Terms of Agreement
Table of Contents
- Acceptance of Terms
- Updates to these Terms
- No Practice of Medicine
- Eligible Users of the Site
- Personal and Non-Commercial Use Limitation
- Privacy and Protection of Personal Information
- User Content and Community Discussion Services
- Creating an Account, Passwords, and Security
- Communications Between Us
- Prohibited Uses
- Use of Materials and Information on the Site
- Trademarks and Copyrights
- Copyright Infringement Notice
- Warranty Disclaimer and Limitation of Liability
- Breaches of these Terms and Indemnification by You
- Governing Law, Arbitration, and Jurisdiction
- Other Legal Provisions
Thank you for using our website.
This website and all related services (the “Site”) is provided by Smart Patients, Inc. (“Smart Patients,” “we,” or “us.”) The Site includes direct communications between you and Smart Patients as well as “Community Discussion,” which includes web-based community discussion, group email messages, discussion archives, and other communications among users.
Acceptance of Terms
Whenever you visit, use, or register on the Site, you are agreeing to these Terms of Agreement (“Terms.”) If you do not agree to these Terms, you are not permitted to use the Site. Please read the Terms carefully.
Updates to these Terms
We may modify these Terms at any time, although we expect that most changes will be only editorial in nature or reflect changes in the services we offer. However, in the unlikely event that we would ever make material changes in these Terms that would disadvantage you, we would ask you to consent to the new Terms before they applied to you. If you did not consent, many of the features offered by the Site would be unavailable to you.
The date of the last update to these Terms is stated at the end of this document.
No Practice of Medicine
You understand and agree that we are not engaged in the practice of medicine, either through the Site or any associated communications or services, and that the Site is not a substitute for professional medical advice, diagnosis, or treatment. The Site is provided for informational purposes only and is provided “AS IS.” You are encouraged to seek professional diagnosis and treatment for medical conditions. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE SITE.
We do not recommend or endorse any specific studies, treatments, tests, procedures, physicians, opinions, products, or other information that may appear on the Site or on links reached through the Site.
We have no control over any clinical trial or treatment described on the Site, and we cannot guarantee the accuracy of information about any clinical trial or treatment described on the Site. We are not liable for cancelled or unavailable clinical trials, your inability to participate in a clinical trial, or any consequences resulting from your participating or not participating in a clinical trial.
Eligible Users of the Site
You must be at least 18 years old and legally competent to use the Site.
The Site is intended primarily for U.S. users. If you are not a resident of the U.S.:
- We make no claim that information on the Site is appropriate or permissible in your country. Products and clinical studies discussed on the Site may have different product labeling and disclosure requirements in different countries;
Personal and Non-Commercial Use Limitation
You agree to use the Site only for your own personal purposes. You understand and agree that any commercial or organizational use whatsoever is strictly prohibited.
Privacy and Protection of Personal Information
User Content and Community Discussion Services
"User Content" is content or information (including text, images, video, and audio) submitted or posted by users of the Site (including the Community Discussion services). Smart Patients does not control or pre-approve User Content and thus bears no responsibility for its accuracy, appropriateness, or quality. You agree that you must evaluate and bear all risks associated with any User Content, and you further agree that Smart Patients will be in no way liable for any User Content or any consequences of its inclusion or omission.
Smart Patients nonetheless retains the right (but not the obligation) to refuse to post or delete any User Content available through the Site, if we believe, in our sole discretion, that the User Content violates the letter or spirit of these Terms or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any User Content.
Smart Patients may choose to delegate the task of managing Community Discussion services to external Community Managers or List Managers (collectively “Community Managers.”) These Community Managers will be authorized to refuse to post or delete any User Content if they believe, in their sole discretion, that the User Content violates these Terms or is objectionable for any reason. You agree that Smart Patients is not liable for the actions or omissions of Community Managers.
When you submit your own User Content to be posted on our Site, you must follow these rules:
- Your User Content must be appropriate and civil.
- Your User Content must not:
- violate any law; infringe on any third party’s legal rights or be capable of giving rise to legal action against you, us, or third parties;
- be obscene, indecent, or pornographic;
- infringe any copyright, trademark, or other intellectual property right;
- infringe any right of privacy or violate any confidentiality obligation;
- contain any negligent statement;
- incite the commission of a crime;
- be in breach of any contractual obligation owed to any person;
- be false or misleading;
- contain any instructions, advice or other information that could, if acted upon, cause illness, injury, death, or any other loss or damage;
- constitute spam;
- be offensive, blasphemous, threatening, harassing, defamatory, discriminatory or inflammatory;
- be likely to cause annoyance, inconvenience or needless anxiety to any person; or
- link to a page containing material that would violate these prohibitions.
Creating an Account, Passwords, and Security
If you register and create an account, you must provide us with accurate information, and you will choose a password. You are responsible for maintaining the confidentiality of your password. You are not permitted to share your password with others, and you are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. Smart Patients will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone else’s account.
You may choose to post information on the Community Discussion services or elsewhere on the Site about yourself or about someone else, such as a family member. If you post information about someone else, you must have that person’s prior permission.
If you choose to post information, whether about yourself or any other person:
- You understand and agree that all current and future users participating in Community Discussion will be able to view the information you share, and
- You understand that, whether or not it is permitted, current or future users participating in Community Discussion might save or disclose your information in other places without your knowledge or consent. You agree that if that were to occur, neither you nor anyone else would have a remedy or claim against Smart Patients, as explained in the Warranty Disclaimer and Limitation of Liability section of these Terms. Therefore, please exercise discretion when deciding what information you choose to post.
Communications Between Us
For contractual purposes, you (a) consent to receive all communications from us, including any possible messages about security incidents, in electronic form via your account in the Site or via the email address you submit when you register, and (b) agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
As a condition of using the Site, you agree that you will not use the Site in any way that is prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:
- You must not use our Site in any way that may damage, overburden, or impair the Site or its availability; or in any way that is illegal, fraudulent or harmful or related to any illegal, fraudulent or harmful activity.
- You may not attempt to gain unauthorized access to the Site, other accounts, or computers or networks associated with the Site, its users, or Smart Patients, including but not limited to using another person’s login credentials.
- You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any malicious computer software.
- You may not copy, modify, distribute, sell or lease any part of the Site or its content or its software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission.
- You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Site without our express written consent.
- You must not use our Site to send spam, surveys, or any unsolicited commercial communications.
- You must not use our Site for any purposes related to marketing, research, or any other commercial or organizational purpose without our prior express written consent.
- You are required to respect the confidentiality and trust of others in the Smart Patients communities you participate in. If users participating in Community Discussion share their username, picture, or other content in a way that reveals their identity or enables you to guess who they are, you are forbidden to share this on the Smart Patient website or anywhere else, unless it is to reply to their posts or refer to their username within Community Discussion.
Use of Materials and Information on the Site
You may view, save, and print pages from the Site for your own personal use, subject to the restrictions below and elsewhere in the Terms.
You must not:
- republish or repost material from the Site (including on another website), except for User Content you have authored yourself or content specifically and expressly made available for redistribution;
- sell, rent, or sub-license material from the Site; or
- copy or otherwise exploit material on the Site for a commercial purpose.
We have no responsibility for any third-party websites not operated by us to which our Site may be linked.
Trademarks and Copyrights
Smart Patients, smartpatients.com, and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Site are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.
Copyright Infringement Notice
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please write to our Copyright Agent here or email us at firstname.lastname@example.org. The requirements for what you must include in your notice are in the Digital Millennium Copyright Act, 17 U.S.C. § 512. We respond expeditiously to notices of claimed copyright infringement. If we become aware that a user is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate or block that user.
You acknowledge that some of the information published on this Site is submitted by users. We do not warrant the completeness or accuracy of any information published on this Site, whether submitted by us or users. We do not warrant that the Site remains available or that the material on the Site is kept up-to-date.
WE PROVIDE THE SITE "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability
YOU CANNOT RECOVER ANY DAMAGES FROM US RELATED TO YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
If you post content on the Site, you understand and agree that comments relating to your posts may be submitted by other users on our Site. You acknowledge that such comments may be critical, offensive, or defamatory, and you agree that you will not hold us liable for any such comments, regardless of whether we are aware or ought to have been aware of such comments.
Breaches of These Terms and Indemnification by You
If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may: send you one or more warnings; temporarily suspend your access to the Site; permanently prohibit you from accessing the Site; block devices using your IP address from accessing the Site; ask your internet service provider to block your access to the Site; suspend or delete your account; delete or edit your User Content; bring court proceedings against you seeking damages and/or injunctions; and/or report you to law enforcement authorities. If we suspend, terminate, or block your access to the Site, you agree not to take any action to circumvent our action (such as creating or using a different account.) If we bring a legal action against you, we agree that the jurisdiction and venue for such action will be the federal or state courts of the jurisdiction in which our principal place of business is located, and we further agree that a judgment in any such action may be enforced in other jurisdictions by suit on the judgment or ruling, or in any other manner provided by law.
Indemnification: You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.
Governing Law, Arbitration, and Jurisdiction
All matters related to the Site will be governed by the laws of California, without regard to conflicts of laws provisions.
If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Site, you are encouraged to bring it to our attention. You may write to us here or email us at email@example.com, and we will try to address your concerns. If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site shall be submitted to confidential arbitration in Santa Clara County, California, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.
By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
Other Legal Provisions
If you have any concerns, inquiries, or complaints about the Site, including any actions taken by a Community Manager, please write to us at firstname.lastname@example.org. We appreciate your input.
Thank you for using our Site, and we hope it is helpful to you.
The effective date of these Terms is August 21, 2015.