Terms & Conditions

Quitopia provides this website, mobile application and other services and products under the following conditions, which may be amended from time to time. Your use of this site constitutes your agreement tothese terms.

The Quitopia website, associated mobile apps and related media components, services and products are operated by Jibe Studio, LLC., dba as Quitopia. Throughout the site, the terms “we”, “us” and “our” refer toQuitopia.

Quitopia offers this website, mobile application and other services and products, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website, associated mobile apps and related media components, services and product and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, associated mobile apps and related media components, services and product, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website(s) and mobile app(s). By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, mobile application or use any services.

If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current website, mobile applications, and services and products shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, mobile applications and products and services.

It is your responsibility to check this page periodically for changes. Your continued use of or access to the website, mobile applications, products, and services following the posting of any changes constitutes acceptance of those changes.

Our products and services may be hosted on multiple platforms. These platforms provide us with numerous products and services including but not limited to online e-commerce platforms that allows us to offer or sell our products and services to you. The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.

Intellectual Property

The content on this website, mobile application and other services and products is owned by Quitopia and may not be used without written consent of Quitopia.  Quitopia has a non-exclusive, perpetual and royalty-free license to use any material you post on this website, mobile application and other services and products to further their respective purposes. Quitopia, and the Quitopia posts, images and logos may not be used without written consent of Quitopia.

 Accuracy, Completeness & Timeliness of Information

We are not responsible if information made available on this website, associated mobile apps and related media components, services and products is not accurate, complete or current. The material on this website, associated mobile apps and related media components, services and products is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website, associated mobile apps and related media components, services and products is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website, associated mobile apps and related media components, services and products at any time, but we have no obligation to update any information on our website, associated mobile apps and related media components, services and products. You agree that it is your responsibility to monitor changes to our site.

User-Provided Content

You, not Quitopia, are legally responsible for all content you post on this website, mobile application and related services and products. While Quitopia does not routinely review user-provided content, Quitopia reserves the right, but does not have the obligation, to remove any information posted on the website, mobile application and other services and products for any reason or no reason.

Limitation of Liability

You will hold harmless Quitopia and its officers, directors, employees, and agents from all claims arising out of or related to your use of, or your inability to use, this website, mobile application and other related services and products and the information contained in this website or other websites to which it is linked, and Quitopia mobile application(s) and other Quitopia services and products.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Quitopia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 Indemnification

You agree to indemnify, defend and hold harmless Quitopia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 Modifications

Quitopia reserves the right to change or terminate any aspect of the website, mobile application and other services and products, including the site and mobile application itself and individual user accounts for any reason or no reason. Quitopia also reserves the right to impose limits on certain features of the site or restrict access to all or parts of the website, mobile application and other services and products without notice or penalty.

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to access or reproduce, duplicate, copy, sell, resell or exploit any portion of the media, products and services, through which media, services, and products are provided, without express written permission by us.

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 Optional Tools & Third-Party Links

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website, associated mobile apps and related media components, services and products (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our website, associated mobile apps and related media components, services and products may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Affiliate Disclosure

The Federal Trade Commission has rules regarding the disclosure of endorsements and testimonials in advertising.  These rules ensure that online consumers visiting websites, blogs, and social media sites are aware when there is an affiliation between the endorser of a product and the makers of the endorsed product.  In compliance with the FTC guidelines, please assume that any and all links on quitopia.com are affiliate links and that the makers of Quitopia will receive a commission when you buy a product through an affiliate link.  The purchase prices for products purchased through an affiliate link on quitopia.com are the same as those sold directly by affiliated companies.

Expected Results Disclaimer

It is possible for Quitopia users to see no positive and/or meaningful results at all. Results achieved when using Quitopia will be highly variable based on the specific individual user, with some individuals seeing faster and/or greater success than others.  Average results from using Quitopia are certain to be lower than the “best case” results of particular Quitopia users.  It is possible for Quitopia users to see no positive results at all.  The makers of Quitopia take no responsibility for the results achieved by using Quitopia and users must accept all potential outcomes as possible, including negative ones.

The information on this website, mobile application and related services and products does not constitute medical advice or treatment. The information is provided for the general purpose of furthering Quitopia’s mission of cordially empowering individuals.

It does not constitute medical advice or treatment. This website, mobile application and other related services and products is not used to make diagnoses, prescribe medicine or provide treatment, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.

Individuals should work with their healthcare providers in lifestyle changes and health related
areas.  You are solely responsible for the follow-through and use of this information.

Medical Disclaimer

The information on this website, mobile application and related services and products does not constitute medical advice or treatment. You must not rely on the information on this app as an alternative to medical advice from your doctor or other professional healthcare providers.

Quitopia, its mobile application(s), domains, subdomains and related websites and apps, and product and services may contain information about medical conditions and treatments.  Where appropriate this information is referenced to source material and we encourage you to complete your own research.  The information is not medical advice, and should not be treated as such.

 Health Disclaimer

The makers of Quitopia do not recommend or endorse any particular course of action for achieving specific goals, including but not limited to those related to your health, fitness, wellness or nutrition, such as, without limitation, weight loss, exercise, smoking cessation, drug withdrawals, and alcohol elimination.  You should not rely on any information on this website, associated mobile apps and related media components, services and products as a substitute or replacement for professional medical advice, diagnosis, or treatment.  Before undertaking an exercise program, beginning a diet, or taking any other action that can affect your health, fitness, or nutrition, you should consult your physician or other health care professional.  Do not avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this website, associated mobile apps and related media components, services and products. If you have pre-existing physical or mental health conditions, it is not advised that you use Quitopia.  If you choose to use Quitopia regardless of pre-existing health conditions, you do so of your own free will.  The use of any information provided on this website, associated mobile apps and related media components, services and products is undertaken solely at your own risk.
By using this website, associated mobile apps and related media components, services and products, you acknowledge that Quitopia is not liable for any resulting harm that may come from these. Please use Quitopia with caution and consult a physician before use if you have any pre-existing medical conditions.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Quitopia, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Quitopia provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Quitopia nor any of Quitopia’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Quitopia are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

 

Limitations of Warranties

All information on this website and application, including but not limited to medical, health, and scientific information is provided “as is” without any representation or warranties, expressed or implied.  Quitopia makes no representations or warranties in relation to information on this website, mobile application, services or products.  In addition, the information on our websites, mobile application, services or products may not be complete, true or accurate.

Please contact your health care provider with any concerns about your physical or mental health or whether this website, mobile application and other services and products is or is not working for you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Quitopia and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Quitopia or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Quitopia or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Testimonial Disclaimer

Testimonials found on our website represent the unverified results of particular Quitopia users, and may not reflect the typical user and purchaser’s experience, may not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results.