Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The Try To Stop Tobacco New Hampshire 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 TryToStopNH.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 TryToStopNH.org and the TryToStopNH.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 TryToStopNH.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, tobacco@dhhs.state.nh.us, 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.