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quitplan.com Terms of Use and Privacy Policy

Effective March 3, 2014

Terms of Use

Scope

ClearWay Minnesota provides content on quitplan.com (the "Site") subject to these terms of use (the "Terms"). These Terms describe the rules for using the Site and access to any optimized version of the Site via a wireless device, and are legally binding between you, the person using this Site, and ClearWay Minnesota. Terms such as “we,” “our” and “us” refer to ClearWay Minnesota. To understand ClearWay Minnesota’s practices regarding collection, use, and storage of information received through general use of this Site (for example, through use of our Contact Us form or if you specifically request materials from us on the Site), please read our Privacy Policy below.

By accessing and using the Site, you agree to be bound by these Terms and consent to the terms of our Privacy Policy. We may update these Terms and our Privacy Policy at any time, and such updated versions will be posted on the Site. By continuing to use this Site after the Terms and/or Privacy Policy are updated, you consent to any such updated version of these Terms.

QUITPLAN Services provided by Alere Wellbeing, Inc.

Note that in order to make QUITPLAN® Services available to users, we engage Alere Wellbeing, Inc. (“Alere Wellbeing”). If you choose to enroll in any QUITPLAN Services, whether over the phone or online, the services will be provided to you by Alere Wellbeing and its third party providers. Your enrollment or registration and use of any QUITPLAN Services will NOT be governed by our Terms or Privacy Policy, but will instead be governed by the Terms of Use and Privacy Policy of Alere Wellbeing available for your review at https://www.quitnow.net/Program/Privacy/ . Before enrolling in any QUITPLAN Services, you should review these documents. By enrolling in any QUITPLAN Services, you agree to be bound by the Alere Wellbeing’s Terms of Use and consent to Alere Wellbeing’s Privacy Policy.

Copyright Notice

© 2014 ClearWay Minnesota. All Rights reserved.

Use of Site Content

The information and content (“Content”) on the Site is intended to provide general information about ClearWay Minnesota, QUITPLAN® Services and information and resources about cessation programs. The Content is for your general educational information and should not be considered medical advice. All content on the Site, including text, graphics, icons, logos, and images and their selection and arrangement (collectively “Site Content”), is the exclusive property of ClearWay Minnesota or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

ClearWay Minnesota may, in its sole discretion, suspend or discontinue the Site or any Site Content at any time without notice. ClearWay Minnesota gives you permission to access, download, display and print one copy of the Site Content for your personal or internal business use, provided that you do not modify any Site Content and that you retain all copyright and proprietary notices contained in the materials. You may not otherwise “mirror,” reproduce, modify, distribute, transmit, post, or use the Site Content in any other media without ClearWay Minnesota's prior written consent.

Health Information Disclaimer

Neither the Content nor any services or products offered on this Site can replace the relationship that you have with your health care professionals. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you or someone you know is experiencing a medical emergency, you should seek appropriate emergency medical assistance by calling “911”.

Nothing in the Content or services offered on this Site should be considered, or used as a substitute for, medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Neither this Site nor any services offered on this Site constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment You should always talk to your health care professionals for diagnosis and treatment, including information regarding whether any medications or treatment are appropriate for you. None of the information on the Site represents or warrants that any particular program, treatment or medication is safe, appropriate or effective for you.

Trademarks

QUITPLAN®, ClearWay Minnesota℠ and other trademarks, service marks, and logos ("Trademarks") used and displayed on the Site are the registered and unregistered trademarks and service marks of ClearWay Minnesota. Other trademarks, service marks, logos and trade names belong to their respective owners and are used for identification purposes only. Nothing on this Site grants any license or right to use any trademarks or other intellectual property displayed on the Site. ClearWay Minnesota prohibits the use of the ClearWay Minnesota trade name or Trademarks for advertising or marketing purposes, including displaying them on websites or in press releases, without ClearWay Minnesota’s written permission.

Intended Audience and Availability

This website is intended for Minnesota residents. Site Content may include information about programs services that are not available in your location. QUITPLAN® Services are only available to Minnesota residents.

Translation

Site Content may be fully or partially made available in Spanish. The translations may be done by a person or solely by computer software without review. Any translations are provided as a convenience and ClearWay Minnesota makes no representations regarding the accuracy or completeness of the translations however provided.

Links to Third-party Websites

The Site may provide links to third-party websites. Links to third party websites do not constitute an endorsement for such sites or their content by ClearWay Minnesota. The providers of these sites, and not ClearWay Minnesota, are responsible for such websites and you should review and understand any terms of use and privacy policies that govern your use of the websites that you visit.

Additionally, if you access a non-ClearWay Minnesota website that includes a ClearWay Minnesota Trademark, for example the website of a ClearWay Minnesota partnering organization, please understand that such websites and their content are not controlled, operated or endorsed by ClearWay Minnesota.

Feedback

Unless otherwise described as part of a specific program, if you choose to provide us with any feedback, suggestions, or similar communications, all such communications (“Feedback”) will be considered non-personal, non-confidential and nonproprietary. You hereby grant to ClearWay Minnesota a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.

Disclaimers

While we strive to maintain the Site as accurate and up-to-date, the Content may include inaccuracies or material that is outdated. ClearWay Minnesota does not represent the accuracy or reliability of any statement or information made available on or through the Site.

THE SITE AND ALL SITE CONTENT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLEARWAY MINNESOTA AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT.

Indemnification and Limitation of Liability

You agree to defend, indemnify, ClearWay Minnesota and its subsidiaries, affiliates, officers, directors, employees, and agents, vendors, as well as any third party providers of Site Content (“Site-Related Parties”), harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms or your use or misuse of the Site Content or Site.

YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SITE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE SITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $10.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR CONTENT ARE EXCLUDED EVEN IF THE SITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing law; Jurisdiction

These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with ClearWay Minnesota relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving ClearWay Minnesota or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Contact Us

To contact us regarding these Terms or the operation of the Site, contact us at: info@quitplan.com

Privacy Policy

ClearWay Minnesota values your privacy. This Privacy Policy describes how we handle information that we receive through our website at quitplan.com (the "Site") and through access to any optimized version of our Site via a wireless device.

By accessing and using the Site, you consent to the collection, use, and storage of your information by us in the manner described in this Privacy Policy. We reserve the right to change and update this Privacy Policy and such updated versions will be posted on the Site. In addition to this Privacy Policy, your use of our Site is governed by our Terms of Use above.

Personally Identifiable Information Submitted by You for Requesting Information and Providing Feedback

You are not required to register or enroll in QUITPLAN Services or to otherwise give us personally identifiable information (information that allows people to identify you) in order to use the Site or view Content. We only receive and use personal information that you voluntarily provide. For example, you may use the Contact Us form to submit your name, e-mail and mailing address to request materials or information about ClearWay Minnesota’s services or to provide feedback. If you choose to provide personally identifiable information to us in these ways, ClearWay Minnesota uses that information to fulfill your requests for information, to distribute materials to you, and for such other purposes as you may initiate or request. We may keep your personal information on file and use it to contact you.

ClearWay Minnesota does not sell, rent or lease any personally identifiable data collected on this Site to third parties for their direct marketing or other purposes.

We may disclose your personally identifiable information to third party vendors engaged by ClearWay Minnesota to help manage our Site, fulfill your requests or related to our recruitment processes. In these cases, we require such vendors to restrict their use of such information to the intended purposes. ClearWay Minnesota may disclose your personal information to comply with any legal obligation, to enforce or apply our Terms of Use or to protect our rights or those of other parties. In addition, we may need to, and reserve the right to, disclose or transfer personally identifiable information to third parties in connection with selling, liquidating or dissolving any part of our organization or assets.

Personally Identifiable information Submitted by You for Enrollment or Registration

You may register or enroll in QUITPLAN Services through the Site. Whether or not you choose to enroll in Services is entirely your choice. QUITPLAN Services, whether over the phone or online, are provided by our vendor, Alere Wellbeing, Inc. (“Alere Wellbeing”). If you register or enroll in any QUITPLAN Services, whether over the phone or online, the services will be provided to you by Alere Wellbeing. This means that your personally identifiable information will be submitted directly to, and managed by, Alere Wellbeing. Your personally identifiable information will not be received by ClearWay Minnesota.

Accordingly, your enrollment or registration and use of QUITPLAN Services will NOT be governed by our Terms or Privacy Policy, but will instead be governed by the Terms of Use and Privacy Policy of Alere Wellbeing available for your review at https://www.quitnow.net/Program/Privacy/. Before enrolling in any QUITPLAN Services, you should review these documents. By enrolling, you to agree to be bound the Alere Wellbeing Terms of Use and consent to Alere Wellbeing’s Privacy Policy.

If, as part of the enrollment or registration process, you consent to receiving e-mails or texts, the contact information you provide will be submitted directly to Alere Wellbeing and you will receive communications from Alere Wellbeing in accordance with the Notice of e-mail Communications referenced during the enrollment process.  At any time, you may choose to change your preferences or unsubscribe from these services as described in the Notice of e-mail Communications or by following the instructions within the communications. 

Cookies and Tracking Technologies

The Site may collect certain standard internet log information that you do not visibly enter, such as your IP address, browser type and click stream data.

In addition, in order to manage and improve our Site, we or our service providers may use cookies (small packets of information that are stored by your web browser) or web beacons (electronic images that allow us to count visitors who have accessed a webpage). For general (non-enrolled) users of the Site, these tools do not identify you personally and allow us to track and analyze aggregated usage data about our Site and to improve or customize your experience, for example by saving your language preference.   This information may be shared on an anonymous aggregated basis.  For users who have enrolled in Services through Alere Wellbeing, their tracking data may be aggregated with their personally identifiable information provided during enrollment and used to provide Services to such users or as otherwise described in Alere Wellbeing's Privacy Policy.

You may choose to block or disable cookies from your device using your browser settings or options.  However, this may impact your user experience and parts of the Site may not work for you.

Security

For information that ClearWay Minnesota receives from you through this Site (for example, if you request materials or provide feedback as described above), ClearWay Minnesota has implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss and misuse. (For security practices applicable to enrollment data, see the privacy policy of Alere Wellbeing as referenced above in the section entitled, “Personally Identifiable information Submitted by You for Enrollment or Registration.”) Only authorized ClearWay Minnesota personnel and third party vendors are provided access to personally-identifiable information, and these employees and vendors are required restrict their use to the intended purposes. Despite these precautions, ClearWay Minnesota, however, cannot guarantee that unauthorized persons will not obtain access to your personally-identifiable information.

Children’s Online Privacy

The Site is not designed for or directed at children 13 years of age or younger, and ClearWay Minnesota will not intentionally collect or maintain information about anyone under this age. If you think we have received or collected personal information from a child under the age of 13 through this Site, please contact us.

Contact Us

If you have any questions about this Privacy Policy or the operation of the Site, please contact us at: info@quitplan.com.