NOTICE: Please read our Terms of Use and our Privacy Policy now and check occasionally for future changes. If you use the site then we will assume that you have read these rules and agree to follow them. The www.makesmokinghistory.org website is a project of Health Resources in Action, a Massachusetts charitable nonprofit corporation (“HRiA” or “we” or “us” or “our”) which operates makesmokinghistory.org. The website is funded by the Massachusetts Department of Public Health (“MDPH”) which holds all rights to the website.
Makesmokinghistory.org is offered and intended for use by users 13 years of age or older. If you are not yet 13 years old, please discontinue using the website immediately. If for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the website immediately. By using or attempting to use the website, you certify that you are at least 13 years of age and meet any other eligibility requirements of the website.
1. COPYRIGHT, COPYING, AND TRADEMARK
The entire makesmokinghistory.org website is protected by copyright owned by Health Resources in Action, Inc., all rights reserved. If you find these materials useful, you may download, print out, or send a copy to others but only for personal use or nonprofit uses. It is absolutely prohibited to reprint or electronically reproduce any text, document, graphic, or audio or visual material for commercial use. For special copyright permissions, please write to: info@makesmokinghistory.org or makesmokinghistory.org, Health Resources in Action, Inc., 95 Berkeley Street, Boston, MA 02116.
2. DISCLAIMER OF ENDORSEMENT
The information posted on the makesmokinghistory.org website includes information copyrighted by others, as well as hypertext links to other websites. These linked websites are developed and maintained independently and are not a part of the makesmokinghistory.org website. When you leave the makesmokinghistory.org website and travel to another website or web page, you become subject to the terms of use and privacy policies of those other websites. Neither Health Resources in Action, Inc. nor any of its sponsoring agencies (or other affiliates) controls or guarantees the accuracy, relevance, timeliness, or completeness of any content found on a linked website or endorses the views expressed, or products or services offered by, any third-party information or linked websites.
3. INFORMATION PROVIDED ON THE MAKESMOKINGHISTORY.ORG WEBSITE DOES NOT CONSTITUTE MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE
The information contained in this website or transmitted to you electronically is not intended nor implied to constitute medical advice, diagnosis, or treatment. Always visit or speak to a qualified health care provider about any questions you may have regarding a medical condition. Neither Health Resources in Action, Inc. nor any of its sponsoring agencies directly or indirectly practices medicine or dispenses medical advice.
In addition, nothing contained in the makesmokinghistory.org website is intended to be legal advice, nor does it constitute legal advice. You should seek the advice of an appropriate attorney or other professional regarding any of your questions or concerns of a legal or professional nature.
4. DISCLAIMER OF WARRANTY AND LIABILITY
Neither Health Resources in Action, Inc. nor any of its sponsoring agencies assumes any liability for any diagnosis, treatment, decision you make, or action you take based on information contained on the makesmokinghistory.org website or any internet sites linked to it. Neither Health Resources in Action, Inc. nor any of its sponsoring agencies assumes any responsibility or risk for your use of the makesmokinghistory.org website or the internet.
Furthermore, neither Health Resources in Action, Inc. nor any of its sponsoring agencies makes any express or implied warranties, representations, or endorsements of service providers, resources, hotlines, or other websites included in the makesmokinghistory.org website. Neither Health Resources in Action, Inc. nor any of its sponsoring agencies reviews, operates, or controls in any way any content, material, information, products or services on any related website, including electronic transmissions from you or other users or content connected to the makesmokinghistory.org website through hypertext links or any other means.
In no event shall Health Resources in Action, Inc. or any of its sponsoring agencies or other affiliates be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising directly or indirectly out of or in any way connected with the makesmokinghistory.org website, including without limitation:
a) any failure or delay in updating or including any materials on the makesmokinghistory.org website;
b) any use of or inability to use the makesmokinghistory.org website or any materials on the site even if Health Resources in Action, Inc. has been advised of the possibility of such damages; or
c) any failure, performance, error, omission, interruption, delay in operation of transmission, computer virus or search result that may contain information some people may find inappropriate or offensive, even if HRiA has been negligent or an authorized site represetntative has been advised of the possibility of such damages or both.
5. WAIVER OF RESPONSIBILITY FOR DEFECTIVE OR CONTAMINATED MATERIALS
Although Health Resources in Action, Inc. makes every reasonable effort to ensure the correctness of data available on makesmokinghistory.org, Health Resources in Action, Inc., for itself and its sponsoring agencies, disclaims responsibility for any errors or omissions in the content of makesmokinghistory.org. Neither Health Resources in Action, Inc. nor any of its sponsoring agencies (or other affiliates) guarantees or warrants that files available for downloading through this website will be free of “infection” or “viruses,” “worms,” “Trojan horses,” or other codes that contain contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a procedure outside the makesmokinghistory.org website for the reconstruction of any lost data. Use of the makesmokinghistory.org website and the internet generally is at the user’s own risk.
6. LEGAL ACTIONS
These Terms of Use and the associated Privacy Policy shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts-of-laws principles, and you agree to submit to the personal jurisdiction of the courts of the Commonwealth of Massachusetts. In the event that any portion of these Terms of Use is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this website, or the use of this website, must be filed within one year after such claim or cause of action arose and must be filed in a court in Massachusetts. If a court of competent jurisdiction should find that any provision or portion of these Terms of Use or the Privacy Policy is unenforceable, the remainder of each document will continue in full force and effect.
You shall indemnify, defend and hold HRiA, 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. HRiA 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 HRiA.
MODIFICATIONS TO SITE
HRiA 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. HRiA may impose limits on certain features of the site or restrict your access to part or all of the site without notice or penalty.
MONITORING
You agree that HRiA 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, HRiA does not and cannot review all materials posted to the site by users and HRiA is not responsible for any such materials posted by users.
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 HRiA. HRiA 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 HRiA through this site (each, a “Submission”) will become the exclusive property of HRiA. Subject to the provisions of the makesmokinghistory.org Privacy Policy, HRiA 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 HRiA operations. Without limitation, HRiA will have exclusive ownership of all present and future existing rights to every Submission. HRiA will be entitled to use the Submission for any purpose whatsoever, without compensation to you or any other person.
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.
7. USER RULES
You are solely responsible for the content of any materials or User Information you post or submit through this site. In order to maintain an informative and valuable service that meets the needs of the viewers and avoids harm to others, it is necessary to establish and for you to follow these user rules:
a. If you find these materials useful, you may download, print out, or send a copy to others but only for personal use or nonprofit uses. It is absolutely prohibited to reprint or electronically reproduce any text, document, graphic, or audio or visual material for commercial use.
b. You may not submit or transmit any message that is libelous or defamatory, or violates any other person’s copyrights, privacy or publicity rights, trademarks, trade secrets, or rights in other confidential information. You indemnify Health Resources in Action, Inc. and each of its sponsoring agencies (that means you are financially responsible to Health Resources in Action, Inc. and those agencies) for any and all claims, losses or expenses incurred by any of them as a result of your violation or alleged violation of this paragraph.
c. You may not submit or transmit any message, data, image, or program with the intent to threaten the safety of others or to cause others to feel that they are being threatened.
d. Health Resources in Action, Inc. does not intend to discourage you from taking controversial positions or expressing what may be unpopular views; however, Health Resources in Action, Inc. reserves the right to take such action as it deems appropriate in cases where makesmokinghistory.org is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.
Keep in mind, Health Resources in Action, Inc. reserves the right to share information you provide (including any identifying information you provide) (i) with legal authorities if it is, in our sole opinion, necessary to investigate, prevent, or take action regarding suspected fraud, (ii) in any situation involving threats or potential harm to the physical safety of any person, or (iii) if required by law (such as if required by a subpoena, court orders or other legal means).
e. You may not interfere with other users’ use of the makesmokinghistory.org website, including, without limitation, disrupting the normal flow or use of the service.
f. You may not post or transmit any file which contains “viruses,” “worms,” “Trojan horses” or any other contaminating or destructive features.
g. It is the general policy of Health Resources in Action, Inc. to protect the privacy of the persons transmitting any messages to makesmokinghistory.org. By sending a submission to makesmokinghistory.org, you automatically authorize Health Resources in Action, Inc. to read it, edit it, and publish it on the website or any of our future publications and authorize other organizations to publish it. Before distributing it, however, Health Resources in Action, Inc. will take reasonable steps to remove identifying information.
We reserve the right to remove any information that is posted in violation of these Terms of Use and to suspend any registered user accounts for persons who violate these Terms of Use.
TERMINATION
This Agreement constitutes a binding agreement between you and HRiA until terminated by you or HRiA, which HRiA may do at any time, without notice, in HRiA’s sole discretion. If you become dissatisfied with this 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 HRiA Web sites; and (b) all related documentation, copies, printouts, and installations.
8. Digital Millennium Copyright Act Notices
As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the makesmokinghistory.org website infringes your copyright, you must send a notice of claimed infringement to the designated agent of Health Resources in Action at the following address:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Health Resources in Action, Webmaster
Full address of designated agent to which notification should be sent:
Health Resources in Action
95 Berkeley Street
Boston, MA 02116
Telephone number of designated agent:
(617) 451-0049
Facsimile number of designated agent: (617) 451-0062
To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the site are covered by a single notification, a representative list of such works at the site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Health Resources in Action, Inc. to locate the material.
- Information reasonably sufficient to permit Health Resources in Action, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Miscellaneous
The Agreement comprises the entire agreement between you and HRiA and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Agreement regarding representations and warranties, indemnification, disclaimers and limitation of liability shall survive any termination of this Agreement. HRiA reserves the right to change this Agreement at any time by posting a new Agreement on the Site. You continued use of this site after such changes are posted will constitute your agreement so such changes.
