1. No Representations or Warranties
The services provided on this web site and the content, information, documents, graphics and images published at this web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
2. Use for Educational Purposes Only
This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this web site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please dial 911 on the nearest telephone or call for emergency help.
3. Collaborative services
If you are using a collaborative service of this site, such as a discussion forum, use of these services is covered by a code of conduct. Do not use the collaboration services to threaten, harass, stalk, or abuse others participating in these services. We reserve the right to remove postings that are deemed inappropriate or offensive, and may also eject or ban any participant who behaves in a manner deemed inappropriate, or offensive from using the forums. You cannot use the collaborative services to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information, specifically, but not limited to, child pornography, bestiality and incest. Also, you may not use these services for chats relating to illegal drugs. Please don't "spam" through the collaborative services. To spam includes sending identical and irrelevant submissions to many different discussion groups, mailing lists, chats or communities. To spam also includes misrepresenting the source of anything you say or post. We reserve the right to remove "spam" and to ban a user at any time, without notice, from any or all collaborative services for spamming. As a user of the collaborative service, you are responsible for anything you say or post and for protecting your own computer system. You are responsible for any actions you may take based on advice or information you receive online. Use your own good judgment when evaluating information provided through any collaborative service, remember that the information provided could be from people at any age and experience level. The decision to conduct transactions with anyone is your own and you should conduct your own research prior to making any decisions.
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
6. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICE, WEB SITE AND OTHER CONTENT AND MATERIALS.
7. Intellectual Property; Limited Use of Content
All contents of this web site are Copyright © 2011 Alere, Inc. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this web site and all names, terms, logos, slogans, images and other indicia identifying Alere Wellbeing's products or services are proprietary marks belonging to Alere. The marks "Alere Wellbeing", "Quit For Life" and the Alere Wellbeing and Quit For Life logos are trademarks and service marks of Alere, Inc. The names of companies and products not owned by Alere and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to Alere Wellbeing, Inc. without the express written permission of Alere Wellbeing, Inc. is strictly prohibited.
You are authorized to view or download a single copy of the material on the web site solely for your personal, noncommercial use. Any special rules for the use of certain software and other items accessible on the web site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Nothing contained in this web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
9. General Terms
Text Messaging Terms and Conditions
Use of the Alere Wellbeing text messaging service (the “Service”) is subject to the following terms and conditions. By using the Service, you agree to be legally bound by these terms and conditions. If at any time you do not agree with these terms and conditions, or any future modifications to these terms and conditions, please do not use the Service. Alere Wellbeing reserves the right to revise these terms and conditions from time to time, and such modifications shall become effective when revised and posted at https://www.quitnow.net/iowa/Terms. Please review these policies frequently.
1. Agreement. As a user of the Service, you agree to the following:
- Access to the Service is at the discretion of Alere Wellbeing and may be revoked at any time.
- The Service may only be used for lawful purposes and may not be used for any illegal activities, including, but not limited to: spamming , solicitation or unauthorized advertising; launch of denial of service attacks or viruses; fraud or harassment; intellectual property infringement; or any other activity that subjects Alere Wellbeing or any third party to liability, damages or danger.
- Once delivered to your device, text messages are under your control and are your responsibility. By using the Service you hereby release Alere Wellbeing from any liability arising from or related to access to these messages once they have been delivered.
- To provide only current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use.
- The Services are intended only for general information purposes and do not constitute medical advice. The Services are not a substitute for professional medical advice, diagnosis, or treatment. You agree to seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.
2. Network. Your use of the Service may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device. Certain operators do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet access. The Service may not, in part or in whole, be available to you if your mobile network operator does not support a standard that conforms to the Service. Please note that your use of this Service may result in fees charged to you by the mobile operator, depending on your network service plan agreement.
3. The Service.
The Service consists of text messages regarding Alere Wellbeing’s tobacco cessation program. The total number of text messages you receive will vary depending on your eligibility and experience with the program, but will typically range between 1 and 35 text messages; up to two text messages per day. You may receive more than 35 text messages if you make multiple changes to your quit date. You may stop receiving text messages at anytime by replying STOP to a text message, or by calling 1-800-QUIT-NOW (1-800-784-8669).
Please contact email@example.com
for assistance or questions about the Services. If you receive spam or any offensive message sent through the Service, please email firstname.lastname@example.org
. Be sure to include the phone number to which the message was sent and a description or, if available, the text of the message.
. Alere Wellbeing respects your privacy. We will only use information you provide the Service or as otherwise required or permitted by law. Alere Wellbeing reserves the right to disclose any information as necessary to comply with any applicable law, regulation or governmental request, or to avoid legal liability. The Service is provided in accordance with, and subject to, Alere Wellbeing’s Notice of Privacy Practices, which is available by clicking here
, and subject to amendment at any time.
5. Disclaimer. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ALERE WELLBEING DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. ALERE WELLBEING DOES NOT WARRANT the accuracy or completeness of the Services, the suitability of the content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Services.
6. Limitation of Liability. NEITHER ALERE WELLBEING NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF ALERE WELLBEING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This document updated on: June, 2011