SmokeFreeHabits.com Terms of Use

Welcome to SmokeFreeHabits.comTerms of Use Agreement (the "Agreement"). For the purposes of this Agreement the terms "SmokeFreeHabits” and "we” shall mean SmokeFreeHabits.com and its affiliated companies, and the term "you” shall mean an authorized user of the Site. We are proud to provide you access to our portal web site located at http://smokefreehabits.com (the "Site"), where we strive to bring you some of the best information, products and services related to wellness and personal growth available on the web.

The Agreement; Receipt of Privacy Policy

This Agreement is between you and SmokeFreeHabits and sets forth the terms and conditions governing your use of the Site. BY USING THE SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND ACKNOWLEDGE YOUR RECEIPT OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT ACKNOWLEDGE RECEIPT OF OUR PRIVACY POLICY, YOU MAY NOT USE THIS SITE.

Minors

This Site is not intended for the use of minors. You must be at least 18 years old to access the Site or to use any of our products or services through the Site. By using the Site you represent that you are at least 18 years old and are otherwise authorized to access the Site.

Your Conduct

We rely on the information provided by you in order to supply you with the most appropriate information and services. Therefore, the information you provide to us should be accurate, current and complete. You should promptly provide any updates or corrections necessary to keep such information accurate, current and complete at all times. If you do not provide accurate, current and complete information, the services we provide to you may not be effective. You may not impersonate another person or entity, and you may not use the Site to harass or stalk another user. You agree that you will not use the Site to disperse chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind. Also, you agree that you will not use the Site in any way that is inconsistent with any applicable law or regulation. If we become aware of any violation of these conditions, we reserve the right to terminate your access to the Site without further notice or warning.

Information and Content

You Submit Any information, including any content, personal information, copyrightable materials and any other information you provide to us, including, but not limited to, uploaded, posted or emailed information, during your interaction with the Site (collectively "Submissions"), shall be subject to the terms and conditions of this Agreement. In addition, if you make Submissions in connection with any of our contests or promotions, unless you otherwise notify us in writing, you permit us to identify you as the contributor of such Submissions and to otherwise abide by the rules of the contest or promotions.

Unsolicited Submissions

Your comments regarding the Site are welcome. However, please understand that all comments (including ideas, materials, and content) you submit will be treated as non-confidential, and shall become the property of SmokeFreeHabits. You hereby agree that by submitting any comments to us, you automatically and irrevocably assign to SmokeFreeHabits any and all rights (whether now known or that may arise in the future) to such comments, and SmokeFreeHabits shall exclusively own all such rights, including the unrestricted right to use and modify such comments for any purpose, with no obligation to you, economic or otherwise. This provision is necessary to avoid future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work.

Copyright Agent

If you believe that any Submission or other material has been used on the Site in a manner that may constitute copyright infringement or other violation of a third party's rights, please provide our Copyright Agent with a written notice that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For notice of claims of copyright infringement on this Site, our Copyright Agent can be reached by email or postal mail at the contact information provided at the end of this Agreement.

The Information Available Through the Site Is Not a Substitute for Professional Advice

The services and information that we provide on or through the Site are not substitutes for and do not replace the services of trained professionals in their fields of expertise, including, without limitation, with respect to financial, health and medical or legal matters. We recommend consulting with a healthcare professional on a regular basis with respect to any matter relating to physical or mental health, especially concerning symptoms that may require diagnosis or medical attention. Neither SmokeFreeHabits nor any of its affiliates, licensors, vendors or suppliers make any representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information provided on or through the Site. Please refer to the "Disclaimer” provision below for additional information.

Content, Products and Services

SmokeFreeHabits reserves the right to change or discontinue any content, products, and services made available through the Site at any time and without any notice to you. Certain content, products, services and tools discussed in this Agreement and the Privacy Policy may not be available to you because of the way your particular Site is customized.

Tools and Trackers

Certain tools and trackers may be available to you through the Site. The accuracy and efficacy of these tools and trackers are dependent on the information you enter being true and correct. Please update your profile if any of your information changes to ensure that the tools and trackers work properly. We strongly recommend that you consult with an appropriate healthcare professional about any safety or medical questions you might have before starting or terminating any treatment or program

Third-Party Web Sites and Links to the Site

We provide links to third-party Web sites that may be of interest to you. Such links are strictly for informational purposes. The appropriateness of such links is based on the judgment of our professional editorial team; no endorsement of those sites by SmokeFreeHabits is implied. Once you link to a third-party Web site, you will be subject to the terms of use, privacy policy and any other policies of that site. Certain products and services may be available to you through links to third-party Web sites. Before you purchase any products or services through any such third-party Web site, we urge you to carefully review such third party's policies regarding privacy, security, and products. Your correspondence or business dealings with any such third party, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Your linking to such Web sites is at your own risk, and SmokeFreeHabits is not responsible and shall not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such third-party site. In addition, you may not create links to the Site without the prior written permission of SmokeFreeHabits.com.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Password and Security

You will select a password and user I.D. during the registration process, which you must use to access the Site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your password and user I.D. You are fully responsible for all activities that occur under your password or user I.D. You will (a) immediately notify us of any unauthorized use of your password or user I.D. or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

License to Use The Site

The materials used in or displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and all other materials, including any copyright, trademark or other intellectual property rights in or to any of the foregoing are the property of Smoke FreeHabits or its affiliates or licensors and are protected by copyright, trademark and other applicable laws. SmokeFreeHabits grants you a non-exclusive, non-assignable and non-transferable license to display such content only for personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, republish, rebroadcast, link to, or circulate any such content except where SmokeFreeHabits or its appropriate affiliate has given you its prior written permission. Modification of such content or use of such content for any other purpose is a violation of any applicable copyright or other proprietary rights. The use of any such content on any other web site or networked computer environment is prohibited. Unauthorized access to registered areas of the Site by non-registered users is prohibited.

Disclaimer

THIS SITE AND ANY INFORMATION, SERVICES, PRODUCTS, CONTENT OR OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, FROM SMOKEFREEHABITS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND SUCH INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SMOKEFREEHABITS DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SMOKEFREEHABITS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE SITE. THE PROGRAMS ARE EDUCATIONAL AND INFORMATIONAL TOOLS ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE OR CLINICAL SERVICES. HEALTH INFORMATION PROVIDED BY SMOKEFREEHABITS OR ITS AFFILIATES IS BASED ON MEDICAL LITERATURE. HOWEVER, USE OF SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE AND CARE FROM A HEALTH CARE PROFESSIONAL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SMOKEFREEHABITS IS NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF SUCH INFORMATION, INCLUDING, BUT NOT LIMITED TO, CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING AND OBTAINING HEALTH CARE SERVICES FROM QUALIFIED MEDICAL PROFESSIONALS, AND SHOULD ALWAYS CONSULT WITH YOUR HEALTH CARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH. SMOKEFREEHABITS IS NOT RESPONSIBLE FOR FINDING OR RECOMMENDING HEALTH CARE PROFESSIONAL OR OTHER PROVIDERS OF CARE, OR FOR MAKING ANY DETERMINATIONS ABOUT THE ADEQUACY OR COMPETENCY OF ANY PROVIDER INSIDE OR OUTSIDE OF HEALTH PLAN'S NETWORK.

Limitation of Liability

YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, SMOKEFREEHABITS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SMOKEFREEHABITS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE OR THE INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS AVAILABLE FROM OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, INOPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION (AS THAT TERM IS DEFINED IN THE PRIVACY POLICY). YOU SPECIFICALLY ACKNOWLEDGE THAT SMOKEFREEHABITS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THIS SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability for Your Employer

YOU AGREE THAT YOUR EMPLOYER SHALL NOT BE SUBJECT TO ANY CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, BASED ON YOUR USE OF THIS SITE, AND YOUR EMPLOYER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES WITH RESPECT TO ANY ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH.

Indemnification

Upon our request, you agree to defend, indemnify, and hold us (and our affiliates, employees, contractors, officers, directors, co-branders, vendors, and content providers) harmless from any dispute, loss, claim, damages, or expense (including reasonable attorneys' fees and court costs) which may arise from or relate to your breach of any of the terms and conditions of this Agreement or which may arise from or relate to any information, software, files, messages or other content placed on our Site by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In the event that we assume the exclusive defense and control of such a matter, you shall have no further obligation to provide indemnification to us in that matter.

Trademarks and Service Marks

SMOKEFREEHABITS., SMOKEFREEHABITS.COM, and the SMOKEFREEHABITS LOGO are marks of the PERRIGO COMPANY. Any other service marks or trademarks appearing on the Site are service marks or trademarks of their respective owners. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit.

Termination

SmokeFreeHabits reserves the right to terminate your access to the Site at any time, without notice.

Governing Law This Agreement and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of Michigan, without regard to its choice of law rules.

Changes to the Agreement

SmokeFreeHabits reserves the right to make changes to this Agreement at any time by posting our new Agreement on the Site. To the extent we make material changes to the Agreement, we will list those sections to which the material changes were made below. Modifications to the Agreement shall be effective when they are posted on this Site, in which case posting shall constitute notice to you. Your continued use of the Site following the posting of any such modifications on the Site constitutes your acceptance and agreement to be bound by such modifications. We encourage you to check the Site regularly to see if we have made any modifications to this Agreement. This version of the SmokeFreehabits Terms of Use Agreement is effective as of March 15, 2009.

By visiting this site, you consent to abide by the terms, conditions, notices, and representations in these Terms of Use. You visiting any portion of this site shall act as the equivalent of your signature and evidence your express consent and intentions in regard to these Terms of Use.


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