Log In

Quit&Fit™ Web Site User Agreement

READ CAREFULLY. BY USING THIS SITE USER HEREBY AGREES TO BE BOUND BY THIS AGREEMENT. This agreement explains the terms and conditions governing usage of the Quit&Fit™ Web site, and it is user’s responsibility to read and understand them. By using this Quit&Fit™ Web site, user agrees to be bound by these terms and conditions. If user does not agree to be bound by these terms and conditions, user may not access or use this Web site.
Welcome to QuitandFit.com™.  This Web Site is owned and operated by American Specialty Health, Incorporated on behalf of itself and its subsidiaries (hereinafter collectively referred to collectively as “Quit&Fit”).

USE OF THIS QUITANDFIT.COM WEB SITE IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

THE WEB SITE OF QUIT&FIT IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOMS OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.

IMPORTANT NOTICES

Important Note: The Web Site and services are in no way a substitute for professional medical advice or a medical exam. Services available on this Site are not insurance. Prior to participating in any tobacco cessation program, user should seek the advice of a physician or other qualified health professional. User agrees that no health information provided by Quit&Fit will be used to diagnose, treat, cure or prevent any medical condition without consulting a physician. Application or reliance on any of the content, techniques, ideas and suggestions accessed through the Web Site and the services is at user’s sole discretion and risk.

Important Note: User should seek the advice of a physician before beginning any services offered on this Web Site. If user is pregnant, nursing, a minor or has any type of health condition user is specifically advised to seek professional medical advice from a physician prior to initiating any tobacco cessation program.

Important Note: User should consult with user’s physician or pharmacist before taking any prescription or over-the-counter drugs (including any herbal medicines or dietary supplements) or following any treatment or regimen. Only user’s physician or pharmacist can provide user with advice on what is safe and effective for user.

Important Note: The Food and Drug Administration (FDA) has not approved the use of dietary supplements for the treatment of disease or illness. In addition, all books and informational products have not been reviewed or approved by the FDA and only represent the research and/or the opinions of the authors.

  1. Agreement. Please read this User Agreement carefully before using this Web Site. This User Agreement explains the terms and conditions governing usage of the Web Site, and it is your responsibility to read and understand them. By using this Web Site, you agree to be bound by the terms and conditions of this User Agreement. If you do not agree to be bound by these terms and conditions, you may not access or use this Web Site.

  2. General Information Disclaimer. Quit&Fit does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on this Web Site. The information on this Web Site is subject to change without notice and cannot be guaranteed to be current.

  3. Health Information Disclaimer. Quit&Fit is not a medical provider and its staff cannot give you medical advice or provide any information concerning the diagnosis or treatment of any health condition. The information on this Web Site is of a general nature and is intended only for educational purposes to help with your tobacco cessation goals.  

    • You should consult with your physician or pharmacist before taking any prescription or over-the-counter drugs, including any herbal medicines or dietary supplements.  Only your personal physician or pharmacist can provide you with advice on what is safe and effective for you.
    • You should consult with your physician before following any tobacco cessation program, especially if you are pregnant, nursing, a minor or have any type of health condition.  Only your personal physician can provide you with advice on what is safe and effective for you.
    • Nothing on this Web Site is to be interpreted as advocating the self-management of your health and medical condition(s) or those of your family.  Instead, you should seek professional advice before using any prescription or over-the-counter drug, including any herbal medicines or dietary supplements, and before initiating any changes in your health regimen.
    • You should not delay or forego seeking medical care from a licensed health care professional because of information that may be referenced on this Web Site.  The information or products offered on this Web Site should not be used as a substitute for the diagnosis, advice or treatment of medical conditions by your health care professional. 
    • You agree that you will not use information provided on Quit&Fit Web Sites to self-diagnose, treat, cure, or prevent any medical condition.
    • The information contained herein has been devised generally and could be affected by certain cultural, social, dietary, or language differences.
    • The Food and Drug Administration (“FDA”) has not approved the use of dietary supplements for the treatment of disease or illness.  In addition, all books and informational products have not been reviewed or approved by the FDA and only represent the research and/or opinions of the authors.

  4. Product Purchases.   Quit&Fit does not endorse or warranty any product, including any prescription or over-the-counter drug (including any herbal medicines or dietary supplements) and any tobacco cessation products referenced or offered on this Web Site.

  5. Interactive Tools .  Any interactive sections such as Tools and Trackers, contained in this Web Site are designed to give health information specifically related to the information you provide Quit&Fit. Information you enter into sections such as Tools and Trackers is not collected nor retained by this Web Site. Use of these tools and any interactions with Quit&Fit staff affiliated with this Web Site concerning these interactive tools or any services purchased over the Quit&Fit Web Site are for health education and information purposes only. Use of the tools and any services provided to user by Quit&Fit staff do not constitute medical or other healthcare advice and are not intended to replace the diagnosis, treatment and advice of your physician and other healthcare professionals.

  6. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK.  QUIT&FIT AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE, YOUR USE OF THIS WEB SITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEB SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF QUIT&FIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST QUIT&FIT, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEB SITE. 

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED “AS IS,” AND QUIT&FIT AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THIS WEB SITE.

    IF YOU ARE DISSATISFIED WITH THE SITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE WEB SITE.  

  7. User Password and Information . You are responsible for maintaining the confidentiality and security of any password(s) given to access this Web Site.  You are also responsible for all activity that occurs under your password and should immediately notify Quit&Fit of any unauthorized use of your password. 

    In addition, you must provide Quit&Fit with accurate and complete information, as prompted by the Web Site, including any registration forms.  It is your responsibility to keep all information requested by this Web Site up to date.

    Quit&Fit has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to this Web Site or any part of this Web Site, without any notice or incurrence of liability.  This termination may occur for any reason, including, but not limited to failure to abide by this User Agreement, or any applicable law regarding the use of this Web Site and various products or services provided on this Web Site.

  8. Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through this or any other Quit&Fit Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser or provider. You agree that Quit&Fit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on this Web Site.

  9. Links. Third-party Web Sites linked to this Web Site are not under the control of Quit&Fit, and Quit&Fit is not responsible for the content of any linked Web Site or any link contained in a linked Web Site, or any changes or updates to such Web Sites. Quit&Fit provides these links to you only as a convenience, and the inclusion of any link does not imply a financial or business relationship, or endorsement by Quit&Fit of the Web Site or its products or services. Quit&Fit is not responsible for any activities that you may engage in on any linked Web Site, including without limitation, purchase of products or services.

  10. Not Intended for Minors. This Web Site is not designed or intended for use by minors. You must be 18 years of age or older to use this Web Site.  Minors under the age of 18 years old are not permitted to use this Web Site without the permission and oversight of a parent or guardian.

  11. Changes to User Agreement. Quit&Fit may change the terms of this User Agreement from time to time. By continuing to use the Web Site after Quit&Fit posts any such changes, you accept the User Agreement as modified. You can always find the current version of the user conditions by following the Terms and Conditions link.

  12. Privacy Policy .  Your privacy is important to us.  To learn more about how Quit&Fit protects your personal health information and personally identifiable information, please refer to the Privacy Statement. 

    Except as expressly provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) you transmit to this Web Site by electronic mail or other medium, including any questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary information and may be used by Quit&Fit, Quit&Fit’s vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings.  Furthermore, Quit&Fit, Quit&Fit’s vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication you send to this Web Site for any purpose whatsoever, including, but not limited to:  developing, manufacturing, and marketing products or services.  If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to this Web Site.   

  13. Proprietary Information.  This Web Site contains proprietary information, including, but not limited to, logos, service marks, trademarks, software, photos, videos, text, graphics, comments, feedback, ideas, templates, instructions, notes, drawings, articles and other materials, and the selection, assembly and arrangement of information on this Web Site (collectively, “Content”).  Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by Quit&Fit, Quit&Fit affiliates, or by third parties that have licensed their use to Quit&Fit.  You may download material displayed on this Web Site for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, use, reproduce, copy, distribute, modify, transmit, repost, display, publish, sell, license, create derivative works, assign or transfer any content or information on this Web Site for public or commercial purposes without Quit&Fit’s' prior written permission.  Nothing on this Web Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Quit&Fit, its affiliates, or any third party, whether by estoppel, implication, or otherwise. 

    Quit&Fit is a trademark of American Specialty Health, Incorporated.  Content of this Web Site are: Copyright © 2007, American Specialty Health, Inc. or its licensors.  All rights reserved. 

  14. Indemnification. You hereby agree to defend, indemnify, and hold harmless Quit&Fit and its affiliates, employees, officers, directors, agents and licensors from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, related to your violation of this User Agreement or any activity by you on this Web Site.

  15. Assignment.  Quit&Fit may assign this User Agreement, or any of its rights or obligations under this User Agreement, to any third party without your prior consent.  This User Agreement will inure to the benefit of Quit&Fit’s successors, assigns and licensees. 

  16. Notices .  All notices required or permitted by this User Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail to the following address: 

    Quit&Fit
    P.O. Box 509040
    San Diego, CA 92150-9040

  17. Governing Law. This User Agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of this User Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.

  18. Waiver. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by Quit&Fit. The failure of Quit&Fit to insist upon or enforce the strict performance of the terms of this User Agreement, or to exercise any right under this User Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.

  19. Modifications. At any time, and without prior notice, Quit&Fit retains the right to modify the:

    • Agreement. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
    • Specific Terms. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
    • Site. This Site, or any part thereof, may be discontinued, modified or altered without prior notice and without incurring any liability.

    All modifications made to the Agreement, Specific Terms or the Site are effective immediately. Notice of modifications may be provided by any means, including but not limited to the posting of a revised Agreement on the Site. User is responsible for regularly reviewing this User Agreement and any Specific Terms for any changes that may affect user rights or obligations. Any use of the Site and services after the effective date of any modifications constitutes an agreement to the modifications. Each time user accesses the Site, user will be deemed to have accepted any modifications. All modifications are made exclusively by Quit&Fit and are not valid unless expressly agreed to by Quit&Fit.

  20. Severability. If, for any reason, a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

  21. Use Web Site At Own Risk. THE SERVICES, PRODUCTS AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE ARE DONE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCTS OR CONTENT. QUIT&FIT IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THIS WEB SITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCAHSE OR OTHER ACTIVITY OF USER ON THIS WEB SITE.

  22. Exit From QuitandFit.com.  SHOULD YOU LEAVE THE QUIT&FIT WEB SITE, YOU MAY BE ACCESSING ANOTHER WEB SITE CONTAINING NEW TERMS OF USE AND PRIVACY POLICIES. IF THE WEB SITE IS OPERATED BY A QUIT&FIT AFFILIATE, YOU ARE OBLIGATED TO READ THE TERMS AND CONDITIONS OF THAT AFFILIATED WEB SITE.  IF THE WEB SITE IS OPERATED BY AN UNRELATED THIRD PARTY, QUIT&FIT DOES NOT ENDORSE, CONTROL, OR TAKE RESPONSIBILITY FOR ANY THIRD PARTY WEB SITE OR THE ORGANIZATION THAT HOSTS, CONTROLS AND/OR OWNS SUCH A WEB SITE, ITS VIEWS, OR THE ACCURACY OF THE INFORMATION CONTAINED ON THE WEB SITE.
© 2006 American Specialty Health Incorporated. All rights reserved.