Thank you for using QuitSmoking.com! These Terms of Service ("TOS") govern the use of QuitSmoking.com's online sites including QuitSmoking.com and QuitSmokingMessageBoard.com, and on mobile devices (collectively, "QuitSmoking.com").
1. Consent to the TOS and Account Registration
The TOS apply to users of QuitSmoking.com as well as individuals whose payment details are used to purchase QuitSmoking.com products or create an account (collectively referred to as, "you").
- Use of QuitSmoking.com by Minors. Children under 18 or the age of majority in their jurisdiction of residence ("Minors") may use QuitSmoking.com, but use by such Minors shall only be done with the guidance, supervision, and consent of their parents, guardians, and/or authorized school officials. We rely on parents and guardians to ensure Minors only use QuitSmoking.com if they can understand their rights and responsibilities as stated in the TOS. If you are a parent or guardian and you provide your consent to a Minor’s use of QuitSmoking.com, you agree to be bound by the Minor’s use of QuitSmoking.com and by the TOS.
- Account Confidentiality. You agree that you have the responsibility for maintaining the confidentiality and security of your Account Information. You agree to notify us immediately of any unauthorized use of your Account Information.
- No Guarantee of Availability of Classes or Features. As part of our process of continuously improving QuitSmoking.com, we may retire certain educational classes, assignments, assessments, or features, or enable new educational classes, assignments, assessments, or features. We reserve the right to make modifications to QuitSmoking.com at our discretion.
2. Intellectual Property
QuitSmoking.com, including, but not limited to, text, graphics, classes, software and images (collectively "Content"), is proprietary and protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties. QuitSmoking.com is also protected as a collective work or compilation under United States copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in QuitSmoking.com. You agree that, without our prior written consent, you may not download, copy or store Content in any form outside of QuitSmoking.com and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of the Content. You acknowledge that QuitSmoking.com has been developed, compiled, prepared, revised, selected, and arranged by QuitSmoking.com and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of QuitSmoking.com and such others. You agree to protect the proprietary rights of QuitSmoking.com and all others having rights in QuitSmoking.com during and after the term of this agreement and to comply with all reasonable written requests made by QuitSmoking.com or its suppliers and licensors of content or otherwise ("Suppliers") to protect their and others’ contractual, statutory, and common law rights in QuitSmoking.com. You agree to notify QuitSmoking.com immediately upon becoming aware of any unauthorized access or use of QuitSmoking.com by any individual or entity or of any claim that QuitSmoking.com infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to QuitSmoking.com shall, as between you and QuitSmoking.com, at all times be and remain the sole and exclusive property of QuitSmoking.com.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with our consent, and you acknowledge that you have no ownership rights in or to any of such items. You agree that all data and algorithms in our flash files and associated servers are "trade secrets" as defined, without limitation, in the California Uniform Trade Secrets Act.
3. Your License to Use QuitSmoking.com
We provide you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make personal and non-commercial use of QuitSmoking.com, subject to the TOS. This license is available to you as long as you are not barred from QuitSmoking.com by applicable law, or your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use QuitSmoking.com. QuitSmoking.com reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
4. Restrictions and Prohibited Uses
QuitSmoking.com is used by lots of people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except as provided in the TOS, you shall not:
- Attempt to impersonate another person or use as an QuitSmoking.com user name or name subject to any rights of another person without appropriate authorization;
- Use, share or distribute QuitSmoking.com for your own scientific or clinical research purposes without our prior express written consent;
- Violate or attempt to violate QuitSmoking.com’s security features, including accessing content not intended for you, logging into a server or account that you are not authorized to access, or probing, scanning, or testing the vulnerability of QuitSmoking.com or associated systems and networks;
- Recirculate, distribute, recompile, decompile, disassemble, reverse engineer, store, transmit, publish, copy, download, make or distribute QuitSmoking.com, or any portion thereof, or any derivative work from, including QuitSmoking.com’s source code;
- Use QuitSmoking.com to affect your ability to realize revenue in connection with QuitSmoking.com or compete with the business of QuitSmoking.com or its affiliates;
- Scrape, access, monitor, or copy any content or information on QuitSmoking.com by accessing QuitSmoking.com in an automated way, using any robot, spider, scraper, web crawler, or using any method or access other than manually accessing the publicly-available portions of QuitSmoking.com through a browser or mobile device or accessing QuitSmoking.com through any approved API;
- Violate the restrictions in any robot exclusion headers of QuitSmoking.com, if any, or bypass or circumvent other measures employed to prevent or limit access to QuitSmoking.com;
- Use QuitSmoking.com in any manner that could harm, take over, disable, overburden, or otherwise impair any of our computer systems;
- Interfere with any other party’s use and enjoyment of QuitSmoking.com, or any of the content, information, or services provided through QuitSmoking.com;
- Use QuitSmoking.com, the information contained therein, or any trademarks, trade names, services, marks, copyrights, or logos of QuitSmoking.com or its affiliates, in unsolicited mailings or spam material or to operate contests;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, parent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal, or otherwise inappropriate;
- Post or transmit any communications intended to obtain personal information from any other user, including minors;
- Remove or modify any copyright, trademark or other proprietary rights notice that appear on any portion of QuitSmoking.com or an materials copied from QuitSmoking.com; or
- Use QuitSmoking.com to violate any laws, for any illegal purposes or in any manner inconsistent with the provisions of the TOS.
Violating any of these restrictions or engaging in prohibited uses is grounds for immediate termination of your QuitSmoking.com account. It may also subject you to civil or criminal penalties.
5. Your Content and Feedback
Some sections of QuitSmoking.com either now or in the future may allow you to post or submit content and materials for publication on QuitSmoking.com. You are solely responsible for all content and materials that you post or submit to QuitSmoking.com for such purposes ("Your Content"), and acknowledge that once published, Your Content cannot always be withdrawn. When using QuitSmoking.com, you shall not submit, upload, post, or otherwise make available any material that violates the Restrictions contained in Section 4 above.
By uploading Your Content, you are representing that you own Your Content, and that you will indemnify QuitSmoking.com, its subsidiaries, and affiliates for all claims resulting from Your Content.
You assume all risks associated with Your Content, and QuitSmoking.com takes no responsibility and assumes no liability for any content you submit. QuitSmoking.com may, but is not required to, monitor the content on its site using any means to screen, block, filter, edit or remove content. QuitSmoking.com may terminate or suspend users’ accounts or delete, edit or remove content that QuitSmoking.com, in its sole discretion, deems illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable.
For Your Content, you agree that QuitSmoking.com, its subsidiaries, and affiliates have a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display Your Content throughout the world in any form, media, or technology now known or hereafter developed. You assign QuitSmoking.com the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the TOS, scraped, copied, or distributed content from QuitSmoking.com that has been provided to us by you and for which you have not granted such third parties a separate license to use.
We appreciate when you provide us feedback through customer service, by email or social features, but please be aware that we may use any feedback, comments, or suggestions without any obligations to you.
6. Warranty Disclaimer
YOU AGREE THAT USE OF QuitSmoking.com IS AT YOUR OWN SOLE RISK AND THAT QuitSmoking.com AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QuitSmoking.com AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING QuitSmoking.com, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
QuitSmoking.com MAINTAINS QuitSmoking.com ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO QuitSmoking.com. QuitSmoking.com MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. YOU WILL NOT HOLD QuitSmoking.com RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) QuitSmoking.com, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS, DEVICES, OR DATA. EXCEPT AS PROVIDED IN THESE TOS, YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHT, BASED IN PROPERTY OR OTHERWISE, TO ANY DATA CREATED THROUGH OR GENERATED BY YOUR ACCESS TO OR USE OF QuitSmoking.com.
YOU ACKNOWLEDGE THERE IS A RISK OF DATA LOSS, INCLUDING CATASTROPHIC DISK FAILURE WHICH COULD RESULT IN A LOSS OF ALL DATA. YOU AGREE THAT YOU WILL NOT HOLD QuitSmoking.com RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH LOSS.
We strive to make QuitSmoking.com accessible on many web browsers and devices and we may update the technologies that we use for QuitSmoking.com. Because technologies vary widely and rapidly change, we are not able to guarantee that QuitSmoking.com will function on all systems or network services either now or for future versions of QuitSmoking.com. You are responsible for ensuring that your equipment and network function with QuitSmoking.com.
7. Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL QuitSmoking.com OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO QuitSmoking.com FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID YOU TO SUBSCRIBE TO QuitSmoking.com; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF QuitSmoking.com; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. QuitSmoking.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH QuitSmoking.com AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN QuitSmoking.com AND YOU. YOU UNDERSTAND THAT QuitSmoking.com WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
8. Liquidated Damages
You agree that it would be difficult to ascertain the exact amount of damages that we would suffer as the result of the theft of Content, especially if stolen Content is exploited for commercial use on a website or any other digital medium. Therefore, you agree that, in the event you steal, copy without authorization, or otherwise misappropriate Content, QuitSmoking.com is entitled to recover from you liquidated damages in the amount of five thousand ($5,000.00) dollars per graphic or image, and twenty thousand ($20,000.00) dollars per game, exercise, or application that is stolen, copied without authorization, or otherwise misappropriated. You agree that this amount represents a reasonable, minimal, estimate of the damage that QuitSmoking.com would suffer but does not in any way limit actual damages, if so pursued. ANY ACTION BY QuitSmoking.com TO ENFORCE THIS SECTION SHALL NOT BE DEEMED A WAIVER OF OUR RIGHT TO PURSUE, AT OUR SOLE DISCRETION, ANY AND ALL OTHER REMEDIES AVAILABLE TO IT UNDER THIS AGREEMENT OR BY LAW.
9. Irreparable Injury
You agree that any actual or threatened breach of the TOS or infringement of proprietary or other third party rights by you would cause irreparable injury to QuitSmoking.com and would therefore entitle QuitSmoking.com to injunctive relief without any additional showing of irreparable injury or harm.
You will indemnify and hold QuitSmoking.com, its parents, subsidiaries, affiliates, officers and/or employees ("QuitSmoking.com Indemnified Parties"), harmless, including by paying costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to QuitSmoking.com, the violation of the TOS by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
11. Medical Disclaimer
QuitSmoking.com and QuitSmoking.com Content are not attempts to practice medicine, therapy or provide specific medical, therapudic advice. Use of QuitSmoking.com does not establish a doctor-patient / therapist-client relationship. Any health information and links on QuitSmoking.com, whether provided by QuitSmoking.com or by contract from outside providers, is provided simply for your convenience.
12. Agreement to Arbitrate and Waiver of Class Action Claims
LEASE READ THIS SECTION 12 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises between you and QuitSmoking.com, our goal is to provide you a neutral and cost effective means to resolve the dispute quickly. To that end, you agree to first contact Addo customer support through your account or this link. IF THAT DOES NOT RESOLVE THE ISSUE, THEN YOU AND QuitSmoking.com AGREE TO THE FOLLOWING METHODS TO RESOLVE ANY DISPUTE OR CLAIM.
GENERAL. YOU AGREE WITH QuitSmoking.com THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND QuitSmoking.com WILL RESOLVE THROUGH BINDING ARBITRATION ANY "ARBITRAL CLAIM," which is any claim or dispute you have against or with QuitSmoking.com or QuitSmoking.com Indemnified Parties, or any claim QuitSmoking.com has against or with you, arising out of or relating to this Agreement to Arbitrate (including its formation, enforceability, performance, and breach), QuitSmoking.com, the parties’ relationship with each other, or any advertising relating to QuitSmoking.com. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitration, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration, and shall be empowered to grant whatever relief would be available in a court under law or in equity.
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED.
LOCATION AND RULES. YOU AND QuitSmoking.com AGREE TO SUBMIT TO BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA THROUGH THE JUDICIAL ARBITRATION AND MEDIATION SERVICES ("JAMS") PROCEDURES AND RULES THAT ARE IN EFFECT ON THE DATE THE ARBITRATION IS FILED, UNLESS THIS AGREEMENT TO ARBITRATE IS INCONSISTENT WITH THOSE PROCEDURES AND RULES, IN WHICH CASE THIS AGREEMENT WILL PREVAIL. JAMS is independent from us, and you must follow its rules and procedures for initiating and pursuing arbitration. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act ("FAA") and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator’s award shall be binding on the parties and judgment upon any arbitration award may be entered in any court having jurisdiction.
At your written request, we will consider any reasonable requests to advance or reimburse any arbitration filing fee, administrative and hearing fees (not including attorneys’ fees or costs) that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court.
Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator at the time the claim is filed. You may obtain copies of the current JAMS rules, and other related materials, including forms and instructions for initiating arbitration, by contacting the arbitration administrators as follows:
1920 Main Street, Suite 300
Irvine, CA 92614
EXCEPTIONS. NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ALL ARBITRAL CLAIMS THROUGH ARBITRATION, THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE YOU FROM BRINGING A CLAIM IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, IF YOUR CLAIM QUALIFIES. IT ALSO DOES NOT PRECLUDE EITHER PARTY FROM BRINGING CLAIMS IN A COURT OF LAW TO ENFORCE INTELLECTUAL PROPERTY RIGHTS; OR FOR QuitSmoking.com TO BRING CLAIMS IN A COURT OF LAW TO PREVENT OR REMEDY UNFAIR COMPETITION, MISAPPROPRIATION OF TRADE SECRETS, UNAUTHORIZED ACCESS, FRAUD OR COMPUTER FRAUD, AND/OR INDUSTRIAL ESPIONAGE. NEITHER PARTY IS PRECLUDED FROM SEEKING RELIEF IN A COURT LOCATED IN SAN FRANCISCO, CALIFORNIA FOR PROVISIONAL REMEDIES, INCLUDING TEMPORARY RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, AND RECEIVERSHIPS, PENDING ARBITRATION OR COMPREHENSIVE LITIGATION, TO THE EXTENT AUTHORIZED ABOVE.
CLASS ACTION WAIVER. YOU AND QuitSmoking.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH QuitSmoking.com THAT NEITHER YOU NOR QuitSmoking.com WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR QuitSmoking.com WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
NO RIGHT TO JURY TRIAL. YOU AND QuitSmoking.com ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, QuitSmoking.com, OR QuitSmoking.com INDEMNIFIED PARTIES, BOTH YOU AND QuitSmoking.com STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. OTHER RIGHTS INCLUDING THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED BY ARBITRATION. BY USING THIS SERVICE, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: QuitSmoking.com, ATTN: Arbitration Opt-out, 199 N. 290 W. Ste. 150, Lindon UT, 84042. For new users, the notice must be sent within 30 days of registering for QuitSmoking.com, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to arbitrate disputes as laid out above. If you opt-out of these arbitration provisions, QuitSmoking.com also will not be bound by them.
13. Using Social Features and Links to Third Party Sites
QuitSmoking.com may enable social features that allow you to communicate with other users or our employees, including some social features provided by third parties, such as the Facebook Comments plugin available on our Blog. Similarly, we may link to third party sites.
These links and third party social features are provided for your convenience only and we cannot make guarantees about their accuracy, reliability, or privacy. Should you choose to access them, you do so voluntarily and assume all risk. In addition, your use of those sites and features may be subject to the terms and privacy policies of those third parties.
14. Canceling Your AccountWhile we hope you enjoy using QuitSmoking.com, you may cancel your account at any time by contacting customer service. We reserve the right to limit or terminate your account if we believe you are in violation of the TOS.
- Severability and Waiver. If any part of the TOS is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and shall be limited or eliminated to the minimum extent necessary so that the TOS shall otherwise remain in full force and effect and enforceable. A waiver by either party of any term or condition in the TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Governing Law, Jurisdiction and Venue. You agree that the TOS are governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Francisco County, California as the legal forum for any dispute arising out of the TOS and/or or your access to or use of QuitSmoking.com to the extent that such dispute is not precluded as an Arbitral Claim.
- Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on QuitSmoking.com or by posting an updated TOS on QuitSmoking.com 45 days in advance of the effective date of the updated TOS. Please note that, for existing users, unless otherwise provided by applicable law, your continued use of QuitSmoking.com following the effective date means that you agree with, and consent to be bound by, the updated TOS.
- Miscellaneous. Both parties agree that the TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS, and that all modifications to the TOS must be in a writing signed by both parties. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by QuitSmoking.com on QuitSmoking.com, the TOS shall govern, unless otherwise indicated. Sections 2-12, and 15 shall survive any termination of the TOS.