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Terms and Conditions
Stop Smoking




A message

we trust that you would appreciate the following terms and conditions and understand their necessity. Though we are coming from the heart and intending only to support you on your way to a complete and final cessation from cigarette smoking, we need to abide to some regulations of doing business on the Internet and the World Wide Web.

Please consider that by making the program available online, it is potentially exposed to vast audiences. Accordingly we have to take measures towards protecting you and ourselves from potential troublemakers, spam spreaders, hackers, people that find pastime in searching for opportunities to sue, or people who might attempt to abuse the site, infringe its copyrights, etc. Consequently we have been advised to install the following scrupulous terms and conditions.

TERMS AND CONDITIONS OF SERVICE

Acceptance of Terms

By entering this Web site or related services and properties of The fine Balance. (""The fine Balance"") linked to this Web site, including, without limitation, chat rooms and bulletin boards (collectively, the "" The fine Balance " Site") or registering as a participant, you acknowledge and agree to be bound by the following terms and conditions of service (the "Terms and Conditions").

In addition, when using particular services on the "The fine Balance" Site or provided by " The fine Balance ", you and " The fine Balance " shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

By entering the "The fine Balance" site and/or completing the registration process you are indicating your agreement to be bound by these terms and conditions as such terms and conditions may be modified.

Registration Information

In consideration of your use of the " The fine Balance" Site, you will be establishing user name and password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name.

Member Conduct

The " The fine Balance" Site may include bulletin boards and chat rooms ("Bulletin Boards") which allow feedback to "The fine Balance" and interaction between users. "The fine Balance" does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the "The fine Balance" Site, including, without limitation, Bulletin Boards, and your use of the Newsletters that you do not:

a. Restrict or inhibit any other user from using and enjoying the Bulletin Boards or the "The fine Balance" Site;

b. Post, e-mail, upload, or transmit on the Bulletin Boards or the "The fine Balance" Site any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;

c. Post, e-mail, upload, or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

d. Post, e-mail, upload, or transmit any information, software or other material which contains a virus or other harmful component;

e. Post, e-mail, upload, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

f. Impersonate any person or entity, including, but not limited to, a "The fine Balance" employee, moderator or Expert, or falsely state or otherwise misrepresent your affiliation with a person or entity;

g. Stalk or otherwise harass any other person;

h. Collect or store personal data about other users; or

i. Post, e-mail, upload, or transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

You understand that "The fine Balance" has no obligation to monitor the Bulletin Boards or chat rooms. However, "The fine Balance" reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in "The fine Balance's" sole discretion are objectionable or in violation of these Terms and Conditions.

Content Provided by You

By submitting content, posting messages, uploading files, inputting data and registration information, or engaging in any other form of communication on the "The fine Balance" Site or through services on the "The fine Balance" Site, you grant "The fine Balance" a royalty-free, non-exclusive, unrestricted, worldwide right (including any moral rights) and license to: Use, copy, modify, adapt, publish, translate, create derivative works from, transmit, distribute, or display any such communication (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Content on "The fine Balance" Site

The "The fine Balance" Site is owned and operated by "The fine Balance", inc. and contain material (the "The fine Balance" Content") which is derived in whole or in part from "The fine Balance" and other sources and is protected by international copyright and other intellectual property laws. You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any material from the Content including code and software. You may download Content for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Disclaimer of Warranties

"The fine Balance" does not warrant that the functions contained in the materials will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the "The fine Balance" site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. "The fine Balance" does not warrant or make any representations regarding the use or the results of the use of the materials in the "The fine Balance" site in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume the entire cost of all-necessary maintenance, repair or correction. "The fine Balance" makes no warranty regarding any transactions entered into, directly or indirectly, through the "The fine Balance" site.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the "The fine Balance" Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, obtained by you from "The fine Balance" or through or from the "The fine Balance" Site or bulletin board shall create any warranty.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall "The fine Balance", or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, "The fine Balance" content. You specifically acknowledge and agree that "The fine Balance" is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any "The fine Balance" content, or with any of "The fine Balance’s" terms and conditions, your sole and exclusive remedy is to discontinue using "The fine Balance".

Indemnity

You agree to indemnify and hold "The fine Balance" its affiliates, officers, agents or other partners and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, upload or transmit through the "The fine Balance" Site, your use of the "The fine Balance" Site, Bulletin Boards and your connection to the "The fine Balance" Site, your violation of the Terms and Conditions, or your violations of the rights of any person or entity.

Termination

This agreement is effective until terminated by "The fine Balance", at any time with or without notice. In the event of termination, you are no longer authorized to access the "The fine Balance" site, including, without limitation, Bulletin Boards, and the restrictions imposed on you with respect to material downloaded from the "The fine Balance" Site, the disclaimers, indemnities and limitations of liabilities set forth in this agreement, shall survive.

Modification of Terms and Conditions

Upon notice published on the "The fine Balance" Site, or such other notice as may be given, "The fine Balance" may amend or modify these Terms and Conditions, or impose new conditions on use, at any time. Your use of this service after such notice shall be deemed to constitute acceptance of the new Terms and Conditions.

Modification of "The fine Balance" Site

"The fine Balance" may modify or discontinue "The fine Balance" Site with or without notice to you and without liability to you or any third party.

Other

This agreement constitutes the entire agreement between "The fine Balance" and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed servable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.