TERMS OF USE
IMPORTANT! Please read these terms of use (the “terms”) carefully before using http://davidsamadibio.Com/, as they affect and govern your legal rights and obligations.
All content available on this site is intended for informational and educational purposes only. This site does not provide medical advice. The information should not be construed as a replacement or substitute for professional medical treatment or for professional medical advice. There is no replacement for personal medical treatment and advice from your personal physician. As a recipient of information from this website, you are not establishing a doctor/patient relationship with David B. Samadi MD, or any physician thereafter, which might be suggested in this website. The information contained in this website is for general information purposes only.
The information is provided by http://davidsamadibio.com/ and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, http://davidsamadibio.com/ takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You agree to these Terms by accessing or using this Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site.
In some instances, both these Terms and a separate guidelines document or end user license agreement setting forth additional conditions may apply to a service or feature offered through this Web Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these Terms. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device).
If you do not agree to be bound by all of these terms, do not use this web site. You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.
OWNERSHIP OF CONTENTS/LICENSE
The Web Site is owned and operated by Dr David Samadi.
This Web Site and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the “look and feel” of the Web Site, and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to the website or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. Unauthorized use, copying, reproduction, storing, modification, republishing, uploading, downloading, posting, transmitting, distributing, duplicating, removal or alteration of advertising or any other misuse of any of the content is strictly prohibited. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site.
Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of the Content (excluding object and source code). You must retain all copyright, trademark and other proprietary notices contained in the original Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any code that comprises the Web Site’s software, HTML, JavaScript or other script, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web site, nor insert any code or product to manipulate the Content in any way that affects any user’s experience. Unless otherwise expressly authorized in these Terms, the Additional Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.
CHANGES TO SITE/TERMS
The website may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site.
RESTRICTIONS ON USE
You represent, warrant and agree not to do any of the following while using the Web Site:
- harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse another user;
- upload, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, “Transmit”) any material: (i) that is profane, false, harmful, threatening, abusive, torturous, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates); (ii) contains any negative comments that pertain to an individual’s race or national origin, gender, sexual preference, religion or physical handicap; (iii) is vulgar, indecent, sexual, obscene or pornographic; (iv) that promotes violence, racial hatred, terrorism or illegal acts; (v) contains the personal information of a third party; or (vi) is otherwise objectionable (as determined by Company in its sole discretion);
- Transmit any content, information, or software that is unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
- Transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services, except in areas specifically designated for such purposes;
- encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
DISCLAIMERS/LIMITATIONS ON LIABILITY
The web site, including, without limitation, all content, software and functions made available on/or accessed through or sent from the web site is provided “as is,” “as available,” and “with all faults”. To the fullest extent permissible by law, the website and its affiliates make no representations or warranties or endorsements of any kind whatsoever, either express or implied, about: (a) the web site; (b) the content and software on and provided through the web site; (c) the functions made accessible on or accessed through the web site; (d) the messages and information sent from the web site by users; (e) any products or services offered via the web site or hypertext links to third parties; and/or (f) security associated with the transmission of sensitive information through the web site or any linked site. Company does not warrant that the web site, any of the web site’s functions or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the web site or the servers that makes it available are free of viruses or other harmful components.
Company does not warrant that your activities or use of the web site is lawful in any particular jurisdiction and, in any event, company specifically disclaims such warranties. You understand that by using any of the features of the web site, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the web site or the content. Further, the website and its affiliates disclaim any express or implied warranties.
Including, without limitation, merchantability, non-infringement, fitness for a particular purpose, and title.
Company or its affiliates or the directors, officers, employees, or other representatives of each of them shall not be liable for the use of the web site including, without limitation, the content and any errors contained therein. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.
You understand and agree that the website limits its liability in connection with your use of the web site as set forth below:
Neither the website nor the affiliates are responsible for any damage to any user’s computer, hardware, software, cell phone, modem or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of the website’s acts and omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, television show, motion picture or other audio/visual content owned or controlled by company and/or its affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any company web site, property, product, program, television show, motion picture or other audio/visual content or your upload information or any and all activities or actions related thereto.
By accessing this web site, I understand that I may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver.
NO PERSONAL ADVICE
This Web Site, its Content (including any information provided by users) is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site.
TERMINATION
You understand and agree that Company will determine your compliance with these Terms or Any Additional Terms in its sole discretion. The website reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.
MISCELLANEOUS
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site, the Content, the Software and Your Upload Information, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the Web Sites, the Content and the Software. You agree that these Terms or any Additional Terms will not be construed against Company by virtue of having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.