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WellMD and Quitology: Terms of Use
PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS AN END USER (AS DEFINED BELOW) (“END USER” OR “YOU”) AND WELLMD, INC. (“WELLMD”) AND QUITOLOGY, INC. (“QUITOLOGY”) (COLLECTIVELY, “WE” OR “US”). THIS WEBSITE TERMS OF USE AGREEMENT, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL WELLMD AND QUITOLOGY RULES AND POLICIES, INCLUDING THE WELLMD AND QUITOLOGY PRIVACY POLICY, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND US REGARDING YOUR ACCESS TO AND USE OF THE WELLMD AND QUITOLOGY WEBSITES (“WEBSITES”). BY ACCESSING OR USING THE WEBSITES, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT.
THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE PLATFORMS. THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, EXPORT CONTROLS, AUTOMATIC RENEWALS, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT.
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITES.
Scope and Acceptance
Anyone who accesses or uses our Websites is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Websites and use of any and all information or data of any kind arising from access to, or use of, the Websites, including, without limitation, any text, graphics, images, artwork, sound recordings, audio, video, and software.
We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. You are responsible for reviewing the Agreement regularly. Your access to any part of the Websites is deemed to be your acceptance of this Agreement, and any changes thereto.
If you are accessing or using any part of the Websites on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
Privacy Policy
Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our End Users.
Description of Websites
The Websites provide access to information about WellMD, Quitology, and their respective services, including but not limited to resources, tools, and content designed to support users in achieving their goals.
Operation
The specific features and functionality of the Websites are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Websites. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Websites at any time.
Inaccuracies
We make great efforts to provide accurate information on the Websites. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Websites. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. WellMD and Quitology make no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Websites. If you believe any portion of the Websites includes an error or inaccuracy, please notify us.
Permitted Use
Certain WellMD and Quitology materials provided through the Websites are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Websites that is not expressly designated as being provided by another End User is the property of WellMD, Quitology, and their respective content providers, and WellMD, Quitology, and their content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Websites and related materials solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Websites shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent or trademark of WellMD, Quitology, or any third party.
Except as expressly permitted by the Agreement, in connection with the use of the Websites, you may not:
(a) alter or modify the Websites, or make any electronic reproduction, adaptation, distribution, performance, or display of the Websites, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Websites; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Websites, or related materials; or
(c) remove or modify any proprietary notice or labels on the Websites, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
(d) use the Websites for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by WellMD, Quitology, or any third party; or
(f) use the Websites to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Websites, or access data on the Websites not intended for you, except as specifically authorized by WellMD or Quitology; or
(h) impersonate or misrepresent your affiliation with any person or entity; or
(i) use any automated means to access or use the Websites, including scripts, bots, scrapers, data miners, or similar software, or display the Websites, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
(j) attempt to or actually disrupt, impair, or interfere with the Websites, or any information, data, or materials posted and/or displayed by WellMD or Quitology; or
(k) attempt to probe, scan, or test the vulnerability of the Websites or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) attempt to interfere with or disrupt access to or use of the Websites by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
(m) post any content to the Websites that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including WellMD’s and Quitology’s rules and policies.
Third Party Properties Referred to on the Websites
Our Websites may refer to physical venues, geographical sites, websites on the Internet, and/or products or services that are not under the control of or maintained by WellMD or Quitology (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by WellMD or Quitology of any such Third Party Properties. You acknowledge that WellMD and Quitology are providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that WellMD and Quitology are not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. WellMD and Quitology do not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Websites, you do so at your own risk.
Availability of the Websites
It is not possible to operate our Websites with 100% guaranteed uptime. WellMD and Quitology will make reasonable efforts to keep our Websites operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Websites. You agree that WellMD and Quitology shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Websites.
Disclaimers
THE WEBSITES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, WELLMD AND QUITOLOGY DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE WEBSITES; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
WELLMD AND QUITOLOGY MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WELLMD AND QUITOLOGY ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON, YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE), OR THE PROPERTY OF OTHERS THAT RESULTS FROM ANY SUCH USE OF OR MATERIAL OR CONTENT DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITES. WELLMD AND QUITOLOGY SHALL HAVE NO LIABILITY FOR ANY DAMAGE OR INJURY CAUSED BY YOUR USE OF THE WEBSITES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WELLMD AND QUITOLOGY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, YOUR ACCESS TO OR USE OF THE WEBSITES. WELLMD AND QUITOLOGY WILL ALSO NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES IN EXCESS OF THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITES OR $100, WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF (A) THE NEGLIGENCE OR GROSS NEGLIGENCE OF WELLMD OR QUITOLOGY OR (B) WHETHER THE LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless WellMD, Quitology, and their affiliates, and their respective officers, employees, contractors, agents, licensors, and assigns from and against any claims, demands, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your use of the Websites, including, but not limited to: (a) your violation of this Agreement; (b) any content submitted by you or using your account to the Websites, including, but not limited to, the extent such content may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful; and (c) any disputes between you and any other user.
Termination
We reserve the right to terminate the Agreement, your account, and your access to the Websites at any time without notice and in our sole discretion. Upon termination, all rights granted to you under this Agreement will immediately cease, and you agree to promptly discontinue all access to and use of the Websites. Sections 6-13 will survive termination of the Agreement.
Miscellaneous
You acknowledge that the ideas, suggestions, documents, and/or proposals that you submit to us regarding our Websites (collectively, “Submissions”) are non-confidential and shall become the sole property of WellMD and Quitology. WellMD and Quitology 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.
If any provision of the Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The Agreement constitutes the entire agreement between you and WellMD and Quitology relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements, representations, understandings, or communications between you and WellMD or Quitology, whether written or oral, regarding the subject matter contained herein. The Agreement is not assignable, transferable, or sublicensable by you except with WellMD’s or Quitology’s prior written consent. WellMD and Quitology may assign the Agreement or delegate its obligations hereunder at any time without your consent.
The failure of WellMD or Quitology to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of the Agreement will be effective only if in writing and signed by WellMD or Quitology. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Applicable Law
The Agreement and the relationship between you and WellMD and Quitology shall be governed by the laws of the State of [State], without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [County], [State].
Contact Information
If you have any questions about the Agreement or the Websites, please contact us at:
WellMD/Quitology, Inc.
474 Atlantic Ave
East Rockaway, NY 11518
Privacy Policy
Introduction
WellMD, Inc. (“WellMD”) and Quitology, Inc. (“Quitology”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the websites [www.wellmd.com] and [www.quitology.com] (our “Websites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Privacy Policy Applies to Information We Collect:
- On these Websites.
- In email, text, and other electronic messages between you and these Websites.
- Through mobile and desktop applications you download from these Websites, which provide dedicated non-browser-based interaction between you and these Websites.
- When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy.
It Does Not Apply to Information Collected by:
- Us offline or through any other means, including on any other website operated by WellMD, Quitology, or any third party; or
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites.
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