TERMS OF USE POLICY
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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 SFSC’s 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.

 

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