TERMS AND CONDITIONS OF USE
Important Note to Users/Readers/Listeners/Visitors of this Website:
By accessing or using the website and/or any of the content located at this website, and/or by downloading or listening to the podcasts linked to this website (this website and all such content and podcasts collectively referred to herein as “the Site”), you hereby accept and agree to be bound by and comply with these Terms and Conditions of Use ( hereinafter, the “Terms of Use”). The Site is owned by DocSmo.com, LLC (hereinafter, “DocSmo”).
The information contained at the Site and in the materials available through or referenced in the Site is intended and shall be used by you for educational purposes only. The Site is not intended and you shall not use the Site to substitute for the medical advice or care of a physician or other health-care professional. The Site is not a medical manual. The Site’s information is general in nature; hence, it may not be applicable to each individual situation. Accordingly, use of the information available through the Site is strictly at your own risk.
You should consult your own personal physicians in matters regarding your or your family’s health. Any signs or symptoms of illness require proper diagnosis and medical attention. Any health problems that do not get better promptly or that get worse should be evaluated by an appropriate clinician and treated properly.
The content, comments, blogs and other messages that are posted to the Site by visitors do not represent the opinions or judgment of DocSmo or Paul M. Smolen, M.D. Mention of specific companies, organizations, or authorities, and advertisement of goods or services on the Site does not imply endorsement by DocSmo or Paul M. Smolen, M.D.
ASSUMPTION OF RISK, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Information provided on the Site and in the materials referenced in or available through the Site is not guaranteed or warranted to be accurate or complete. The Site is provided on an “as is” and “as available” basis and without any express or implied warranties. Use or dissemination of any of the information on the Site is at your own risk.
Your use of the Site or of any information found on or derived from the Site constitutes your agreement that you waive any liability of DocSmo or Paul M. Smolen, M.D., jointly or severally. In no event shall DocSmo or Paul M. Smolen, M.D. be liable, jointly or severally, for any claims, demands, damages or losses, whether bodily injury, property damage, or monetary loss resulting from use or misuse of any information provided on the Site or in materials referenced in or available through the Site.
To the extent any limitation of remedy or exclusion of damages or liability contained herein is unenforceable according to applicable law, such provision shall be deemed amended to provide for such limited remedy or exclusion of damages to the maximum extent lawfully allowed. This Site may provide links or references to other sites, but DocSmo has no responsibility for the content or availability of such other sites and shall not be liable for any damages or injury arising from your access to or use of any such sites or any content contained thereon. Any links to other sites are provided merely as a convenience to the users of this Site.
COPYRIGHTS AND TRADEMARKS
All rights are reserved. No part of the Site, including any content provided at the Site, may be reproduced or transmitted for commercial purposes in any form or by any means, electronic or mechanical, including photocopying, recording, or any other information storage and retrieval system. “DocSmo” and “Pedcast” are trademarks of Paul M. Smolen, M.D. All unauthorized use of such marks is expressly prohibited and may not be infringed. All content supplied by Paul M. Smolen is copyrighted. It may not be reprinted or reproduced without express, written permission.
You agree that material you submit to the Site may be used by Paul M. Smolen, M.D. for any purpose including, without limitation, publication, distribution, performance, reproduction, adaptation and/or sale or license through the Site or any other outlet (without disclosure of your identity and without any compensation paid to you). Accordingly, if you submit or provide any material for publication on the Site, you transfer all rights you own in the material and you warrant that you own the copyright or that you have obtained written permission from the copyright owner such that DocSmo and/or Paul M. Smolen, M.D. may use the material for any purpose. In the event of a violation, you will defend, indemnify and hold DocSmo and Paul M. Smolen, M.D. harmless for any claim, suit, liability or damages that may result.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless DocSmo and Paul M. Smolen, M.D. from and against any claim, suit, liability, damages and/or expenses that may result from your violation of these Terms of Use.
CHANGES TO TERMS OF USE
DocSmo may change these Terms of Use at anytime without notice to you and your access to or use of this Site shall constitute your acceptance of any such change. DocSmo may revoke your right to access or use this Site at anytime with or without notice.
CHOICE OF LAW; FORUM SELECTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to such laws related to conflicts of laws. The state and federal courts in and for Mecklenburg County, North Carolina, shall be the exclusive forum for any and all disputes related in any way to or arising from the Site or these Terms of Use, and all parties consent to jurisdiction and venue in such courts.
COPYRIGHT COMPLAINTS
DocSmo respects the intellectual property of others, and asks users of the Site to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify DocSmo by providing DocSmo a written notice that includes the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Site where the material that you claim is infringing is located.
Your address, telephone number and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You should send your notice of copyright infringement concerning the Site to DocSmo via the “Contact” section of the Site located at www.docsmo.com/contact/.
OTHER TERMS
These Terms of Use constitute the entire agreement between DocSmo and you and govern your use of and access to the Site. DocSmo’s failure to exercise or enforce any right or provision of these Terms of Use on any occasion shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then you agree that all other provisions of these Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you or anyone claiming through you may make, arising out of or related to use of the Site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
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The comments, blogs and other messages that are posted to this website by visitors do not represent the opinions or judgment of DocSmo.Com, LLC or Paul Smolen, M.D. Mention of specific companies, organizations, or authorities, and advertisement of goods or services on this website do not imply endorsement by DocSmo.Com, LLC, or Paul Smolen, M.D.
Updated 3/8/2011
