YOUR USE OF THE www.PowerMedEd.com SITE (THE "SITE"), CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
- Purpose of Site. This Site is a service made available by PowerMedEd.com LLC (hereinafter referred to as PowerMedEd.com). The information in the Site is for educational purposes, and to give you general information and a general understanding of medicines, treatments, and medical care in the United States of America, not to provide specific medical advice. Sponsoring physicians refers to any physicians, medical groups, doctors, nurses, specialists, etc., who appear on the PowerMedEd.com website via video clip, seminar, blog, forum, or may otherwise appear to provide medical information. Although care has been taken to provide accurate and current information, the general principles and information presented at this Site may differ depending on the standard of care in your community. Because medical care constantly changes, and is subject to varying interpretations, the reader is urged to consult professional medical advice for any issues discussed on this Site to any specific problem. This Site should not be used as a substitute for competent medical advice from a licensed professional practitioner. PowerMedEd.com is not a physician referral service. The information provided by PowerMedEd.com is for informational and advertising purposes only, and should not be considered as medical advice from sponsoring physicians. The PowerMedEd.com website contains general information and may not reflect current medical developments, treatments, or conditions. Any person viewing or receiving information from this website should not act or refrain from acting on the basis of any such information without first seeking appropriate medical advice from a physician in that person's area. PowerMedEd.com expressly disclaims any liability with respect to actions taken or not taken by the recipient based on any or all the information or contained in the website. By accessing this website, you may be seeking a physician for medical treatment; however, you are not under the medical care and treatment of the sponsoring physicians.PowerMedEd.com does not create a physician/patient relationship between the viewer and the sponsoring physician. All states laws are not the same. The information that we are supplying may not be the standard of care where you live. Be sure to consult with a physician where you live for medical advice.
- Limited License & Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site in accordance with these Terms and Conditions of Use; to use the Site solely for personal purposes; and to print out information and search results from the Site.
- No Physician-Patient Relationship. Information contained on or made available through the Site is not intended to and does not constitute medical advice, recommendations, or counseling under any circumstance and no physician-patient relationship is formed. Nothing submitted to this Site is treated as confidential. PowerMedEd.com does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked from the Site is entirely at your own risk. PowerMedEd.com is not a physician Referral Service.
- Advertisers. This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. PowerMedEd.com will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.
- Errors and Corrections. PowerMedEd.com does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. PowerMedEd.com does not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. PowerMedEd.com may make improvements and/or changes to its features, functionality or content of the Site at any time.
- Third-Party Content. Third-party content may appear on this Site or may be accessible via links from this Site. PowerMedEd.com shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of PowerMedEd.com. Furthermore, the PowerMedEd.com site may contain a blog section which accepts information inputted to the site from third parties. Such information, whether contained in a chat room, message board, or video blog, the user is solely responsible for their own communications, and the consequences of posting those communications, and/or your reliance on any communications found in these Public Areas. PowerMedEd.com and its licensors are not responsible for the consequences of any communications in the Public Areas. Any violation of the following shall constitute a material breach of these Terms and Conditions:
- Violation of any local, state, national, or international laws, when posting materials.
- Posting material that infringes on the intellectual property rights of others.
- Posting material that is unlawful, obscene or defamatory as determined by PowerMedEd.com.
- Posting advertisements and/or solicitations regarding any business.
- After receiving a warning of improper "blogging", continuing to post improper comments.
- The posting of any chain letters, and impersonating other individuals.
- Any intentional distribution of computer viruses.
- Any "spamming" of content.
PowerMedEd.com reserves the right to record content that occurs in chat rooms, print out materials if necessary, and investigate any allegations that communications may violate the terms and conditions of this section. PowerMedEd.com may determine in its sole discretion to remove the communication(s). PowerMedEd.com may also terminate a user’s access to the web site, and disclose any information that it deems necessary.
Furthermore, PowerMedEd.com will use its best efforts to attempt to confirm the credentials and identity of health providers who have uploaded information to the PowerMedEd.com website, however, there is no absolute guaranty that such information is authentic, and, no user of the PowerMedEd.com website may rely to their detriment on information provided by such medical care providers, in light of the possibility of inaccurate information. Accordingly, PowerMedEd.com strongly advises that in the event a user has a concern regarding the accuracy of any information provided on the site, or the credibility and/or credentials of a particular healthcare provider, that user should immediately contact a physician in their own area to verify or confirm the accuracy of said information. PowerMedEd.com also asks that you contact us about the information in question, so we may fully investigate it.
- DISCLAIMER. THE SITE IS PROVIDED ON AN "AS IS BASIS. POWERMEDED.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. POWERMEDED.COM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
- LIMITATION OF LIABILITY AND DAMAGES. POWERMEDED.COM SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE. POWERMEDED.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN ANY E-MAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, POWERMEDED.COM’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
- Unlawful Activity. PowerMedEd.com reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
- Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Site. You agree to indemnify and hold harmless PowerMedEd.com from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Site, or your violation of any rights of a third party.
- Remedies for Violations. PowerMedEd.com reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the PowerMedEd.com’s Sites and their features.
- Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of Elkhart County in the State of Indiana and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Indiana and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
- Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Site and constitute the entire agreement between you and PowerMedEd.com with respect to access to and use of the Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.