Effective Date May 15, 2021
Individuals (YOU or YOUR) are considered using SITES any time they, directly or indirectly, interact, display, view, browse, print, copy, transmit, receive, or exchange data, messages, content or otherwise communicate with SMC or anyone else, including another person, advertiser or any person, firm or business, on or through SITES.
SITES include all web pages in SITES and backup, mirror, replacement, or substitute pages. WE will refer to all features, functions, services, and content on SITES, individually and/or collectively as “CONTENT.”
To avoid any doubt, when WE use CONTENT it includes, but isn't limited to, such things as software, code, design, text, images, and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyrightable or otherwise legally protectable elements of SITES. All service names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
SITES and, except as described below, all CONTENT, is either the property of SMC or the property of OUR employees, developers, service providers, sponsors, affiliates, suppliers, advertisers, vendors, agents, and contractors (PROVIDERS) and are legally protected, without limitation, under U.S. federal and state laws.
Accuracy of Information
Although WE strive to ensure that the information on SITES is correct, WE cannot guarantee that it is always accurate and up to date. SITES are offered AS IS and without any warranties. It is solely YOUR responsibility to evaluate the accuracy, completeness and usefulness of all information provided.
No Medical Advice
SITES provide information about health, medicine, fitness, and related issues to inform YOU and assist YOU in making better decisions, but medical information is not the same as medical advice. Nothing stated or posted on SITES is intended to be, and must not be taken to be, the practice of medicine, medical advice, or the provision of medical care. SITES are not intended as a substitute for the advice provided by a licensed healthcare professional. WE do not promote or endorse any specific treatment plans, product, test, procedure, opinion, or health care provider. YOU are solely responsible for seeking professional medical advice if you have any questions about your health or a health condition. When YOU use any information provided on SITES, YOU acknowledge and agree that no doctor-patient relationship is created. Never delay seeking professional medical help because of something YOU have read on SITES or heard on the phone with a person affiliated with SMC. If YOU think you may have a medical emergency, call 911 immediately or proceed to the nearest emergency room.
SITES may contain links to or advertisements for websites operated and services provided by PROVIDERS. These links are provided for YOUR convenience only. WE make no guarantees and disclaim any implied representations or warranties about the accuracy, quality, completeness, or appropriateness of these websites, the information contained in them, or the services they provide.
SMC maintains a reasonable standard of security and confidentiality and try to limit information access to individuals who need to have such access to perform their responsibilities associated with SITES and SERVICES. Internet, however, and communications therein cannot be guaranteed to be secure, and it is possible that others may unlawfully intercept or access information, transmissions, or communications to, from or within SITES. By using SITES, YOU are agreeing to assume this risk and any and all responsibility and liability that may arise.
YOU may never use, allow or enable others to use SITES: in violation or inconsistent with the provisions or spirit of TOU; violate any local, state, national or international law; use a false email address to impersonate any person or otherwise mislead as to the origin of any material or information YOU submit; engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive; impersonate any other person, firm or enterprise; affect OUR web resources or the availability of SITES to others; engage in posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of SITES; gain unauthorized use of SITES, other users' accounts, names, login or password information, personal information; collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise; engage in any activity or fail to report any activity involving SPAM, junk email, chain letters, duplicative or unsolicited messages, or so-called "spamming" and “phishing" or other similar schemes; for commercial or business purposes, including advertising, marketing, selling or offering goods or services; or use any robot, spider or other automated means to access SITES or SERVICES for any reason without OUR prior written consent.
WE reserve the right, at any time and in OUR sole discretion, to add to, delete or modify any or all the terms of TOU as well as any of SITES and/or CONTENT. Once WE post them, these changes are effective on the date specified. If YOU use any of the affected SITES after the changes become effective, it means YOU are agreeing to be bound by the changes. WE may also, in the future, offer new services and/or features through SITES (including, but not limited to, the release of new services and resources). Such new features and/or services shall be subject to TOU.
USERS that are minors in the state in which they reside are not permitted to use and/or submit their Personal Information to OUR Sites. SITES are not intended for minors, and WE do not knowingly solicit or collect information from minors. IF YOU ARE A MINOR, YOU MUST STOP USING SITES IMMEDIATELY.
Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile, or gather content from the SITES automatically. Any Non-Human Visitors shall be considered agents of the individual(s) who controls, authors, or otherwise makes use of such Non-Human Visitors. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitors in the same manner as if they personally visited the SITES.
Email addresses and other contact information associated with and listed on SITES are considered proprietary intellectual property. These email addresses are provided for human visitors alone. Intentional collection, harvesting, gathering, and/or storing OUR email addresses is recognized as a violation of TOU and expressly prohibited.
SMC may operate publicly facing blog (BLOG) for answering YOUR questions and promoting SERVICES. By accessing, viewing and/or posting any content on BLOG, YOU agree to follow the following terms. If YOU do not agree to these terms, YOU may not view or post any content to BLOG.
YOU must be at least 21 years old.
YOU are prohibited from posting any content that is personal health information including patient images. YOU are also prohibited from using BLOG to make, recommend or increase referrals to health care providers who are not affiliated with SMC.
By posting to BLOG, YOU agree not to: (a) violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws; (b) impersonate any person or entity or falsely state or otherwise misrepresent YOUR affiliation with a person or entity; (c) collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; (d) share SMC confidential business and pricing information; (e) transmit any material that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, hateful, tortuous, defamatory, obscene, libelous, or otherwise objectionable as solely determined by SMC; (f) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) advertises non SMC services or products; or (h) contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
By posting to BLOG, YOU grant US the irrevocable right to reproduce, distribute, publish, display such content and the right to create derivative works from YOUR content, edit, or modify such content and use such content for any lawful purpose.
SMC reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue YOUR access to BLOG, at any time, without notice and for any reason and in OUR sole discretion. WE may remove, delete, block, filter or restrict by any other means any materials in OUR sole discretion.
YOU expressly acknowledge that YOU assume all responsibility related to the security, privacy, and confidentiality risks inherent in sending any content over the internet. When posting any content on BLOG, you should think carefully about YOUR own privacy in disclosing detailed or private information.
When YOU visit SITES or contact US by phone, email, or text, YOU consent to receive communications from US electronically. YOU agree that all agreements, notices, disclosures, and other communications that WE provide to YOU electronically satisfy any legal requirement that such communications be in writing.
Limitation of Liability
YOU agree to indemnify and hold harmless SMC, its contractors, officers, employees and agents from and against any and all claims, damages, causes of action, judgments, liabilities, demands and expenses of any kind or nature whatsoever, including attorneys’ fees, arising out of YOUR use of SITES, including, but not limited to, direct, compensatory, consequential, incidental, indirect, special, exemplary and punitive damages, regardless of the form of action or basis of the claim and whether or not a party has been advised of the possibility of damages. Some jurisdictions do not allow exclusions of certain warranties or limitations on certain damages, so some of these exclusions and limitations may not apply to YOU. If any limitation or exclusion of damages or liability is prohibited or restricted by law, WE shall be entitled to the maximum limitations and exclusions permitted. If YOU find content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors, YOU should alert SMC.
WE grant YOU a personal, non-transferable, non-exclusive limited license to access SITES and to download and print limited copies of content from SITES solely for: (a) YOUR personal, non-commercial use; or (b) as expressly permitted under any agreement currently in effect between YOU AND US. Any other copying, use, distribution or modification of SITES content or any other property of SMC, whether in electronic or hard copy form, is strictly prohibited without OUR express prior written permission.
Trademarks & Copyright
Unless otherwise disclosed, all of the trademarks, service marks, and logos displayed on SITES are registered and unregistered trademarks of SMC, its affiliates, or third parties. Nothing on SITES should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to trademarks without OUR express written permission or the express written permission of the applicable third party. Except as expressly provided in TOU, any use of trademarks is expressly prohibited.
SMC respects the intellectual property rights of others. If YOU believe that material located on or linked to by SITES violates YOUR copyright, YOU are encouraged to notify SMC. WE will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. If YOU infringe the copyrights or other intellectual property rights of SMC or others, WE may, in its discretion, terminate or deny YOUR access to and use of SITES.
Linking & Framing
YOU may not frame any content or page from SITES, without OUR express written consent. YOU may link to SITES for non-commercial purposes only. WE reserve the right to demand YOU remove any such link at any time, for any or no reason, and at OUR sole discretion.
YOU understand and agree that YOUR access to SITES and SERVICES depends upon OUR decision to continue OUR operations. WE reserve the right to change and/or discontinue SERVICES at any time without any further notice to YOU. Upon termination, all provisions of TOU which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. WE may also terminate YOUR access to all or any part of SITES at any time, with or without cause, with or without notice, effective immediately. YOU are not entitled to compensation of any kind as a result of the termination. If YOU wish to terminate TOU, YOU may simply discontinue using SITES.
If, for any reason, WE believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could compromise or endanger the health, wellbeing or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affect, infringe upon or misappropriate the rights of others, harass or interfere with any other person, firm or enterprise, interfere with or bypass OUR security or other protective measures applicable to OUR systems, networks and communications capabilities, or violate any law or regulation, WE have the right, reserving cumulatively all other rights and remedies available to U.S. at law, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Applicable Law, Jurisdiction, Arbitration
TOU shall be construed and enforced under the laws of the State of Florida. an appropriate federal or state court located in Florida. YOU specifically agree not to object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.
WE are located in Florida, so the sole and exclusive jurisdiction and venue for any disputes arising out of TOU or in any way related to TOU will be in Florida. TOU shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. WE will use arbitration to resolve any problems, and YOU cannot obtain a jury trial for any disputes YOU have with SMC related to YOUR use of SITES and SERVICES. YOU and SMC agree to submit to the personal and exclusive arbitration of any disputes relating to YOUR use of SITES and SERVICES under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in the state of Florida. YOU hereby acknowledge and understand that, with respect to any dispute with SMC, YOU: (a) are giving up YOUR right to have a trial by jury; (b) YOU are giving up YOUR right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and (c) YOU must file any claim within one (1) year after such claim arose or it is forever barred.
TOU is the entire agreement YOU have with US regarding SITES, CONTENT and other subject matter set forth herein and supersedes any and all prior or inconsistent understandings that may apply to the subject matter. Headings are purely for reference and shall not affect the meaning of any term or condition.
If any provision of TOU is found to be invalid or unenforceable, the remainder of TOU shall remain in full force and effect, and entire TOU shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of TOU shall be valid unless in writing and signed by an officer of SMC.
SMC reserves all rights not expressly granted in TOU.
Any provision which must survive to allow US to enforce its meaning shall survive termination; however, no claim or action relating in any way to TOU, SITES, CONTENT, SERVICES, or otherwise with respect to the subject matter, regardless of form or the basis of the claim, may be brought by YOU more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
WE may assign OUR rights and duties under TOU to any party at any time without notice to YOU. The access rights granted to YOU under TOU are non-transferable without OUR express written permission. YOU are responsible for the actions of any other person who may utilize YOUR access rights to SITES.
WE may deliver notice to YOU under TOU by means of electronic mail, a general notice on SITES, or by written communication delivered by first class U.S. mail to YOUR address on record in YOUR account information, if any. YOU may give notice to US at any time by letter delivered by first class postage prepaid US mail or overnight courier to OUR mailing address.
If YOU have any questions about this TOU, please contact SMC by sending a message via SITE or by mail at the address displayed on SITES.