4 Aug 2014

E-cigs: How they are Winning the War

According to a recently published online article, electronic cigarette companies are quietly winning the war on regulation by successfully lobbying state legislatures to exclude them from tobacco control laws. And their tactics are strategic and creative. According to the article (posted Aug 4, 2014 on www.vox.com), "Public health officials and smoke-free advocates say industry-sponsored bills have the veneer of public health—with provisions about banning sales to minors—but avoid the more stringent rules other tobacco products must abide by." Neighboring states South Dakota, Wyoming and Colorado are listed among the 6 states in the U.S. to define e-cigarettes as tobacco products. For more on this article, CLICK HERE.

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Integration. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. This Agreement may not be modified except upon written changes made by Us. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Severability. If for any reason any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Should any part of this Agreement be declared unlawful, void, or unenforceable, the remaining parts will remain in effect and be enforceable.
Headings and References. All references in this Agreement to Sections, paragraphs, and other subdivisions refer to the Sections, paragraphs, and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivision are for convenience only and do not constitute any part of any such subdivision and will be disregarded in construing the language contained in this Agreement. The word “or” is not exclusive. Words in the singular form will be construed to include the plural and words in the plural form will be construed to include the singular, unless the context otherwise requires.
Modifications. AHA reserves the right, at any time and without notice, to add to, change, update, or modify YTC and the terms of use, simply by posting such addition, change, update, or modification on the website. Any such addition, change, update, or modification will be effective immediately upon posting on the website.
MEDICAL DISCLAIMER. YOU ACKNOWLEDGE THAT INFORMATION IS PROVIDED "AS IS" FOR GENERAL INFORMATION ONLY AND ANY ASSOCIATED DEVICE IS NOT A MEDICAL DEVICE. THE WEBSITE IS NOT INTENDED TO BE NOR IS TO BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. YOU SHOULD ALWAYS CONTACT A HEALTH CARE PROVIDER TO OBTAIN A DIAGNOSIS, TO RECEIVE INFORMATION ABOUT POTENTIAL TREATMENTS, AND TO DISCUSS ANY QUESTIONS YOU MAY HAVE ABOUT YOUR HEALTH. DO NOT DELAY IN SEEKING MEDICAL ASSISTANCE IF YOU HAVE A MEDICAL EMERGENCY. THIS IS NOT INTENDED TO BE MEDICAL SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTH CARE PROVIDER.

Need to CONTACT AHA?

Call us toll-free at 1-800-242-8721, or

Write to us at National Service Center, American Heart Association, 7272 Greenville Avenue, Dallas, Texas 75231.

(REV August 2016)

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For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant to the American Heart Association (“AHA”) and its successors and anyone authorized by it the following unrestricted rights and release, all of which may be exercised without geographical, time or other limitation: In regards to the submission of stories, video or digital recordings, whether of an audio or visual nature, and photographs (collectively “Submitted Material”) for use by the AHA, I hereby release the AHA from all liability, and make the following grants and representations in connection therewith:

(a) The right to record, photograph and/or otherwise use, produce, copyright, transmit by radio or television, use on internet, distribute, exhibit and, as applicable, exploit my likeness, voice, statements, acts, poses, plays and appearances, and all other effects resulting from my services rendered in providing the Submitted Material, it being understood that the rights granted may be exercised in any and all media whatsoever.

(b) All my right, title and interest in all negatives, tapes, transparencies, prints and reproductions of the Submitted Material, including all copyrights, the right to copyright the Submitted Material anywhere in the world and the right to obtain renewals thereof and the right to use, sell, lease or license any of the foregoing, it being understood that AHA shall have the right to cut, edit, alter, interpolate, repurpose and otherwise change the story and to divide the same into as many parts as they desire wherein each part or combination of parts of the presentation may be used alone or together.

(c) I represent and warrant that the information provided to the AHA is a true and accurate account, is original, does not infringe on another’s copyright or other proprietary rights, is not defamatory and that I have full right and authority to disclose and convey the Story or provide the Photograph(s) and/or video recording to the AHA.

(d) I hereby waive all reuse fees or such other fees which might be applicable to the above stated grant and release.

(e) I hereby release, discharge and agree to indemnify and hold harmless the AHA from any liability or injury that may arise from the conveyances and/or permissions in this agreement.

I represent and warrant that I am of legal age and have the right to enter into the aforementioned agreement of release.