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TERMS
OF USE POLICY Please
read!
THE
FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SFSC'S INTERNET
INFORMATION WEBSITE. YOUR
USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND
CONDITIONS.
This
information website "Site" presents information and content
that is the property of SFSC and/or its subsidiaries and affiliates
("www.smokefreesociety.org").
When used in these Terms and Conditions, "we" and "our"
mean SFSC.
1.
Ownership and License Rights. This Site and all
materials displayed or made available on it are protected by copyright.
This Site is for your personal, noncommercial use only, under a
license by SFSC with no transfer of title. You may not use any of
the materials available from this Site on any other website or networked
computer environment. You may not remove any copyright or other
legal notices from any materials downloaded from this Site.
Trademarks.
SFSC, logos are registered service marks of Smoke Free Society Corporation.
Other proprietary SFSC marks may be designated as such from time
to time on this Site through use of the SM or ® symbols. Except
when included in any authorized printouts of the content, you are
not authorized to make any other use of any SFSC registered service
marks or other proprietary SFSC marks.
2.
Products/Plans/Services. The Products/Plans/Services ("Products"),
their functionality, effectiveness, and support, are provided "AS
IS" and without warranties as to performance or effectiveness.
SFSC does not warrant uninterrupted or error-free Products or support.
SFSC's volunteers and/or representatives may have made statements
about the Products. Any such statements DO NOT constitute warranties
and shall not be relied on by Recipient and/or end users in deciding
whether to donate, use or misuse the Products.
The
Products are provided without any express or implied warranties
whatsoever. Because of the diversity of conditions and end users
under which these Products may be used, no warranties of fitness
for a particular purpose are offered. You are strongly advised to
consult qualified physicians and/or healthcare specialists and test
the Products thoroughly before using and relying on them. You must
assume the entire risk of using the Products. SFSC is not responsible
for determining whether the Products will meet the user's requirements.
3.
Acceptance. Your continued use of this Site constitutes
your acceptance of these terms and conditions of use and waiver
of liability on the part of SFSC Entities.
4.
Forums. This Site may include links to bulletin
boards and chat rooms ("Forums"). Although SFSC has the
right to monitor communications made in, to, and by means of the
Forums, including the right to edit, refuse to post, or to remove
any information or materials posted to the Forums, which in SFSC's
sole discretion are objectionable or in violation of the terms and
conditions set forth below, SFSC assumes no responsibility to do
so and is not responsible for the content of any messages or information
posted by users or other third parties to the Forums. SFSC reserves
the right at all times to disclose any information or materials
posted to the Forums necessary to satisfy any law, regulation or
governmental request.
It
is a condition of your use of the Forums and this Site that you
do not:
-
Restrict or inhibit any other user from using and enjoying the
Forums;
-
Post or transmit any fraudulent, unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic or offensive
material of any kind, including any material that would violate
any local, state, national or international law or give rise to
any civil or
criminal liability;
- Post
or transmit any material that violates or infringes the rights
of others, including material that is an invasion of privacy or
publicity rights or that infringes on any intellectual property
or contractual right;
-
Post or transmit any material containing software viruses or similar
disabling devices;
- Post
or transmit any unsolicited advertising.
- Submission
Policy. By communicating through the Forums, uploading files or
data onto the Site, or otherwise providing information on or through
the Site (each, a "Submission"), you are granting SFSC
a royalty-free, perpetual, non-exclusive, worldwide license to:
Use,
copy, adapt, transmit, publicly perform, display or distribute
the Submission and otherwise exploit any and all proprietary rights
in the Submission, including, without limitation, any applicable
copyright, trademark, service mark or patent rights under relevant
jurisdiction; and Sublicense to any third party the right to exercise
any of the foregoing rights, subject only to the restrictions
regarding Personally-Identifying Information set forth in the
Privacy Policy.
5.
Health Disclaimer. Applicability of Materials Provided.
The health-related materials provided on this Site (including links
to information provided by other websites) ("Health Materials")
are to be used for informational purposes only. The Health Materials
are NOT to be used as a substitute for seeking professional medical
diagnosis, treatment and care. The applicability of any of the Health
Materials may vary depending on your actual medical condition or
that of a third party.
NO
DOCTOR-PATIENT RELATIONSHIP CREATED. NEITHER YOU NOR ANY OTHER PARTY
HAS BECOME A PATIENT OF ANY INDIVIDUAL OR ENTITY PROVIDING HEALTH
MATERIALS BY MEANS OF THIS SITE OR ANY LINK FROM THIS SITE. YOU
OR SUCH OTHER PARTY MUST CONSULT A HEALTH CARE PROFESSIONAL FOR
A COMPLETE DIAGNOSIS, TREATMENT AND/OR CARE.
6.
NO WARRANTY OR LIABILITY. SFSC ENTITIES EXPLICITLY DISCLAIM
AND EXCLUDE ALL WARRANTIES REGARDING THE HEALTH MATERIALS, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF EFFECTIVNESS AND FITNESS
FOR A PARTICULAR PURPOSE. NO WARRANTY OR REPRESENTATION IS MADE
AS TO THE CURRENCY, ACCURACY, OR COMPLETENESS OF THE HEALTH MATERIALS.
USERS OF THIS SITE ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE
HEALTH MATERIALS, AND SFSC ENTITIES SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ASSOCIATED WITH SUCH USE, EVEN IF SUCH PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE
WILL MAKE EVERY REASONABLE EFFORT TO INCLUDE ACCURATE AND UP-TO-DATE
CONTENT ON THIS WEBSITE. HOWEVER, NO
WARRANTY OR LIABILITY. SFSC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES,
PARTNERS, ASSOCIATES, EMPLOYEES AND INDEPENDENT CONTRACTORS (THE
"COMPANY ENTITIES") MAKE NO REPRESENTATIONS REGARDING
THE INFORMATION AND MATERIALS PROVIDED ON THIS SITE. ALL INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND LINKS TO OTHER WEBSITES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SFSC ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE,
ANY MATERIAL ON THIS SITE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SFSC
and/or its suppliers, agents, associates and employees shall not
be liable to the contractor, end user and/or any third party for
indirect, special, incidental or consequential damages of any kind
resulting from the use, misuse, performance, delay in performance,
or nonperformance of Products or its support. Such damages include,
but are not limited to, death, injuries, sicknesses of any kind,
interruption of business, lost profits or other costs, lost jobs,
loss of the use of equipment, lost revenue, cost of capital, cost
of substitute equipment, facilities, or services or down-time costs
incurred from the use or misuse of the Products or support, even
due to Product's failure or having informed SFSC or its suppliers
about a problem or issue.
SFSC
and/or its suppliers, agents and , associates and employees shall not be liable for
any damage resulting from the functioning or malfunctioning of any
computer equipment or any other items supplied by SFSC. Some jurisdictions
do not allow the exclusion or limitation of liability for incidental
or consequential damages, so the above limitation might not apply
to you. The total cumulative liability of SFSC or its suppliers
will be limited exclusively, at SFSC's sole discretion, to Product
replacement or refund of the purchase price.
No
Endorsement. Any health-related products or medications referred
to herein are given for informational purposes only and not by way
of endorsement, recommendation, or approval by SFSC.
7.
Security. For certain types of communications through this Site,
we require the use of encryption technologies provided for your
protection and/or use by you of User IDs and Passwords. You are
responsible to protect your User IDs and Passwords from disclosure
to third parties and you are not permitted to avoid the use of required
encryption technologies. While we provide those technologies and
use other reasonable precautions to protect confidential information
and provide suitable security, we do not guarantee or warrant that
information transmitted through the Internet is secure, or that
such transmissions will be free from delay, interruption, interception
or error.
8.
Hyperlinks. As a directory and as a convenience for you, we
provide links to third party websites, or permit third parties to
link to this website. Links to or from a third party site, whether
provided by SFSC or not, do not imply any affiliation between SFSC
and the site owner, or an endorsement of such third party sites.
We are not responsible or liable for the accuracy or completeness
of the content on any such third party sites. We may cancel any
link at any time and/or will remove any link from this Site upon
request from the owner of the linked site. Such requests should
be sent to our Webmaster:
feedback@smokefreesociety.org.
9.
Children. This Site does not intend to market any SFSC products
or services to children without parental permission. SFSC does not
knowingly gather, or solicit data, from children through this Site
for marketing purposes without parental permission.
NO
LIABILITY. IN USING THIS WEBSITE, YOU, SPECIFICALLY IF YOU ARE UNDERAGE,
AGREE TO OBTAIN PARENTAL PERSMISSION BEFORE USING THIS SITE
AND THAT YOU WILL NOT HOLD SFSC LIABLE TO YOU OR ANY PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING OUT OF ANY USE BY YOU OF THIS WEBSITE (OR ANY OTHER
LINKED WEBSITE), WHETHER THOSE DAMAGES ARE FINANCIAL IN NATURE OR
RESULT FROM LOST, INCOMPLETE OR INTERRUPTED DATA OR TRANSACTIONS.
THIS LIMITATION ON SFSCs LIABILITY MAY BE DIFFERENT IN CONNECTION
WITH PARTICULAR PRODUCTS OR SERVICES THAT ARE OFFERED.
10.
Availability. Not all of the products, services and links described
on this Site may be available in all geographic areas of the United
States and/or worldwide. You may not be eligible for all of the
described products or services and we reserve the right to determine
the eligibility of any user for any product or service. The pages
relating to each product or service provide additional information
on the availability of each product or service and may contain terms
governing eligibility.
11.
Additional Terms. In connection with different products or services
available on this website and other SFSC websites, we have established
additional or different terms and conditions. As a result, the additional
terms and conditions are very important to providing you a thorough
understanding of the related products and services. These additional
or different terms and conditions are available on the web pages
associated with the appropriate products or services. You are encouraged
to review all of the terms and conditions relating to SFSC's products
or services so that you fully understand their features. In the
event of any conflict between the terms and conditions on this Site
and such additional terms and conditions, the additional terms and
conditions shall govern and control.
12.
Changes. The content on this Site, and these terms and conditions,
are subject to change or updating by SFSC at any time with and/or
without prior notice. The changes may include superceding terms
and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS
AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT
ARE MADE. Your continuing use of this Site constitutes your acceptance
of any change or update, all of which shall become controlling when
posted.
13.
Additional Information. All information, other than personal
information subject to SFSC's Internet Privacy Policy, submitted
to SFSC through this Site or any related SFSC websites is and/or
becomes the property of SFSC. SFSC shall be free to use any ideas,
concepts, know-how or techniques that you may submit to SFSC through
this website to improve our services. We shall not be subject to
any obligations of confidentiality regarding any submitted information
except as specified in SFSC's Internet Privacy Policy, as set forth
in any additional terms and conditions relating to specific products
or services, or as otherwise specifically agreed or required by
law.
14.
Governing Law. As a Florida not-for-profit corporation, these
terms shall be governed by and construed in accordance with the
laws of the State of Florida, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only in
the state or federal courts located in Palm Beach County, Florida
and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability
of any remaining provisions.
Not
all services of SFSC are provided free of charge or for a small
donation to help advance the cause of a smoke free society. It may
require a membership, subscription, listing, and/or transaction
fee. Fees may be modified at any time without notice.
Please
use your browser's back button to return to the previous page, or
go directly to the SFSC
Home Page.
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