ACCEPTANCE OF TERMS OF USE

By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to these Terms of Use, please do not use our services or visit our Site. These Terms of Use constitute the entire agreement between Idamed and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms of Use. 

CHANGES TO THE

TERMS OF USE 

Idamed reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version of the Terms of Use at any time by clicking on the “Terms of Use” hyperlink located at the bottom of the pages on the Site. By using the Site, you signify your acceptance of this Terms of Use. Your use of the Site after changes are made signifies your assent to be bound by the Terms of Use as they exist at that time. 

INTELLECTUAL PROPERTY 

The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property. 

COPYRIGHTS 

The copyright in all materials provided on the Site is owned by Idamed its affiliate(s) or the manufacturer. Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Idamed. Site visitors may only view the materials on the Site for personal, noncommercial use only. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 

TRADEMARKS 

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of Idamed, its affiliate(s) or the manufacturer used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Idamed, Nicorette and Nicoderm or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of Idamed. Idamed prohibits use of its name or any Nicorette or Nicoderm logo and Trademarks as a “hot” link to any non-Idamed Site, unless establishment of such link is approved in advance by Idamed in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of Idamed’s rights in such information and materials. Idamed will aggressively enforce its intellectual property rights to the fullest extent of the law. 

LIMITED RIGHT TO USE 

The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress. 

SITE USER CONDUCT 

You must be 18 years of age or older to access our Site. As a user of the Site, you agree that in connection with your use of the Site and the content you will not: (1) Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (2) Impersonate any person or entity, including, but not limited to, Idamed, Inc., Glaxo Smith Kline, falsely state or otherwise misrepresent your affiliation with a person or entity; (3) Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site; (4) Use the Site for any unlawful purpose; (5) Upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (6) Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party; (7) Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (8) Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (9) Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein; (10) Intentionally or unintentionally violate any applicable local, state, national, or international law. 

TERMINATION 

Idamed reserves the right to terminate your access to the Site or any of its services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Idamed’s rights or interests in its Site, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Idamed Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. 

USER SUBMISSIONS

Idamed or any of its affiliates is free to use, without limitation, any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information. 

DISCLAIMER OF WARRANTY 

THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY IDAMED SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY IDAMED SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL-NECESSARY SERVICING, REPAIR, OR CORRECTION. 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IDAMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, EVEN IF IDAMED OR ANY IDAMED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

LINKS 

The Site may provide links to other World Wide Web sites or resources. Idamed has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Idamed Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Idamed Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against Idamed with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Idamed nor its affiliates, employees, directors, officers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to idamedsmokingcessation.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from Idamed. 

INDEMNITY

You agree to defend, indemnify, and hold harmless Idamed, Inc., its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or the products or your breach of these Terms of Use. Idamed shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. 

CHOICE OF LAW 

You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Use, or any matter concerning Idamed shall be governed by the laws of the United States and the State of California. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in the Southern District of California. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. By using the Site, you agree to comply with all applicable laws and regulations of the United States. The material provided on the Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Idamed makes no representation that materials contained in the Sited are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local