trytostop.org TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The trytostop.org Web site (the "Site") is provided by the Massachusetts Department of Public Health subject to the following Terms and Conditions ("Agreement") and any operating rules or policies that may be published from time to time by the Massachusetts Department of Public Health. 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 Massachusetts Department of Public Health 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 Massachusetts
Department of Public Health 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 Massachusetts Department of Public Health (collectively,
the "User Information"). The Massachusetts Department of Public
Health's use of any User Information you provide shall be governed
by the trytostop.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 Massachusetts Department of Public Health 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 Massachusetts Department
of Public Health does not and cannot review all materials posted
to the Site by users and the Massachusetts Department of Public
Health 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 trytostop.org and the trytostop.org logo ("Trademarks") are trademarks of the Massachusetts Department of Public Health. Any use of the Trademarks and any other trademarks, trade names or logos under which the Massachusetts Department of Public Health, 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 Massachusetts Department of Public
Health. 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 Massachusetts Department
of Public Health, its subsidiaries, divisions or affiliates.
In addition, the Site may contain documents, images, information or other materials not proprietary to the Massachusetts Department of Public Health, 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 Massachusetts Department of Public Health 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 Massachusetts Department
of Public Health. The Massachusetts Department of Public Health
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 Massachusetts Department of Public Health through the
Site (each, a "Submission") will become the exclusive property
of the Massachusetts Department of Public Health. Subject to
the provisions of the trytostop.org Privacy
Policy, the Massachusetts Department of Public Health 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 Massachusetts Department of Public Health
operations. Without limitation, the Massachusetts Department
of Public Health will have exclusive ownership of all present
and future existing rights to every Submission. The Massachusetts
Department of Public Health 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 Massachusetts Department
of Public Health and which may contain information some people
may find inappropriate or offensive. The Massachusetts Department
of Public Health 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 Massachusetts Department of
Public Health. 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 MASSACHUSETTS
DEPARTMENT OF PUBLIC HEALTH 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 MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH,
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 MASSACHUSETTS DEPARTMENT
OF PUBLIC HEALTH 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 MASSACHUSETTS DEPARTMENT OF PUBLIC HEALTH'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 Massachusetts Department
of Public Health, 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 Massachusetts Department of Public Health 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 Massachusetts
Department of Public Health.
TERMINATION
This Agreement constitutes a binding agreement between you and the
Massachusetts Department of Public Health until terminated by
you or the Massachusetts Department of Public Health, which the
Massachusetts Department of Public Health may do at any time,
without notice, in the Massachusetts Department of Public Health'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 Massachusetts
Department of Public Health 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 Massachusetts Department of
Public Health, trytostop@trytostop.org,
or, in the case of a user to the e-mail address you provide to
the Massachusetts Department of Public Health. 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 Massachusetts, 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 Massachusetts Department of Public
Health 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 Massachusetts Department of Public Health 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 Massachusetts Department of Public Health
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.
