LAST MODIFIED APRIL 23, 2017
These terms and conditions act as a contractual agreement ("Agreement") between you and EZMed Podcast, Inc (“EZMed Podcast”, “us”, “we”, “our”), and applies to your use of www.ezmedpodcast.com (“Site”) as well as our podcast episodes, content on the Site, and content on various social media pages we maintain (collectively the "Properties"). If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the Site or Properties. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
1. NO TREATMENT ADVICE FOR PATIENTS
The information found on this Site and Properties offered through it is provided for education purposes only. The information provided on the Site and Properties is not intended for use in the treatment of your specific condition and is in no way a substitute for individual patient assessment or treatment based upon a healthcare provider's examination of the patient and consideration of medical histories, laboratory data, and other factors unique to each person.
2. UNITED STATES APPLICATION
The Site and Properties contain information and products relevant to the practice of medicine in the United States. We make no representation or warranty that any of the information is appropriate in other jurisdictions.
3. GOVERNING LAW AND VENUE
This Agreement shall be construed in accordance with and governed by the laws of Nevada and the United States without reference to their rules regarding conflicts of law. However, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Las Vegas, Nevada in all disputes arising out of or related to the use of the Site.
We grant you a non-exclusive, non-sublicensable, non-transferable license and right to use and access the Site and Properties. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information provided on the Site or Properties without our express consent. You further understand no ownership right in anything found on the Site or Properties is being granted to you.
6. NO AFFILIATION OR ENDORSEMENT
EZMed Podcast is in no way affiliated with or endorsed by any medical institution, including those at which individuals providing written or podcast content on the Site or Properties practice.
7. TRANSFER OF YOUR PERSONAL INFORMATION
You many not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or Properties.
If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site and/or Properties. We reserve the right to seek all remedies available by law and in equity for such breaches.
EZMED PODCAST HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AND PODCAST AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE OR ACCESS, THE SITE OR PODCAST. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR PODCAST INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EZMED PODCAST DOES NOT WARRANT THAT THE SITE, PODCAST OR PROPERTIES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY
EZMED PODCAST DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, PODCAST, PROPERTIES OR THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH MEDICAL MALPRACTICE CLAIMS, LOST EARNINGS OR EMOTIONAL DISTRESS. THIS LIMITATION SHALL NOT APPLY TO INTENTIONAL OR GROSS NEGLIGENCE ON OUR PART. OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, THE PODCAST, OR PROPERTIES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $1,000.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13. RIGHT TO TERMINATE
We reserve the right to no longer make available all or part of the Site or Properties at any time in our sole discretion.
14. USER-GENERATED CONTENT
We allow you to post to certain areas of the Site and Properties. We are under no obligation to review any messages, information, or content ("User-Generated Content") posted by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson individuals purporting to speak on behalf of us.
- Messages that offer unauthorized download of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
You further agree to follow all rules and requirements established by Facebook, Instagram, and other third party sites when uploading user-generated content to our pages on those platforms.
When you contact us, sign up for our newsletter, or interact with us on a social media account, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
16. USER CONTENT
By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site and Properties, you grant EZMed Podcast, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of EZMed Podcast, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
17. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site and Properties, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Properties is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
18. AFFILIATED SITES
EZMed Podcast has no control over and assumes no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked within the Site or Properties. Because we have no control over the content and performance of these partner and affiliate sites, EZMed Podcast makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and EZMed Podcast assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site and Properties, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
19. PROHIBITED USES
EZMed Podcast imposes certain restrictions on your permissible use of the Site and Properties. You are prohibited from violating or attempting to violate any security features of the Site and Properties, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site and Properties, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Properties, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by EZMed Podcast; or (f) automatically or manually scraping or copying the content from the Site or a Property without our consent. Any violation may subject you to civil and/or criminal liability.
You agree to indemnify, defend, and hold harmless EZMed Podcast, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Properties, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
All contents, excluding user generated content, Copyright 2017 EZMed Podcast, Inc. All rights reserved.
22. SEVERABILITY; WAIVER
If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
23. NO LICENSE
Nothing contained on the Site or Properties should be understood as granting you a license to use any of the trademarks, service marks, or logos of EZMed Podcast or by any third party.
We may, in our sole discretion, modify or amend this Agreement at any time. EZMed Podcast shall post notice of any such changes on the Site or relevant Properties in an area available to you and shall email you notice of such changes. Your decision to continue to use the Site and Properties upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site and Properties.
Please contact us if you have any questions regarding this agreement.