StopCold Store

LiveAbility, LLC / The StopCold Program Non Exclusive Limited Licensing Agreement and Terms of Use

We at LiveAbility, LLC/The StopCold Program appreciate your interest in our proprietary smoking cessation treatment program. Thank you.

This page contains the Non Exclusive Limited Licensing Agreement and Terms and Conditions of Use (the "Terms of Use") governing your use of LiveAbility, LLC/The StopCold Program’s proprietary smoking cessation treatment program (the “Program”) and our services, including the LiveAbility, LLC/The StopCold Program web page located at www.stopcoldnow.com and all associated links to such web page owned by LiveAbility, LLC/The StopCold Program (hereinafter referred to as the "Site"), any off-line additional components, materials and documents (the “Components”) which may be used in delivering or enhancing the Program or our service, and all text, procedures, materials, graphics, clips, animations, interfaces, trademarks, logos, and computer code (collectively, the "Content"), including but not limited to the design, structure, selection, coordination, and arrangement of such Content. The Program, the Components, the Site, and the Content (collectively, the "Service") are the property of LiveAbility, LLC/The StopCold Program ("LiveAbility, LLC/The StopCold Program") and are protected by applicable intellectual property rights.

By clicking the "I accept" button and/or using the Service, you (the "Licensee") agree to these Terms of Use either for yourself or on behalf of your employer or another entity. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind your employer or such entity to these terms and conditions. If you do not have such legal authority, or you do not agree with the Terms of Use, you must press the "I do not accept" button below and you may not use the Service.

LiveAbility, LLC/The StopCold Program reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. The most current version of the Terms of Use may be found at www.stopcoldnow.com/terms/ (or such successor URL as LiveAbility, LLC/The StopCold Program may provide). Your continued use of the Service indicates your acceptance and agreement to the changes. As long as you comply with these Terms of Use, LiveAbility, LLC/The StopCold Program grants you a personal, non-exclusive, non-transferable, limited privilege to enter the Site, receive the Components and use the Service.

Restricted Use For Internal Patient Treatment Purposes Only; No Third Party Distribution Allowed

The Service is made available to you for your personal or internal business use in treating your own patients for smoking cessation provided such treatment is done in compliance with all applicable state and federal laws, rules and regulations. Nothing contained herein permits and you are specifically prohibited from offering, selling or distributing the Program and Service for payment or otherwise to any other user or potential user. If you are asked to, you must provide complete and accurate identification, contact, and other information required as part of the registration/licensing process. LiveAbility, LLC/The StopCold Program reserves the right to refuse or discontinue participation to any applicant at any time at its sole discretion.

Except as expressly provided in these Terms of Use, no part of the Program, the Service, no part of the Site and no Component or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed or linked to in any way (including "mirroring" and "framing") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without LiveAbility, LLC/The StopCold Program's express prior written consent.

The Service is intended for internal use only for the treatment of Licensee’s own patients and may not be used in connection with any other commercial endeavors except those that are specifically endorsed or approved by LiveAbility, LLC/The StopCold Program. Except for distributions for patient treatment purposes to your own employees or independent contractors in compliance with these Terms of Use, you may not distribute the Service or any part thereof, modify, copy, license, or create derivative works from the Service.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service.

You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any LiveAbility, LLC/The StopCold Program server, or to any of the services offered on or through the Service, by hacking, password "mining" or any other illegitimate means. You may not harvest or collect user names, email addresses or any other Licensee or patient identifying information by electronic or other means in violation of the Patient Privacy Regulations under the Health Insurance Privacy and Accountability Act (“HIPAA”) or for the purpose of sending unsolicited email or other communications. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from Licensee profiles without notice and may result in termination of Licensee’s privileges.

You may not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures of the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor of the Service, or any other customer of LiveAbility, LLC/The StopCold Program, including any LiveAbility, LLC/The StopCold Program account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to LiveAbility, LLC/The StopCold Program on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of LiveAbility, LLC/The StopCold Program or others.

Licensee Security Requirements and Password Protection

Access to and use of the Service requires you to open an account (including setting up a LiveAbility, LLC/The StopCold Program ID and password). LiveAbility, LLC/The StopCold Program requires a valid email address as LiveAbility, LLC/The StopCold Program ID. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify LiveAbility, LLC/The StopCold Program immediately of any unauthorized use of your account or password, or any other breach of security. However, you will be responsible for losses incurred by LiveAbility, LLC/The StopCold Program or any other user of the Service due to someone else using your LiveAbility, LLC/The StopCold Program ID, password or account.

You, not LiveAbility, LLC/The StopCold Program, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your data, and LiveAbility, LLC/The StopCold Program shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of this data. You shall not knowingly send or store spam, unlawful, infringing, obscene, or libelous material, or viruses, worms, Trojan horses and other harmful code.

You may not use anyone else's LiveAbility, LLC/The StopCold Program ID, password or account at any time without the express permission and consent of the holder of that LiveAbility, LLC/The StopCold Program ID, password or account. LiveAbility, LLC/The StopCold Program cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

LiveAbility, LLC/The StopCold Program Intellectual Property Ownership

You acknowledge that LiveAbility, LLC/The StopCold Program owns all right, title and interest in and to the Program, the Service, all portions thereof, or software or content provided through or in conjunction with the Service, including without limitation all Intellectual Property Rights in and to the Program and the Service and any suggestions, ideas, enhancements, requests, feedback and recommendations or other information provided by you or any other party relating to the Service. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, or to extract significant portions of Service's files for use in other applications. You also agree to (and will require third parties to) not remove, obscure, or alter LiveAbility, LLC/The StopCold Program' or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service.

Fees and Payments

Should you elect to use the Services, you agree to pay the required fee as specified in the services registration and purchase pages. If you elect not to pay any fees charged by LiveAbility, LLC/The StopCold Program, LiveAbility, LLC/The StopCold Program shall have the right to cease providing those services to you.

Because the Service requires an annual subscription fee, your account will renew automatically on the license anniversary date unless we terminate it, or you notify us by telephone 866-434-6801 or email to info@stopcoldnow.com of your decision to terminate the Service. You must cancel any such subscription 30 days before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Should you we or you terminate your agreement with LiveAbility, LLC/The StopCold Program, you must cease from using all materials including any printed materials, logos, graphics, designs, including any and all property of LiveAbility, LLC/The StopCold Program and return all materials to 710 W. Prien Lake Rd Suite 100, Lake Charles, La. 70601.

LiveAbility, LLC/The StopCold Program Trademarks

LIVEABILITY, LLC/THE STOPCOLD PROGRAM, the LiveAbility, LLC/The StopCold Program Logo, LiveAbility, LLC/The StopCold Program.com, and other LiveAbility, LLC/The StopCold Program' graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of LiveAbility, LLC/The StopCold Program in the U.S. and/or other countries. LiveAbility, LLC/The StopCold Program's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without LiveAbility, LLC/The StopCold Program' prior written permission.

Disclaimer Regarding International Use

You shall abide by all applicable laws and regulations regarding its use of the Service. LiveAbility, LLC/The StopCold Program and its licensors make no representation that the Service is appropriate or available for use in any location. The Service is controlled and operated from within the United States. LiveAbility, LLC/The StopCold Program makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

Disclaimer Regarding Internet Delays

LIVEABILITY, LLC/THE STOPCOLD PROGRAM' SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LIVEABILITY, LLC/THE STOPCOLD PROGRAM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Other Disclaimer of Warranties

LiveAbility, LLC/The StopCold Program and any third party who makes its software or content available in conjunction with or through LiveAbility, LLC/The StopCold Program disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of the Service and/or any third party software or content accessed in conjunction with or through the Service. LIVEABILITY, LLC/THE STOPCOLD PROGRAM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, SERVICE OR PROGRAM WILL PROVIDE SPECIFIC RESULTS. THE PROGRAM, THE SITE, ITS CONTENT, AND THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LIVEABILITY, LLC/THE STOPCOLD PROGRAM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LIVEABILITY, LLC/THE STOPCOLD PROGRAM AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LIVEABILITY, LLC/THE STOPCOLD PROGRAM AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD PARTY SOFTWARE OR CONTENT. LIVEABILITY, LLC/THE STOPCOLD PROGRAM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM, THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LIVEABILITY, LLC/THE STOPCOLD PROGRAM FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE PROGRAM AND SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LiveAbility, LLC/The StopCold Program’s Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LIVEABILITY, LLC/THE STOPCOLD PROGRAM OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF ANY USE OR MISUSE OF THE SERVICE OR SUCH THIRD PARTY SOFTWARE OR CONTENT. NEITHER LIVEABILITY, LLC/THE STOPCOLD PROGRAM NOR ANY THIRD PARTY SOFTWARE OR CONTENT PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF LIVEABILITY, LLC/THE STOPCOLD PROGRAM AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PROGRAM OR THE SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PROGRAM OR THE SERVICE, FROM OVERPAYMENT OR REIMBURSEMENT ISSUES ASSOCIATED WITH OR INABILITY TO USE THE PROGRAM OR SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous and Choice of Law Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to the conflict of laws provisions of Louisiana or your state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by LiveAbility, LLC/The StopCold Program.