Terms of Use

ReynoldsHarmReduction.com is operated by RAI Services Company, a subsidiary of Reynolds American, Inc. The Site is operated for the purpose of educating adults who smoke cigarettes about nicotine product alternatives, and to encourage adult smokers to switch if they are uninterested in quitting tobacco altogether.

The following Terms of Use (“Terms”) set forth the terms upon which the operators of the website (“we”, “our” and “us”) offer you (“you”) access to this website and any associated mobile applications (“Site”). 

These Terms also include our Privacy Policy, which is incorporated herein by reference.  By accessing or using this Site, you represent that you have read and agree to be bound by these Terms (as may be amended from time to time) without limitation, qualification or change.

Access to and use of this Site are subject to the following terms and conditions and all applicable laws.

Restrictions on access and use

Age Restriction. You must be at least 21 years of age to access this Site. By using the Site you certify that you are they are 21 years of age or older.

Purpose of This Site. This Site is operated for the purpose of educating adults who smoke cigarettes about nicotine product alternatives, and to encourage adult smokers to switch if they are uninterested in quitting tobacco altogether. The Site is not operated for advertising or marketing purposes. Nothing on this Site should be regarded as an offer to sell, or a solicitation of an offer to buy, any product of Reynolds American Inc.’s operating companies. Such products are sold only in compliance with the laws of the particular jurisdictions in which they are sold.

Geographic Restrictions.  You agree that you will not access this Site from any territory where the content or use of the Site is illegal.  You are solely responsible for complying with all applicable local laws.

Your feedback

We welcome feedback, suggestions, comments, ideas and reviews about the Site (“Feedback”). You agree, however, that by submitting Feedback to us, we may use such information on an unrestricted basis, without any obligation, notice or compensation to you

Your conduct

Code of Conduct. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and any related services. You agree not to misuse the Site or help anyone else to do so. For example, you must not do any of the following in connection with the Site:

  • Circumvent any restrictions on access to the Site.
  • Violate the Standard for Robot Exclusion (available here) and this Site’s robots.txt files.
  • Collect and distribute information from the Site.
  • Use a spider, robot or any other automated means to access, view or retrieve any of the content on this Site.
  • Interfere with, overburden or disrupt the Site.
  • Restrict or inhibit others from the Site.
  • Create deep links to any content on the Site. (Without our permission, you may not link to any page on this Site except our home page).
  • Decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from the Site or any portion thereof.
  • Do anything illegal.
  • Share, post or otherwise make available inappropriate content (involving, for example, libelous, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, pornographic, graphic violence, or otherwise objectionable material).
  • Engage in any activity that is harmful to you, the Site, or others (e.g., transmitting viruses or worms, stalking, harassment, threatening others, communicating hate speech, or advocating violence against others).
  • Engage in activity that is false or misleading (e.g., impersonating someone else).
  • Infringe upon the rights of others (e.g., unauthorized sharing of content that is protected by copyright, trademark or other intellectual property or proprietary right).
  • Copy, replicate, transcribe or reproduce the “look and feel” of the Site, or any of its features and functionalities.
  • Link to, mirror or frame any portion of the Site.
  • Engage in activity that violates the privacy of others.
  • Send solicitations (e.g., charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes or similar documents, or other types of solicitations)
  • Send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
  • Help others break these rules.

How we handle Code of Conduct violations. We are not responsible for monitoring, screening, policing or editing the information or materials posted on, submitted to or accessed or transmitted through this Site. However, we reserve the right to delete, block and/or remove any information or materials that we, in our sole discretion, deem to be unlawful, inappropriate or otherwise unacceptable to us or any other party. If notified of any such information or materials on this Site, we will determine in our sole discretion whether to remove such content from this Site or re-post such content to this Site. You understand and agree that if we, in our sole discretion, believe that you have violated any of the above rules or these Terms we may:

  • Remove, block or refuse to publish your content for any reason.
  • Prohibit you from accessing or using the Site.

Content on the site

Third-Party Content. We have no control over the information provided by other users and do not (and cannot) monitor information shared on or via the Site.  You should use caution and common sense when interacting with other users.  We encourage you not to share, post or otherwise disclose personally identifying or other sensitive information to other users on this Site.

Third Party Links.  At certain places on this Site, you may be able to access other Internet addresses via links. You acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link or reference to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, association, recommendation or favoring by us. 

You acknowledge and agree that any opinions, advice, statements, services, offers, or other information or content expressed in such third-party content and third-party websites are those of the respective author(s) or distributor(s) and not of us. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through third party websites or shared by other users. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

WARNING: 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 ANY SUCH MATERIAL.

Our Privacy Policy

You can learn about our privacy practices by reading our Privacy Policy. By accessing or using the Site, you agree that your information and content will be handled in accordance with our Privacy Policy (as may be amended from time to time).

Intellectual property issues

  1. 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. The marks appearing on this Site are our trademarks or the marks of our affiliates and subsidiaries. All other trademarks, service marks, trade names, service names and logos appearing on this Site or accessed via this Site are the property of their respective owners who are neither sponsors nor affiliated with us, or this Site.  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. 
  2. Infringement Claims. It is our policy to respond to claims of intellectual property infringement and other violations of law. We will investigate notices of alleged infringement and reserves the right to take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws and regulations that may be enacted or promulgated from time to time. Upon receiving written notification that complies or substantially complies with the DMCA, we will act to delete or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. We reserve the right to delete or disable access to content alleged to be infringing. We reserve the right to terminate, at any time and under appropriate circumstances, access of repeat infringers.
  3. Submitting an Infringement Claim. If you believe that this Site contains any material that infringes your or another party’s rights under the copyright laws, you shall provide notification to the following designated agent:

By Mail:
Customer Relations
P.O. Box 2959
Winston-Salem, NC 27102-2959

By Email:
Consumerrelations@rjrt.com

Your notification must include all of the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the URL (i.e., the web page address) where the copyrighted work exists, or a copy of the copyrighted work;
  3. identify the URL or other specific location where the allegedly infringing material is located;
  4. provide the address, telephone number, and e-mail address of the notifying party;
  5. a statement by you that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the information in the notification is accurate that you are the copyright owner or the owner’s authorized agent.

Counter-Notices. When we delete or disable access to any material alleged to be infringing under this policy, we may attempt to contact the User who has posted such material in order to give that User an opportunity to respond to the notification, although we make no promise to do so. Any counter notifications submitted by such User will be furnished to the complaining party, who will be given an opportunity to seek judicial relief in accordance with the DMCA before we replace or restore access to any material as a result of any counter notifications.

Site availability and changes

Changes to the Site.

  1. 1. The Site or content on the Site may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We are not liable for any disruption or loss you may suffer as a result.
  2. 2. 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.

Changes to these Terms.  We reserve the right to change these Terms at any time at our sole and exclusive discretion. We will post a notice of changes to these Terms on this Site.  By continuing to use this Site after a change is made, you accept and agree to be bound by the modified Terms. Only we may alter these Terms.

Choice of law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. All disputes concerning this Site and/or arising from these Terms must be resolved in accordance with the “Resolving Disputes” section below.

Disclaimer of warranties and liabilities

No Warranty.  We and our suppliers provide this Site and any related products or services “as is” and without any warranty or condition, express, implied or statutory. Use of this Site is at your sole risk. We do not guarantee continuous, uninterrupted, error-free or secure access to this Site or our services, and operation of this Site may be interfered with by numerous factors outside of our control. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Disclaimer.  We disclaim any liability for any damages, losses, injuries, or expenses caused by, arising or resulting from, or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of digital records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the foregoing or for any defamatory, offensive or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you.

Limitation of Liability. In no event shall we or our subsidiaries and affiliates, or their respective officers, directors, employees, agents, vendors, or suppliers be liable for lost profits or any special, indirect, punitive, incidental or consequential damages arising out of or in connection with this Site, the services available on this Site or these Terms (however arising, including, without limitation, negligence).

Indemnity

Indemnity.  You agree to defend, indemnify and hold us and our parent, and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms (or any documents these Terms incorporate by reference) or your violation of any law or the rights of a third party.

Resolving disputes

Let’s Work Together to Resolve Any Issues. We value our relationship with you and we want to address your concerns without the need for litigation. Before filing a claim against us, you agree to try to resolve the dispute informally by (1) emailing [insert email address] or (2) by mailing us a description of your concerns to the following address:

RAI Services Company

Attn: Corporate Secretary

401 N. Main Street

Winston-Salem, NC 27101

We may need information from you to try to investigate or address your concerns (such as screenshots of error screens, images showing the problem, or return of the product) and you agree to provide information necessary to investigate and address any issues that may arise.  If a dispute is not resolved within 45 days after you submit the necessary information, either you or we may bring a formal proceeding.

We Both Agree to Arbitrate. If we can’t resolve your concerns informally, both you and we agree to resolve any disputes concerning this Site and/or arising from these Terms through final and binding arbitration, except as set forth under Exceptions to Arbitration Agreement below.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms to the following address:

Customer Relations

P.O. Box 2959

Winston-Salem, NC 27102-2959

Arbitration Procedures and Fees. The arbitration will be held in Winston-Salem, NC or any other location we agree to.

Exceptions to Arbitration Agreement. Either party may bring a lawsuit only to stop abuse of the Site, intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), defamation or libel without first engaging in arbitration or the informal dispute-resolution process described above. However, neither the agreement to cooperate nor the agreement to arbitrate shall prevent us from: (1) removing, blocking or refusing to publish your content for any reason; or (2) prohibiting you from accessing or using the Site.

No Class Actions. You may only resolve disputes (whether through arbitration, litigation or otherwise) with us on an individual basis.  You may not bring a claim as a named plaintiff or a class member in a class, consolidated, mass, or representative action. Class arbitrations, class actions, mass actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you agree that any judicial proceeding will be brought in the federal or state courts in Winston-Salem, NC. You consent to venue and personal jurisdiction there.

Special notice to New Jersey residents

We intend for these Terms, including the terms in the sections titled “Our Warranties and Disclaimers”, “Liability for our Services” and “Resolving Disputes,” as modified by this paragraph, to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion hereof is held invalid, that the balance shall, notwithstanding, continue in full force and effect.

Notwithstanding any language in these Terms to the contrary, we agree that: (a) the limitation on liability will not apply to claims brought by New Jersey consumers for damages caused by our intentional, reckless or grossly negligent conduct and (b) the indemnification obligations will not apply to claims caused by our intentional, reckless or grossly negligent conduct. If one or more other provisions of these Terms are deemed to be illegal or unenforceable under New Jersey law, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable to the fullest extent permitted by law.

Electronic signature and notices

Electronic Signature.  Your affirmative act of registering for an account on the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

Electronic Notices.  You also agree that we may send you notices or other communications in electronic form (e.g., emails, banners, etc.). We may send you electronic notices or other communications to the email address(es) that you provide to us, or by posting any notices or other communications on this Site. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery.

Miscellaneous

  • If any provision of these Terms is held to be unlawful, void, invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced.
  • Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
  • These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.