PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The QuitWorks-NH.org Web site (the "Site") is provided by the New Hampshire Department of Health and Human Services subject to the following Terms and Conditions ("Agreement") and any operating rules or policies that may be published from time to time by the New Hampshire Department of Health and Human Services. The Site is not intended for users under the age of 13. By accessing the Site and using the content, functions and information contained therein, you agree to this Agreement. If you do not agree, you may not access or otherwise use the Site.
MODIFICATIONS TO SITE
The New Hampshire Department of Health and Human Services reserves
the right, for any reason, in its sole discretion,
to terminate, change or suspend any aspect of the
Site, including, but not limited to, content, features
or hours of availability. The New Hampshire Department of Health and Human Services may impose limits on certain features
of the Site or restrict your access to part or all
of the Site without notice or penalty.
USER INFORMATION
In the course of your use of the Site, you may provide
certain information to the New Hampshire Department of Health and Human Services (collectively, the "User Information").
The New Hampshire Department of Health and Human Services's use
of any User Information you provide shall be governed
by the QuitWorks-NH.org Privacy
Policy.
USER CONDUCT
You are solely responsible for the content of any
materials or User Information you post or submit through
the Site. You warrant and agree that, while using
the Site, you shall not upload, post, transmit to,
distribute or otherwise publish through the Site any
materials which: (a) are unlawful, threatening, harassing
or profane; (b) restrict or inhibit any other user
from using and enjoying the Site; (c) constitute or
encourage conduct that would constitute a criminal
offense or give rise to civil liability; or (d) contain
a virus or other harmful component, advertising of
any kind, or false or misleading indications of origin
or statements of fact.
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy the Site without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
MONITORING
You agree that the New Hampshire Department of Health and Human Services has the right, but not the obligation, to monitor,
edit, disclose, refuse to post, or remove at any time,
for any reason in its sole discretion, any material
and content anywhere on the Site, including but not
limited to message boards, e-mail and other forums.
Notwithstanding this right, the New Hampshire Department of Health and Human Services does not and cannot review all materials
posted to the Site by users and the New Hampshire Department of Health and Human Services is not responsible for
any such materials posted by users.
TRADEMARKS AND COPYRIGHTS
The Site is protected by U.S copyright laws and may
be protected by the copyright laws of other countries
and jurisdictions as well. Except as specifically
permitted in accordance with this Agreement, any copy,
reproduction, display, performance, modification or
retransmission is strictly prohibited.
The trademarks QuitWorks-NH.org and the QuitWorks-NH.org logo ("Trademarks") are trademarks of the New Hampshire Department of Health and Human Services. Any use of the Trademarks and any other trademarks, trade names or logos under which the New Hampshire Department of Health and Human Services, its officers, directors, employees, licensees, agents, subsidiaries, affiliates and assigns do business is strictly prohibited absent our prior written consent. In addition, the names, trademarks and/or trade names of third parties that appear on the Site are proprietary to their respective owners and may only be used with their express written permission.
USE OF DOCUMENTS, IMAGES AND INFORMATION ON THE
SITE
Documents and images ("Materials") appearing on the
Site, may be copied, reproduced, downloaded or otherwise
used, other than personal use, only if the following
terms are strictly adhered to: (1) copyright notice
in the form "© 2000 The New Hampshire Department of Health and Human Services. All rights reserved." appears on every
copy or reproduction of the Materials; (2) the Materials
are used solely for non-commercial, personal purposes;
(3) the Materials are not altered, edited or condensed;
and (4) the Materials are not used to ridicule, disparage,
harass or annoy any party. No other use of the Materials
shall be permitted. The Materials available for use
as set forth above do not include the design, layout,
arrangement or distinctive elements of the Site, or
of any other web site maintained by the New Hampshire Department of Health and Human Services, its subsidiaries, divisions
or affiliates.
In addition, the Site may contain documents, images, information or other materials not proprietary to the New Hampshire Department of Health and Human Services, such as photographs, clip art, film clips, musical passages, audio track or sound effects elements, or the names, likenesses, trade names, trademarks, logos or designations of third parties. All such materials shall be referred to as "Other Materials." Any use whatsoever of any Other Materials is strictly prohibited, unless the prior written permission of the appropriate third parties has been secured.
The New Hampshire Department of Health and Human Services makes no representation that the materials provided on the Site are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Site from other locations you are responsible for compliance with applicable local laws.
You understand and agree that any content downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any and all damage to your computer system or loss of data that results from the download of such content.
SOFTWARE DOWNLOAD
In the event you download software from the Site,
the software, including any files, images incorporated
in or generated by the software, and data accompanying
the software (collectively, the "Software") are licensed
non-exclusively to you by the New Hampshire Department of Health and Human Services. The New Hampshire Department of Health and Human Services does not transfer title to the Software
to you. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce
the Software to a human-perceivable form.
Some software from the Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list; or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other
information communicated to the New Hampshire Department of Health and Human Services through the Site (each, a "Submission")
will become the exclusive property of the New Hampshire Department of Health and Human Services. Subject to the provisions
of the QuitWorks-NH.org Privacy Policy,
the New Hampshire Department of Health and Human Services will
not be required to treat any Submission as confidential
and will not incur any liability as a result of any
similarities that may appear in future New Hampshire Department of Health and Human Services operations. Without limitation,
the New Hampshire Department of Health and Human Services will
have exclusive ownership of all present and future
existing rights to every Submission. The New Hampshire Department of Health and Human Services will be entitled to use
the Submission for any purpose whatsoever, without
compensation to you or any other person.
LINKS
The Site displays as search results and provides links
to other Web sites which are not maintained by the
New Hampshire Department of Health and Human Services and which
may contain information some people may find inappropriate
or offensive. The New Hampshire Department of Health and Human Services has not reviewed such Web sites and is not
responsible for the content thereof. The inclusion
of a link to a Web site does not imply endorsement
by the New Hampshire Department of Health and Human Services.
Viewing of any Web site linked to the Site is at your
own risk.
HEALTH DISCLAIMER
The Site does not provide medical advice. All tobacco
cessation information on the Site is provided for
informational purposes only. The site, including any
information or Sites contained within, is not intended
to substitute or replace the advice of a qualified
healthcare provider. In all specific medical situations,
you should consult a physician.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING SEARCH RESULTS, IS PROVIDED ON
AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE New Hampshire Department of Health and Human Services DOES NOT WARRANT THAT
THE SITE OR SITE WILL BE TIMELY, SECURE, ACCURATE,
COMPLETE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED OR THAT THE SITE WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN
USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE New Hampshire Department of Health and Human Services, ITS AGENTS OR EMPLOYEES BE LIABLE FOR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
INJURY DIRECTLY OR INDIRECTLY RELATED TO THE USE OR
INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED
TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER
VIRUS OR SEARCH RESULT THAT MAY CONTAIN INFORMATION
SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE, EVEN
IF THE New Hampshire Department of Health and Human Services HAS
BEEN NEGLIGENT OR AN AUTHORIZED SITE REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR BOTH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL
THE New Hampshire Department of Health and Human Services'S TOTAL
LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT
YOU PAID TO ACCESS THE SITE.
INDEMNIFICATION
You shall indemnify, defend and hold the New Hampshire Department of Health and Human Services, its officers, directors,
employees and agents (collectively, the "Indemnified
Parties"), harmless from and against any and all claims,
losses, damages, liabilities, judgments and fees and
expenses related thereto (including, without limitation,
reasonable attorneys' fees), incurred by an Indemnified
Party in connection with any claims arising out of,
based upon or resulting from any breach or violation
by you of this Agreement or any use by you of the
Site or as a result of a dispute with another user.
The New Hampshire Department of Health and Human Services reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you, and you shall not in any
event settle or otherwise dispose of any matter without
the prior written consent of the New Hampshire Department of Health and Human Services.
TERMINATION
This Agreement constitutes a binding agreement between
you and the New Hampshire Department of Health and Human Services
until terminated by you or the New Hampshire Department of Health and Human Services, which the New Hampshire Department of Health and Human Services may do at any time, without notice,
in the New Hampshire Department of Health and Human Services's
sole discretion. If you become dissatisfied with the
Site, in any way, your only recourse is to immediately
discontinue use of the Site. You may terminate any
obligations granted hereunder by destroying: (a) all
materials obtained from all New Hampshire Department of Health and Human Services Web sites; and (b) all related documentation,
copies, printouts, and installations.
NOTICES AND DISCLOSURES
Except as explicitly stated otherwise, any notices
shall be given by e-mail to, in the case of the New Hampshire Department of Health and Human Services, quitworksnhinfo@jsi.com,
or, in the case of a user to the e-mail address you
provide to the New Hampshire Department of Health and Human Services. Notice shall be deemed given 24 hours after
e-mail is sent, unless the sending party is notified
that the e-mail address is invalid.
MISCELLANEOUS
This Agreement will be governed and interpreted pursuant
to the laws of the State of New Hampshire, notwithstanding
any principles of conflicts of law, and you hereby
consent to the jurisdiction of such courts. If any
part of this Agreement is held by a court of competent
jurisdiction to be unlawful, void, or unenforceable,
that part shall be enforced to the maximum extent
permissible so as to effect the intent of this Agreement,
and the remainder of this Agreement shall continue
in full force and effect. The failure by either you
or the New Hampshire Department of Health and Human Services to
exercise or enforce any rights or provisions of this
Agreement shall not constitute a waiver of such right
or provision. You agree that any cause of action arising
out of or related to the Site or this Agreement must
commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently
barred. Possible evidence of use of the Site for illegal
purposes will be provided to law enforcement authorities.
The Agreement comprises the entire agreement between
you and the New Hampshire Department of Health and Human Services
and supersedes all prior agreements between the parties,
regarding the subject matter contained herein. All
provisions in this Agreement regarding representations
and warranties, indemnification, disclaimers and limitation
of liability shall survive any termination of this
Agreement. The New Hampshire Department of Health and Human Services reserves the right to change this Agreement
at any time by posting a new Agreement on the Site.
Your continued use of the Site after such changes
are posted will constitute your agreement to such
changes.
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