TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Smart Psychiatric Medicine, PLLC ("SPM") may revise and update these Terms and Conditions at any time. Your continued usage of the SPM website ("www.smartpsychiatricmedicine.com," or the "Site,") will mean you accept those changes.
Proprietary Notice
As a registered user of SPM’s Website, you are being given access to proprietary and confidential information of SPM. This information may be used only for the specific purpose provided in connection with such information. The unauthorized disclosure or use of this information is strictly prohibited, and you acknowledge that such unauthorized disclosure or use will cause SPM irreparable harm. Without prejudice to any other rights or remedies that SPM may have at law or in equity, SPML may deny your access to the proprietary and confidential information at any time if SPM determines, in its sole discretion, that you have compromised the confidentiality of the information.
The Site Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. SPM does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. SPM makes no warranties or guarantees related to any information posted or listed on its Site or within the Content of the Site in anyway.
Use of Content
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with SPM or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SPM. All rights not expressly granted herein are reserved to SPM and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Smart Psychiatric Medicine, PLLC and Its Licensors
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control and Jurisdiction of SPM and its suppliers. Accordingly, SPM assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the Content are provided on an "as is" basis. SPM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, SPM, its licensors, and its suppliers make no representations or warranties about the following:
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The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
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The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall SPM, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SPM, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. SPM, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. SPM, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Advertisements, Searches, and Links to Other Sites
SPM may provide links to third-party web sites. SPM also may select certain sites as priority responses to search terms you enter and SPM may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. SPM does not recommend and does not endorse the content of any third-party websites. SPM is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. SPM does not endorse any product, service, or treatment advertised on the Site.
Indemnity
You agree to defend, indemnify, and hold SPM, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
SPM is based in New York, New York, in the United States of America with principal offices in New York, New York. SPM makes no claims that SPM or any Site within the SPM Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the SPM Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions - image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting SPM copyright agent (identified below) and providing the following information:
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Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
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Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
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Your name, address, telephone number and (if available) e-mail address.
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A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
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A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
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A signature or the electronic equivalent from the copyright holder or authorized representative.
Smart Psychiatric Medicine, PLLC agent for copyright issues relating to this website is as follows:
Smart Psychiatric Medicine, PLLC
1617 3rd Ave #287085
New York, NY 10128
Attn: Copyright Issue
In an effort to protect the rights of copyright owners, SPM maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the Smart Psychiatric Medicine, PLLC Privacy Policy constitute the entire agreement between you and Smart Psychiatric Medicine, PLLC with respect to the use of the Site and Content.
Last Updated: September 16, 2020