1. Acceptance of the Terms
The National Cancer Institute's ("NCI") Tobacco Control Research Branch maintains a web page, http://www.smokefree.gov, ("Website") and mobile information service ("SmokefreeTXT Service", collectively, the "Service"), subject to the following Terms of Service ("Terms of Service"). By using the Service in any way, you agree to comply with these Terms of Service. In the event that you object to any term or condition of these Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your sole recourse is to immediately discontinue use of the Service.
2. Severability of This Agreement
These Terms of Service constitute the entire agreement between you and NCI and govern your use of the Service. NCI's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If a portion or provision within any section of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service 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 use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
4. Use of the Service
Access or Delivery to Mobile Network is not Guaranteed
NCI is not responsible for the delivery of information and content from or to a mobile device as such delivery may fail due to circumstances or conditions beyond NCI's control. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of NCI's control and NCI is not responsible or liable for such problems.
Message Transmission And Delivery By Your Network Operator
You understand and acknowledge that your use of the Service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider.
Text and E-mail Messages Are Not Encrypted
Content distributed via the Service, specifically that of email and text message, are unencrypted. As such, transmissions may be unknowingly and/or unintentionally intercepted by third parties. Your use of the Website and/or the Service acknowledges this fact and releases NCI, its contractors, agents, representatives and affiliates from any such liability that may arise in the event of such unauthorized interception or access.
Text and E-mail Messages Stored on Your Device are Your Responsibility
As NCI does not maintain or have access to your device, e-mail server, and does not maintain or have access to networks outside of the domain and control of NCI, by using the Service you agree that NCI bears no liability or responsibility for the security or control of content, e-mail, text message, or otherwise, once delivered.
Service May Be Limited By Your Operator Or Your Device
As reliability and effectiveness of the Service may be limited by your geographic location, selected network operator or your mobile device, you agree and accept that NCI is not responsible in the event the Service or any portion of the Service does not function.
Mobile Network Operators May not Support All Users
NCI is unable to guarantee the reliability and delivery of content or the Service to your mobile device, since technology such as mobile networks and internet service providers are outside of NCI's control. Accordingly, by using the Service you acknowledge that any such disruptions shall not be the responsibility of NCI.
5. Spam is Prohibited
You will not use the Service to transmit, either directly or indirectly, any bulk mobile messages or unsolicited commercial mobile messages. You will not use the Service in any way that violates NCI's Web Policies. A breach of any part of the Federal Anti-Spam Laws or NCI's Web Policies is a breach of these Terms of Service. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge that the Service does not constitute medical advice and intended solely for general information purposes. The Service should not be considered a substitute for professional medical advice, diagnosis, or treatment. In the event of questions pertaining to medication, medical conditions or related treatment seek the consult of qualified medical professional.
The Website, the Service and related content provided by NCI are provided on an "as is" basis, without warranties of any kind, either express or implied, including without limitation, implied warranties of fitness for a particular purpose, merchantability, or non-infringement. Some states do not allow limitations on how long an implied warranty may last, so the foregoing limitations may not apply to you. You acknowledge that your reliance on the Website, the Service and/or content provided within the Website and/or the Service shall be at your sole risk and responsibility.
NCI makes no representations as to the reliability, accuracy, or completeness of the Service, related content, or opinion, advice or other information contained within or distributed via the Website or the Service. NCI will make all commercially reasonable efforts to ensure that the Website, the Service and related content will remain uninterrupted as well as error and virus free. Nonetheless, by accessing the Service you acknowledge that NCI will not be subject to liability in the event of interruption, error or virus infection.
7. Intellectual Property Rights, Limited License, and Limitations on Use
All content of the Website and the Service is and shall in the future be owned by NCI and protected by United States and international copyright law. Reproduction in whole or in part without permission is prohibited. Use of the Website and the Service may be made solely for your personal, noncommercial use, and with such use NCI grants you a nonexclusive, nontransferable, fully revocable, limited license to access and use the Service. This limited license may be revoked by NCI at any time, for any reason, and without advance notice.
If you download or utilize any material, you must keep all copyright and other notices intact. The right to use such material is not transferable to any other person or entity. You may not modify, copy, distribute, reverse engineer, create derivative works, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content, software, products or services obtained from NCI, the Website or the Service. You may not use any robot, spider, other automatic device or process, or manual process to monitor or copy the Website, Service or related content without prior express written consent of NCI.
You agree not to utilize the Website or the Service in any manner that will impact the functionality of the Website or the Service. You also further agree not to access or attempt to access the Website and/or the Service by any means other than through the interface provided by NCI for use in accessing the Website and/or the Service.
8. Consent to Electronic Communications and Transactions
When you access and use the Service, you are communicating with us electronically. When you leave or retrieve a secure message on the Service, you are communicating with us electronically. We will communicate with you by posting notices to the Website, or by leaving a secure message for you on the Website. You agree to these methods of electronic communication and further agree to our access to protected personally identifiable information that may appear in these messages. You agree to any such transactions in which you may engage. You further acknowledge that all agreements, notices, records, disclosures and other communications we may provide to you electronically will satisfy any and all legal requirements that such communications be in writing.
We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with these Terms of Service and any other appropriate confidentiality and security measures.
9. Limitations of Damages
NCI and its employees, officers, directors, contractors, agents, licensors and suppliers, shall not be held liable for any liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Website and/or the Service, (ii) your violation of these Terms of Service or (iii) any other activity related to your use of the Website or the Service (including negligent or wrongful conduct).
Under no circumstances shall NCI be liable to you or to any other user as a consequence of use, misuse, or reliance on the Website or the Service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, exemplary, and/or punitive damages. This limitation shall apply whether the damages arise from use or misuse of and reliance on the Website or the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service.
10. Applicable Law
NCI controls and operates the Website and the Service from the United States. The Website is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Individuals who choose to access the Website do so at their own initiative and are responsible for complying with all local laws, rules and regulations. These Terms of Service shall be governed by the federal laws of the United States and the state and local laws of the District of Columbia. Jurisdiction will be exclusive to the Federal and State Courts located in the District of Columbia, and by using the Service you hereby consent to the personal and subject matter jurisdiction of such courts.
11. Changes in Content
NCI reserves the right to modify, terminate, suspend or discontinue any aspect of the Service, including the availability of any features at any time. NCImay also impose limits on certain features and services or restrict your access to parts or all of the Website and/or the Service without notice or liability.
12. Changes To This Policy
NCI reserves the right to make changes to these Terms of Service at any time. In the event these Terms of Service are changed, NCI will update the "Last Modified" date at the bottom of this web page. Use of the Website after changes are made to the Terms of Service will be considered as your consent to the new terms. You are encouraged to periodically review these Terms of Service to be sure you are familiar with the most current version.
13. Contact Information
If you have questions about these Terms of Service or anything else about NCI, you can contact us at the following email address: NCISmokefreeTeam@mail.nih.gov.