Terms of Use for Clearwaymn.org

Late Updated: February 27, 2019

Scope

ClearWay Minnesota provides content on clearwaymn.org (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.

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.

Copyright Notice

Use of Site Content

The information and content (“Content”) on the Site is intended to provide general information about ClearWay Minnesota, ClearWay Minnesota and information about reducing tobacco use and exposure to secondhand smoke. 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 Site 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

ClearWay Minnesota^SM 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 and services that are not available in your location. ClearWay Minnesota are only available to Minnesota residents.

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 Site 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,” “AS AVAILABLE,” 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; Disputes

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@clearwaymn.org