These GallaherSafe.com Website Terms and Conditions of Use (the “Terms”) govern your use of any websites that are owned or operated by Gallaher and Associates, Inc. (“Gallaher”, ”GAI”,” “we,” “us” or “our”), and which contain a link to the Terms (collectively, and together with all services available through such websites, the “Site”). By accessing the Site, you agree to be bound by the Terms. If you do not agree to the Terms, please exit the Site immediately and do not access any of the associated pages or materials. Please consult the Gallaher and Associates, Inc. Privacy Policy for a description of our privacy practices and policies on the Site.

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Gallaher owns and/or operates the Site, and we reserve the right, in our sole discretion, to change, modify, add or remove any portion of this Site or the Terms, whether in whole or in part, at any time and for any reason. Changes to the Terms will be effective when posted. You agree to review the Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes.

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PERMITTED USE

You agree that you are authorized to visit, view and use the information on the Site for personal, informational, and non-commercial purposes only.  You are prohibited from duplicating, downloading, publishing, modifying or otherwise distributing, in whole or in part, any content and materials on the Site (including, without limitation, any text and images resident on the Site) without Gallaher’s express written permission.  All pages and any material contained on the Site are the property of Gallaher, or are owned by a third party and are used by Gallaher under license, and are protected by U.S. and international copyright and other intellectual property laws.

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LIMITED LICENSE

Gallaher grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions contained in these Terms.  Gallaher may, in its sole discretion, change, suspend or discontinue any aspect of the Site at any time.  We may also impose limits on certain services or restrict access to all or certain portions of the Site, without notice or liability.

Gallaher does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Site or any of its contents (including software) in whole or in part. You agree to not disrupt, interrupt or attempt to interrupt the operation of the Site in anyway, including, without limitation, changing or deleting any proprietary notice from any materials downloaded from the Site.

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VIOLATIONS OF THE TERMS

You understand and agree that Gallaher may, in its sole discretion, with or without prior notice, terminate your access to the Site and/or exercise any other available remedy if we determine that you have violated (i) any provision of the Terms; (ii) Gallaher’s rights; (iii) the rights of third parties or (iv) any applicable laws or regulations. You acknowledge and agree that monetary damages may not adequately compensate Gallaher for your non-compliance with the Terms, and you therefore consent to injunctive or other equitable relief in the case of such violations.  You further agree that Gallaher may release certain information about you if we are required to do so by applicable laws or a valid subpoena.

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LINKING TO THE SITE

LINKING TO THE GALLAHER SITE INDICATES THAT YOU ACCEPT GALLAHER’S TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.

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By linking to the Site, you agree that you will not:

• Replicate any of the Site’s content;

• Use Gallaher’s trademarks, logos or copyrighted materials without obtaining express prior written authorization from Gallaher;

• Frame or otherwise create a browser or border environment around the Site’s content;

• Misrepresent your or your website’s relationship with Gallaher;

• Present false, misleading or inaccurate information about Gallaher, our products or services, any of our affiliates or any of our affiliates’ products or services;

• Disparage Gallaher, its products or services, any of its affiliates or any of its affiliates’ products or services;

• State or imply that Gallaher is endorsing you, your company or business, your website or its contents, your products or your services;

• Include content on your website that is or could reasonably be construed as illegal, distasteful, offensive or controversial (i.e., you agree that all content on your website is appropriate for all age groups); or

• Link to an internal page of this Site that is located one or several levels down from the home page, or bring up or present content of this Site on another website, without obtaining express prior written authorization from Gallaher.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gallaher, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates the Terms, any applicable law or regulation, or the rights of any third party.

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LIMITATION OF LIABILITY

IN NO EVENT SHALL GALLAHER OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF GALLAHER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

DISCLAIMER OF WARRANTIES

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GALLAHER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.

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THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. GALLAHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. GALLAHER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. GALLAHER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

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THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND GALLAHER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND GALLAHER SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

GOVERNING LAW

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This Site is operated and administered from within the United States of America (“U.S.”). Use of this Site shall be governed by all applicable Federal laws of the U.S. and the laws of the State of Tennessee, without giving effect to its conflict of laws provisions. In the event of any dispute or claim relating to the Site and/or the Terms, you agree to the resolution of such dispute in the state or Federal courts located in the State of Tennessee, in accordance with Tennessee law.  Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

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THIRD-PARTY WEBSITES

Please note that the Site may contain links to third-party websites not owned or operated by Gallaher.  We make no representations or warranties whatsoever about any other website, or the contents thereof, that you may access through the Site.  When you access a third-party website, please understand that you are doing so at your own risk and that it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Gallaher has no control over such third-party websites, and therefore is not responsible for their contents.  Any links to third-party websites are provided to you for your convenience only, and the inclusion of such links does not mean that Gallaher endorses or accepts any responsibility for the content, or the use, of the linked website.  Including these links does not imply that Gallaher is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked third-party website is authorized to use any trademark, trade name, logo or copyright symbol of Gallaher or any of its affiliates or subsidiaries.

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TRADEMARK, COPYRIGHT AND PROPRIETARY INFORMATION NOTICE

The trademarks, trade names, logos, service marks, trade dress and product configurations and packaging displayed on this, and related, web sites operated by Gallaher and Associates, Inc. and its affiliates (“Gallaher Web Sites”) are registered and unregistered trademarks of Gallaher and Associates, Inc. or its affiliates, unless otherwise indicated.

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All of the content on the pages of the Gallaher Web Sites, the manner of displaying the pages, and all of the materials downloadable therefrom are copyright-protected intellectual property owned by, or licensed to, Gallaher and Associates, Inc. and/or its affiliates; and may only be used for personal, informational, non-commercial purposes.  The content and materials contained in the Gallaher Web Sites may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of Gallaher.  In particular,  any materials contained on the Gallaher Web Sites that are marked as, or otherwise appear to be, Gallaher proprietary and/or trade secret information may not be copied or distributed in whole or in part in any form without the prior written consent of Gallaher.

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The trademarks, content, and other materials on the Gallaher Web Sites are protected by the intellectual property laws of the U.S. and other countries.  Gallaher will protect its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where warranted. All website content is published in good faith in respect of any applicable law or regulation. Any inadvertent use of copyrighted materials from third parties that may be linked or embedded within any site page should be reported to us if discovered, and we will remove and/or replace the content as soon as possible to resolve the issue. Expeditious removal and/or replacement of this content will serve as our sole liability unless superseded by applicable law.

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MISCELLANEOUS

Gallaher reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice.  In the event that any provision of the Terms are found by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so as to effect the intent of the Terms, and all remaining provisions shall otherwise remain in full force and effect.  The Terms constitute the entire agreement between Gallaher and you pertaining to the subject matter hereof.  In its sole discretion, Gallaher may revise these Terms from time-to-time by posting an updated version of the Terms to the Site.  You should, therefore, periodically visit the Site to review the current version of the Terms in effect, so that you are aware of any such revisions to which you are bound.