to submit User Content to the Site or to any of the Company’s related social networking accounts, you certify that you are over twenty-one (21) years of age, as required by the Terms of Use. The Company will not knowingly collect content or information via the Site from visitors under the age of twenty-one (21) and will take prompt steps to delete any such content or information if notified that any has been inadvertently collected.

1. Submitting User Content

User Content includes any and all content you submit to the Site or to any of the Company’s related social networking accounts or for display or use thereon, including without limitation information, media, materials, photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (“User Content”).

Each time you submit, or attempt to submit, User Content to the Site or to any of the Company’s related social networking accounts, you will be confirming your acceptance of, and agreement to abide by, all the terms and conditions of this User Content Agreement. The Company may request information about you and your submission when you attempt to submit User Content, such as a descriptive title for your User Content and the location where you created such User Content. By submitting User Content, you agree that any of the information you provide to the Company that in any way relates to such User Content will also be considered User Content, even though some of this information may be considered personal information, as described in the Site’s Privacy Policy.

Videos can be uploaded to the Site through YouTube. You must have a YouTube account to submit any User Content involving video technology. As mentioned in the Terms of Use, the Company and the Site are unaffiliated with YouTube.  Because uploading videos to the Site through YouTube subjects you to YouTube’s terms of use and privacy policy, the Company encourages you to read YouTube’s terms of use and privacy policy before submitting any User Content through your YouTube account.

Photos can be uploaded to the Site through Instagram.  You must have an Instagram account to submit any User Content comprised in whole or in part of photographs.  Because uploading photos to the Site through Instagram subjects you to Instagram’s terms of use and privacy policy, the Company encourages you to read Instagram’s terms of use and privacy policy before submitting any User Content through your Instagram account.

The Site contains instructions for submitting User Content. If you have trouble submitting User Content, you may contact the Company for help, but the Company is not responsible for any failed User Content submission attempts. Proof that you submitted User Content will not be considered proof that the Company actually received such User Content. It is important that you keep a copy of any User Content you submit because we are not responsible for lost, damaged, misdirected, unusable, or unreadable User Content.

2. Unauthorized User Content and User Content Standards

You are solely responsible and liable for any User Content submissions made under your name and/or using your Login Information and for any consequences that arise from such User Content. The Company’s decision to display your User Content on the Site does not indicate that the Company endorses any of the views expressed in the User Content or that the User Content reflects the views of the Company. The Company does not have any responsibility or liability in connection with any User Content. If the Company determines that any displayed User Content violates the Site’s Terms of Use or those of any third party social networking website or service, the Company reserves the right, at any time, without notice to you, and without limiting any and all other rights the Company may have under this Agreement, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content in whole or in part, (c) if applicable, revoke or suspend your user account and/or void your entry in any Promotion, and (d) use any technological, legal, operational, or other means available to enforce the terms of this User Content Agreement including, without limitation, blocking specific IP addresses.

The Company may screen User Content submitted to the Site before it is actually displayed on the Site or through any of the Company’s related social networking accounts. You agree that you will not submit or attempt to submit, and that the Company has the right to delete, remove, move, edit, or reject, without notice to you, any User Content that the Company, in its sole discretion, deems to be unauthorized content (“Unauthorized Content”). Unauthorized Content includes, but is not limited to any content that is:

or may be considered abusive, defamatory, obscene, pornographic;

causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Site;

in violation of copyright, trademark or other intellectual property rights, invasive of the rights of privacy or publicity of any person or entity;

in violation of any applicable laws, or in violation of the User Content Agreement, the Terms of Use, or the Privacy Policy; or

in any way unacceptable to the Company for any reason or for no reason.

By submitting User Content to the Site, you represent that such User Content is your original work of authorship, that you have received all necessary permissions for the use of likeness of any and all identifiable persons appearing in such User Content, that such User Content does not violate any intellectual property or other rights of any party, and that such User Content does not contain any Unauthorized Content. If the Company receives notice of any claim of infringement, the Company may remove the User Content associated with such claim. The Company shall have no obligation or liability to you for its failure to remove such Unauthorized Content from the Site. The Company reserves the right to provide information regarding User Content to law enforcement officials, government agencies, and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.

3. Rights Granted to the Company

You agree that any User Content that you or individuals acting on your behalf send to the Company via the Site or any of the Company’s related social networking accounts will not be considered confidential or proprietary, even if the User Content is labeled “Confidential” or “Proprietary.” Further, the Company will own all User Content you submit to it, and by submitting the User Content to the Company, you irrevocably assign to the Company all worldwide rights, title, and interest in and to that User Content. The Company may use such User Content in any format, medium, and with any technology or devices (whether now or hereafter known or existing). The Company may display, reproduce, adapt, reformat, translate, store, modify, create derivative works from, distribute, transmit and otherwise exploit all or any portion of your User Content on the Site or through any other distribution platform, for any purpose, without any accounting, notification, credit, payment or other obligation to you. The Company has no obligation to receive your consent or approval to take any actions with respect to any User Content you submit. These Company rights shall commence immediately upon your submission of User Content to the Site or to any of the Company’s related social networking accounts and continue thereafter perpetually and indefinitely.

The Company shall not be required or have any obligation to display or use any User Content that you submit. The Company has no obligation to take advantage of any of its rights in any User Content you submit. You agree to release the Company from any and all claims, suits, actions, demands, liens, encumbrances, or other rights which you may or could have in relation to your User Content.

4. Financial Consideration

The Company reserves the sole and exclusive right to benefit from this Site, including the User Content submitted to this Site, without any accounting, obligation, or liability to you. The Company has no obligation to compensate you or provide you with any other consideration relating to your User Content.

5. Indemnification

The indemnification obligations arising under Section 10 of the Terms of Use are fully applicable to all User Content. Your indemnification obligations include, without limitation, liability for any third party claims arising from, related to, or caused by your User Content, the submission of your User Content, and/or in any way associated with this User Content Agreement and/or the Site.

6. Mandatory Arbitration / No Class Relief

To the fullest extent permissible by law, with the exception of disputes pertaining to Company’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND COMPANY RELATING TO THIS AGREEMENT SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF.  This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.

© 2019 CN Smokeless Company, LLC. ALL RIGHTS RESERVED.