Turning Point Brands Marketplace Website Terms of Service

EFFECTIVE DATE NOVEMBER 18, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE

Welcome to Turning Point Brand’s e-commerce site (tpbmarketplace.com) and any web page or subpages thereof (“Site”). This Site is owned, operated, and administered by National Tobacco Company, L.P. (NTC). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the 'Agreement'). If you do not agree to these terms, please do not use the Site. Since NTC may revise this Agreement at any time. You should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

PRIVACY POLICY AND RESTRICTION OF MINORS

Please also review the Privacy Policy, which is incorporated into these Terms of Use by reference.

LEGAL INFORMATION

Unless otherwise noted, all design and content featured on the Site, including navigational buttons and images, artwork, graphics, photography, text, icons, images, html code, the overall appearance of the Site and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by NTC. The Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of the Site are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of NTC. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from NTC. Should you choose to download, copy, or forward any site materials via email for your personal, noncommercial use, no right, title, or interest in those materials will be transferred to you. You acknowledge and agree that you, and not NTC, are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services required to access and use this Website, and for paying all charges therefor.

USE RESTRICTIONS

You shall comply with all applicable laws and regulations when accessing and using the Site. If you become aware of any unlawful, offensive, or objectionable materials on the Site, please promptly notify us. You may not use or link to this Site in any manner that would disparage NTC and/or any of its representatives, agents, employees, owners, members or affiliates or bring NTC and/or any of its representatives, agents, employees, owners, members or affiliates into disrepute.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which NTC does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

CORRESPONDENCE

You agree that NTC may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of NTC’s products or services, or for such other purpose(s) as NTC deems appropriate.

Although we will make every effort to respond quickly to applicable email messages from you, NTC is under no obligation to respond to all pieces of correspondence received through the Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding NTC, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via the Site or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through the Site shall become and remain the property of NTC. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

CONTENTS/PROMOTIONS

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

PRICING INFORMATION

The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.

COLORS

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NTC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

LIMITATION OF LIABILITY

NEITHER NTC NOR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR RELATED ENTITIES OR INDIVIDUALS SHALL BE LIABLE FOR ANY CLAIMS, LIABILITIES, COSTS, LOSSES, EXPENSES, OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM THE ACCESS TO OR USE OF THIS SITE OR ITS CONTENT. NTC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND THAT ARE CONNECTED WITH THE ACCESS TO OR USE OF THIS SITE OR ITS CONTENT. NTC SHALL NOT BE LIABLE OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION, OR THE UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE OR ITS CONTENT IS TO STOP ACCESSING AND USING THIS SITE.

INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). 

SECURITY POLICY

NTC has the utmost concern about the security of any information transmitted to this Site. However, NTC cannot absolutely guarantee the impregnability of any email transmissions or assure the confidentiality of information transmitted to the Site. Therefore, except as may be otherwise required by law, you acknowledge and assume all risks associated with any personal or financial information or other content you may provide to this Site or to NTC or any other party through this Site, and NTC disclaims any liability for damages or losses which you may incur as a result of personal or financial information or other content provided by or on your behalf.

INDEMNIFICATION

You agree to indemnify, defend, and hold NTC and its officers, agents, employees, or affiliates (Indemnified Parties) harmless from and against any damages, losses, costs, expenses, judgments, fines, fees, and other liabilities the Indemnified Parties may incur (including attorneys’ fees and court costs) resulting from any claims, causes of actions, lawsuits, or proceedings arising from or related to any of the following: (a) your use of, inability to use, or activities connected with this Website or its content; (b) your violation of these Terms of Use or the law; (c) any allegation that your conduct, or any materials you make available on or through this Website, infringe or otherwise violate the rights of another, whether contractual, legal, or otherwise (including intellectual property rights, privacy rights, or rights of publicity); or (d) your violation of any rights of any visitor to this Website or any other third party

GOVERNING LAW

It is expressly agreed and understood that this Agreement is entered into in the Commonwealth of Kentucky and that the contract shall be construed and interpreted in accordance with the laws of the Commonwealth of Kentucky without regard to it or any other jurisdiction’s conflict of laws rules or principles. By accessing this Site, you agree and hereby submit to personal jurisdiction and venue within the Circuit Court of Jefferson County, Kentucky and the United States District Court for the Western District of Kentucky with respect to all matters regarding or arising from access to or use of this website. All legal issues arising from or related to access to or use of this Site, including, but not limited to, access to or use of the information, content, products, or services offered by NTC, shall be governed by the laws of the Commonwealth of Kentucky without regard to its or any other jurisdiction’s conflict of laws rules or principles. Any legal suit, action, or proceeding arising out of or related to the foregoing shall be instituted in the federal courts of the United States or the courts of the Commonwealth of Kentucky, located in the city of Louisville and County of Jefferson, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. You agree not to object to or otherwise challenge any such action brought in such courts on the grounds of lack of personal or subject matter jurisdiction, improper venue, or inconvenient forum.

Entire Agreement. These Terms of Use constitute the entire Agreement between you and NTC regarding this Website and your access to and use thereof, and supersede all prior and contemporaneous understandings and agreements with respect to such subject matter.

You may otherwise contact us.