Terms and Conditions of Use

Welcome to www.smartermedicalcare.com a website owned and operated by Smarter Medical Care, Inc., a Delaware Corporation (“SMC”). This website is maintained as a service to our users. However, whether you use this website as a casual visitor or as a registered user, by using this website, you agree to comply with and be bound by the following terms and conditions of use whether you have read them or not. Please review these terms and conditions carefully. Your continued use of the website and its services constitutes acceptance of any modified terms and conditions. Therefore you should review these terms of use from time to time. If you do not agree to these terms and conditions, you should not use this website.
    1. Agreement. This Agreement (the ”Agreement”) specifies the terms and conditions for access to and use of www.smartermedicalcare.com (the ”Site”). This Agreement may be modified at any time by SMC upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time here. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
    2. Privacy. Our Privacy Policy governs visits to our Site. Please review our Privacy Policy above.
    3. Ownership. All content included on this Site, including but not limited to information, documents, logos, graphics, sounds, podcasts, and images (the “Materials”) are owned either by SMC or by third party authors, developers, or vendors (“Third Party Providers”) under license. Materials also include blogs, message boards, chats, software and any other writings appearing on the Site. All Materials included on this Site are and shall continue to be the property of SMC, or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site or the products purchased through this Site.
    4. Intended Audience. This Site is intended for adults only. This website is not intended for any children under the age of 13.
    5. Trademarks. Smarter Medical Care and others are either trademarks or registered trademarks of SMC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
    6. Site Use. SMC grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Any use not authorized hereunder, must be separately authorized in writing. You agree not to copy materials on the site, reverse engineer or break into the Site, or use Materials, products or services in violation of any law. The use of this Site is at the discretion of SMC and SMC may terminate your use of this Site at any time.
    7. Conduct. SMC encourages open exchange of ideas among registered members through the use of our forums, blogs, comments on articles, or contact with other registered users. In order to further this open exchange, you agree to use the Site only for lawful purposes. You further agree not to use or allow others to use your membership to engage in any of the following:
      • Posting or transmitting any content or Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • Posting or transmitting any content or Material that you do not have a right to transmit under the law or under contractual relationships;
      • Violating any applicable law or regulation;
      • Impersonating any person, or misrepresenting your relationship or affiliation to a person or entity, or manipulating identifiers or other information for the purpose of disguising the origin of any transmission;
      • Using any means, including but not limited to robots, scripts, agents, spiders to access, monitor or harvest any information from any part of the Site;
      • Any action that damages or disrupts the Site or function of the Site or services provided through the Site;
      • Harassing or advocating the harassment of another person;
      • Transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;
      • Promoting information known by you to be false, misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • Promoting an illegal or unauthorized copy of another person’s copyrighted work;
      • Transmitting content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • Displaying pornographic material or sexually explicit material of any kind;
      • Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
      • Commercial activities, advertising, and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
      • Accessing the Site through any means other than the interfaces provided for use in the Site.
      • Any unauthorized access to the Site is a breach of these terms of use and a violation of the law. Additionally, SMC reserves the right at any time, without prior notice and at its sole discretion to terminate any membership, remove any post or comment, or take any action for violating the above rules of conduct or causing any disruption to the Site or services provided thereby.
      • You agree not to provide your password or other login information to any other person and to notify SMC by emailing brian@smartermedicalcare.net of any known or suspected unauthorized use of your login information.
    8. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than SMC (the “Third Party Sites”). SMC is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any website accessed from a Third Party Site, or any changes or updates to such websites. SMC is not responsible for webcasting or any other form of transmission received from any Third Party Site. SMC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SMC of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that SMC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
    9. Unsolicited Submissions. Except for the information requested in the registration process, which will be handled in accordance with SMC’s Privacy Policy, SMC does not want you to submit confidential or proprietary information to it through this Site, without first contacting SMC. All comments, feedback, information or material submitted to SMC through or in association with this Site shall be considered non-confidential and SMC’s property, unless otherwise set forth herein or agreed to by SMC in writing. By providing any unsolicited submissions to SMC you hereby grant to SMC at no charge, a worldwide, royalty-free, perpetual license to republish anything you post or submit to the Site. SMC shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, or that are provided through the use of your password and username, including their legality, reliability, appropriateness, originality and content.
    10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
    11. Indemnification. You agree to indemnify, defend and hold SMC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
    12. Disclaimer.THE INFORMATION ON THIS SITE IS PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SMC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE OR PSYCHOLOGICAL ADVICE. The contents of the Site, including, but not limited to, text, graphics, images, audio and other information, is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete and up-to-date. Information is provided “as is” and without warrantee of any kind. Further, this Site is not intended to be, and is not, a substitute for, diagnosis, treatment, psychological advice or medical advice. You should not rely on any information provided herein, and should always seek the advice of your physician or other qualified health care provider for any questions you may have regarding your personal health or medical conditions, and before taking any prescription or over-the-counter medications or following any treatment or health regiment. Any reliance on the information appearing on this Site is solely at your own risk. Never delay, avoid seeking or disregard any professional medical advice or treatment from your doctor due to anything you have read on this Site. Any links to other websites contained on this Site are provided solely for the convenience of our visitors. SMC has no control over and no responsibility for the content contained on any such linked website, and does not sponsor, approve of, or endorse any such website or the content displayed on such website. Do not send confidential or sensitive information through this Site or any links contained on the Site. If you think you may have a medical emergency, call your physician or 911 immediately.
    13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SMC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
    14. Use of Information. SMC reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy www.patienthood.com/privacypolicy
    15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. A description of the copyrighted work that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the Site;
      4. Your address, telephone number, and e-mail address;
      5. 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; and
      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
    16. Applicable Law.You agree that the laws of the State of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and SMC or its affiliates. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in California, and in the County of San Diego. You and SMC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
    17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
    18. Termination. SMC may terminate this Agreement at any time, with or without notice, for any reason.
    19. Contact Information. Smarter Medical Care, Inc. brian@smartermedicalcare.net