The “Stop My Smoking” program (the “Program”) is comprised of a text messaging smoking cessation program and various web pages operated by Center for Innovative Public Health Research (“CIPHR”).
The Program is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Program constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Program is a smoking cessation program designed to help people to stop smoking.
Privacy
Your use of the Program is subject to CIPHR’s Privacy Policy. Please review our Privacy Policy, which also governs the Program and informs users of our data collection practices.
Electronic Communications
Receiving Program text messages, visiting the Program website, and sending emails to CIPHR constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Program, satisfy any legal requirement that such communications be in writing.
The Program sends multiple text messages per day to users. Users are responsible for all applicable charges and fees assessed by their cell phone carriers. CIPHR is not responsible for overage fees assessed by carriers.
Your account
If you use the Program, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CIPHR is not responsible for third party access to your account that results from theft or misappropriation of your account. CIPHR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
CIPHR does not collect personally identifiable information from children under the age of thirteen.
Text Buddy (Optional)
We pair buddies without reference to gender, personality or general trustworthiness. In fact, our pairing is random.
We ask that buddies treat each other with kindness and respect, but we can’t control even that. Because of this, please understand that nothing about your buddy assignment is meant to convey CiPHR’s endorsement of or support for that buddy, her/his views, or convey a general “stamp of approval” about his/her personality, honesty or lawfulness. CiPHR assumes no responsibility or liability for interactions between buddies.
Be nice, but be smart and be safe, too. Buddy messages are sent through the StopMySmoking program to protect your personal information (including your phone number, name, etc). Only share personal information that you are comfortable having others know about you. Those who participate in the buddy program are entirely responsible for their interpersonal interactions and relationships with their randomly selected buddies.
Cancellation/Refund Policy
You may cancel your subscription at any time. Any cancellations made after 60 days will not qualify for a refund. Please contact us at info@stopmysmoking.com.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Program strictly in accordance with these terms of use. As a condition of your use of the Program, you warrant to CIPHR that you will not use the Program for any purpose that is unlawful or prohibited by these Terms. You may not use the Program in any manner which could damage, disable, overburden, or impair the Program or interfere with any other party’s use and enjoyment of the Program. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Program.
All content included as part of the Program , such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Program, is the property of CIPHR or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Program. CIPHR content is not for resale. Your use of the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CIPHR and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CIPHR or our licensors except as expressly authorized by these Terms.
International Users
The Program is controlled, operated and administered by CIPHR from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Program content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless CIPHR, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Program or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CIPHR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CIPHR in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CiPHR and/or its suppliers may make improvements and/or changes in the program at any time.
CiPHR and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. CiPHR and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall CiPHR and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the program, or otherwise arising out of the use of the program, whether based on contract, tort, negligence, strict liability or otherwise, even if CiPHR or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the program, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the program.
Termination/Access Restriction
CIPHR reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Program. Use of the Program is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CIPHR as a result of this agreement or use of the Program. CIPHR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CIPHR’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Program or information provided to or gathered by CIPHR with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CIPHR with respect to the Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CIPHR with respect to the Program. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The contents of the StopMySmoking.com Site, such as text, graphics, images, and other material contained on the StopMySmoking.com Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the StopMySmoking.com Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. StopMySmoking.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by StopMySmoking.com, StopMySmoking.com employees, others appearing on the Site at the invitation of StopMySmoking.com, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an “as is” basis.
Changes to Terms
CIPHR reserves the right, in its sole discretion, to change the Terms under which the Program is offered. The most current version of the Terms will supersede all previous versions. CIPHR encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
CIPHR welcomes your questions or comments regarding the Terms:
Center for Innovative Public Health Research
555 N. El Camino Real A347
San Clemente, California 92672
Email Address:
info@stopmysmoking.com
Telephone number:
877-302-6858