Terms of Use

Thank you for using Americans for Nonsmokers’ Rights and the American Nonsmokers’ Rights Foundation’s (ANR/F’s) online courses, hosted on Thinkific!

These courses, bundles, memberships, and communities (“Services”) are offered by the Americans for Nonsmokers' Rights and the American Nonsmokers’ Rights Foundation. By using these Services, you agree to be bound by the Terms below.

User Certification

Single-Use: I understand that Services are for single Users only. I certify that I will not share my username and password for any Services for which I have access.
Conflict of Interest Certification: I certify that I do not have any relationships with tobacco, marijuana/cannabis, and/or the electronic smoking device industry or any allied organization. Should that change, I certify that I will notify ANR/F and/or cease access to any Services.
Refunds: I understand that if I fail to adhere to the Terms of Use contained herein, ANR/F reserves the right to refuse a refund of any payment for Services.

Use of Services

ANR/F owns, or has obtained permission to use, all content presented in providing our Services. Materials that are downloadable may be downloaded for your individual, non-commercial use only, unless you obtain ANR/F’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by the ANR/F, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content without explicit written permission from ANR/F.

The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with ANR/F and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. To the extent that you provide User Content, you grant ANR/F a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting ANR/F the right to authorize Content Providers to use User Content. This includes making your content available to other companies, organizations, or individuals who partner with ANR/F for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you. ANR/F reserves the right to remove or modify User Content for any reason.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. When you use our Services, you will find links to other websites and content that we don’t own or control. We are not responsible for the content or any other aspect of these third-parties or their sites, including their collection of information about you. You should also read their terms and conditions and privacy policies. Our course and site is hosted by Thinkific Labs Inc. (“Thinkific”). They provide us with the online course creation platform that allows us to provide products/services to you. Your data is stored through Thinkific’s data storage, databases and the general Thinkific application. They store your data on a secure server behind a firewall.

Limitation of Liability

There are potential risks inherent to using our Services. You fully accept these risks and you agree that you will have no recourse to seek damages against ANR/F even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, ANR/F will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if ANR/F has been advised of the possibility of damages in advance. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

Indemnification

Each party (ANR/F or User) shall indemnify, hold harmless, and defend the other from and against any claim, suit, action or proceeding brought by an unaffiliated third party, arising out of the indemnifying party’s grossly negligent or willful misconduct under the Terms of Use. As a condition of indemnity, a party seeking indemnification must promptly notify the indemnifying party in writing of any such claim, suit, action or proceeding, and cooperate with the indemnifying party. The indemnifying party shall take control of the defense and investigation of such Action and shall employ counsel of its choice to handle and defend the same. The indemnified party may participate in and observe the proceedings at its own cost and expense.

Updating Terms of Use

From time to time, we may update the Terms of Use to clarify our practices or to reflect new or different practices (such as when we add new features), and ANR/F reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

If you have any questions or concerns about our Terms or Services, please email [email protected].