Tobacco Quitter, LLC and/or its affiliates (“Tobacco Quitter”) provide this site to you subject to the following conditions. Please read them carefully. By accessing or using any part of TobaccoQuitter.com (the Site), you agree to become bound by the terms and conditions of this agreement. In addition, when you use any current or future Tobacco Quitter service or business (“the Service”), you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use the Service.
By accessing the Site or the Service you agree to our Medical Disclaimer.
By purchasing a subscription or membership to the Site, you agree that you will not receive a refund for any reason.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Site, such as text, videos, graphics, logos, marks, icons, images, apps, audio clips, digital downloads, data compilations, and software, is the property of Tobacco Quitter and/or is being used pursuant to applicable licensing arrangements obtained by and/or given to Tobacco Quitter and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Tobacco Quitter and protected by U.S. and international copyright laws. All software used on this Site is the property of Tobacco Quitter or its software suppliers and protected by United States and international copyright laws.
License and Site Access
All content on the Site and available through the Service, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Tobacco Quitter, its users or its licensors with all rights reserved. Tobacco Quitter grants you a limited license to access and make use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tobacco Quitter. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Tobacco Quitter in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site is subject to these Terms of Service.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of Tobacco Quitter. You may not frame or utilize framing techniques, or the like, to enclose any trademark, logo, or other proprietary information (including images, text, videos, applications, page layout, or form) of Tobacco Quitter without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Tobacco Quitter name or trademarks without the express written consent of Tobacco Quitter. Any unauthorized use terminates the permission or license granted by Tobacco Quitter. You are granted a limited, revocable, and nonexclusive right to create a basic hyperlink to the pages of the Site, so long as the links do not portray Tobacco Quitter, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tobacco Quitter logo or other proprietary graphic or trademark as part of the link without express written permission.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Tobacco Quitter, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
If you use this Site, you are responsible for maintaining the confidentiality of your Tobacco Quitter account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also agree to maintain and promptly update your account information, and any other information you provide to Tobacco Quitter, and to keep it accurate, current and complete. Tobacco Quitter reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Tobacco Quitter are non-confidential and shall become the sole property of Tobacco Quitter. Tobacco Quitter shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TOBACCO QUITTER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TOBACCO QUITTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOBACCO QUITTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOBACCO QUITTER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM TOBACCO QUITTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOBACCO QUITTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN 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.
By visiting this Site, you agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Tobacco Quitter.
Any dispute relating in any way to your visit to the Site or to services provided by Tobacco Quitter or through the Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $50 shall be adjudicated in any state court in Virginia Beach, Virginia, or federal court in Norfolk, Virginia and you consent to exclusive jurisdiction and venue in such courts.
Tobacco Quitter may terminate your account, delete your profile and any content or information that you have posted to the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. You may cancel your subscription and terminate your account at any time.
Site Policies, Modification and Severability
Please review our other policies on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, Services, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.