Terms of Service
Effective Date: May 16, 2017
Restrictions on Use
You agree not to use the Services in a way that is, in SmithRx’s discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by SmithRx from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services, cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify SmithRx if you learn of any security breach related to the Services.
Not Medical Advice
The contents available through the Services and the Site 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 the Site. Reliance on any information provided by SmithRx, SmithRx employees or others is solely at your own risk.
Intellectual Property Rights
Copyright © Smith Health, Inc. All Rights Reserved. For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available only to Members utilizing the Services.
By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SmithRx and/or its Affiliates. You are only permitted to use the content as expressly authorized by SmithRx or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from SmithRx or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither SmithRx nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
The following are registered trademarks or service marks of SmithRx or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of SmithRx, Smith Health or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of SmithRx or its Affiliates.
Third Party Content
The Services may link you to other sites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites and services may contain information or material that some people may find inappropriate or offensive. These other sites, services and parties are not under SmithRx’s control, and you acknowledge that SmithRx and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such sites and services, nor are SmithRx or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone.
Upon a request by SmithRx, you agree to defend, indemnify, and hold SmithRx and its Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Services. SmithRx reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SmithRx in asserting any available defenses.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or to SmithRx, 300 Brannan St. Suite 605, San Francisco CA 94107 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Services or Site to inform you of changes to the Services or Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.