TERMS OF USE

Welcome to Smopinions.com. The following Terms of Use apply to your use of this website and the information and content available on Smopinions.com as well as your use of any interactive features on the website and user-submitted content (e.g., live chat, bulletin boards, forums, user discussion groups, etc.).

 

You can review our Privacy Policy by clicking here.

 

By visiting, registering for, posting content on, submitting information or materials to, accessing, reviewing and/or otherwise using our website, its information and content, and various interactive features (e.g., live chat, bulletin boards, forums, user generated content, etc.), you accept, without limitation or qualification, the following Terms of Use, which constitutes an Agreement between you and Smopinions.com. We may change these terms from time to time. Please read and review these Terms of Use carefully before using this website. If you do not agree to these Terms of Use, you may not access or use the website. 

 

As used in these Terms of Use, “Second Medical Opinions” includes Smopinions.com, Smopinionsminneapolis, Second Medical Opinions, PLC, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to Second Medical Opinions, and all of their subsidiary and affiliated entities and companies.  Second Medical Opinions may be referred to in these Terms of Use as “we,” “us,” “our” and “ourselves.”

 

  1. Acceptance Procedure 

 

By accessing or using our website and/or registering with Second Medical Opinions, you agree with all of the terms and conditions of this Terms of Use. You agree to indemnify, defend and hold harmless Smopinions.com, Second Medical Opinions, PLC, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to Second Medical Opinions, and all of their subsidiary and affiliated entities and companies, and each of their managers, members, officers, directors, shareholders, employees and agents, from and against all liabilities, losses, expenses, damages and costs (including attorneys’ fees), resulting from any violation by you of these Terms of Use. 

 

We reserve the right, at our sole discretion, to change the terms and conditions of these Terms of Use from time to time, and your continuing use of our website constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.

 

  1. Termination

 

Second Medical Opinions reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration(s) with or ability to access interactive features on the website (e.g., live chat, bulletin board/forums) and/or any other service, content, digital products, products or events, provided to you by Smopinions.com, upon any breach by you of these Terms of Use or otherwise.

 

  1. Modifications of the Website

 

Second Medical Opinions may modify or discontinue any feature or service of the website, or any portion thereof, with or without notice to you and without liability to you or any third party.

 

  1. Not Professional Medical or Healthcare Advice

 

We may include a variety of information and content on our website, including articles, data, references, interactive community tools and advertising. This website also contains general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the website.

 

ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONAL PURSUANT TO PERSONAL IN-PERSON EXAMINATION AND PROFESSIONAL CONSULTATION.

 

SECOND MEDICAL OPINIONS DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON SMOPINIONS.COM. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON OR THROUGH THE WEBSITE AND ITS FEATURES CONTRIBUTED OR OTHERWISE COMMUNICATED BY A PHYSICIAN OR ANY HEALTHCARE PROFESSIONAL IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT OR CLINICIAN – PATIENT RELATIONSHIP.

 

While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course or method of treatment. Healthcare professionals using this website should remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. Healthcare consumers should not rely on the information on this website as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. HEALTHCARE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE DO SO AT THEIR OWN RISK. 

 

WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR WEBSITE OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH ITS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. It is your responsibility to evaluate the information provided on the website. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional.

 

  1. Use of Website

 

You may use this website only in accordance with and subject to these Terms of Use and our Privacy Policy. You may not use this website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Smopinions.com or others.

 

Notwithstanding any other rights or restrictions in these Terms of Use, you shall not use this website to: (1) transmit via or through the website, any information, data, text, images, files, links, or software except in connection with your authorized use of this website or otherwise in response to specific requests for information by us; (2) violate any laws, third party rights, or Second Medical Opinions’s policies; (3) introduce to this website or any other computer or website viruses, worms, Trojan horses, and/or harmful code; (4) obtain unauthorized access to any computer system; (5) impersonate any other person; (6) invade the privacy of any person or entity; (7) misrepresent the identity of a user of Second Medical Opinions or use a false email address; (8) tamper with or obtain access to this website or any element of the website; (9) conduct fraudulent activities; or (10) collect or harvest information regarding other users of the Second Medical Opinions website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

 

If you establish or register for any type of account with or through the Second Medical Opinions website, you must maintain the confidentiality of your account and password. You are responsible for all activities that occur under your account or password. You are required to immediately notify us in the event of any unauthorized access or use of your account or other breach of security. We are not liable for any damages or losses caused by unauthorized access or use of your account. You may be liable if Second Medical Opinions or any other party suffers any damage or loss due to unauthorized access or use of your account.

 

  1. Content of Messages; Prohibited Conduct

 

You are expected to use the website and its interactive features (e.g., live chat, bulletin board/forums) with respect, courtesy and responsibility, giving due regard to the rights of other users as well as in compliance with all federal, state and local laws and regulations. Common sense is the best guide as to what is considered acceptable and appropriate use of Second Medical Opinions and its services, interactive features and products.

 

The following are examples of content (in any form, including messages, text, graphics, video, programs or audio) and uses that are unacceptable and prohibited, and you acknowledge and agree that you are strictly prohibited from posting or otherwise publishing any such material or conducting yourself in violation of any of the following:

 

  • Material prohibited by or any conduct that violates any applicable federal, state, local or international law or regulation (illegal activity)
  • Material protected by Copyright (Copyright Infringement)
  • Material protected by Trademark (Trademark Infringement)
  • Material protected by Trade Secret
  • Material subject to any third party proprietary rights, including the foregoing examples, and privacy and publicity rights (unless you are the owner of such rights or have permission from their rightful owner to transmit or post the material)
  • Use an inappropriate member name/user identification of any kind
  • Post or otherwise submit language or material that is unlawful, obscene, discriminatory, defamatory, libelous, threatening, harassing, abusive, hateful, harmful, vulgar, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by us in our sole discretion), racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation, or which is otherwise objectionable or inappropriate
  • Adult content/pornography
  • Consumer fraud or any other fraudulent conduct, including a misrepresentation or misleading statement
  • Post advertisements or solicitations of business
  • Unethical marketing practices
  • Chain letters, research studies, survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list
  • Tortious conduct/interference with a business relationship or contract
  • Publish falsehoods or misrepresentations that could damage us or any third party
  • Impersonate another person or entity (whether actual or fictitious, including impersonating an employee or agent of Second Medical Opinions)
  • Encourage the use of controlled substances or illegal drugs
  • Material violating the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Standards for Privacy of Individually Identifiable Health Information (the HIPAA Privacy Rule)
  • Links to websites in contravention of any of the above

 

These examples are by no means intended to be exhaustive.

 

The website is to be used by you for your personal use only. Any use by you of any other user’s information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g., mass marketing) is strictly prohibited. Commercial uses of the website are strictly prohibited unless our prior written consent has been granted.

 

YOU ALONE ARE SOLELY RESPONSIBLE FOR THE CONTENT OF YOUR MESSAGES, POSTINGS AND MATERIALS, AND FOR ANY AND ALL CONSEQUENCES OF OR RELATING TO THE POSTING, TRANSMITTAL OR SUBMISSION OF SUCH MESSAGES AND MATERIALS.

 

Second Medical Opinions RESERVES THE ABSOLUTE RIGHT TO DETERMINE WHAT CONSTITUTES INAPPROPRIATE ACTIVITY AND ABUSE OF WEBSITE PRIVILEGES, IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT TO DELETE FROM THE WEBSITE ANY INAPPROPRIATE MATERIAL POSTED BY YOU AT ANY TIME. A SINGLE VIOLATION OR REPEAT INFRINGEMENT WILL RESULT IN THE SUSPENSION OR TERMINATION OF YOUR REGISTRATION AND/OR WEBSITE PRIVILEGES.

 

Second Medical Opinions will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person who violates these Terms of Use.

 

You understand that when using the Second Medical Opinions website, you may be exposed to user postings, messages and submissions from a variety of sources, and that Second Medical Opinions is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. Second Medical Opinions does not endorse any user posting, message or submission or any opinion, recommendation, or advice expressed therein, and Second Medical Opinions expressly disclaims any and all liability in connection with user postings, messages and submissions. You further understand and acknowledge that you may be exposed to user postings, messages and submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Second Medical Opinions with respect thereto, and agree to indemnify and hold Second Medical Opinions harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

 

YOU UNDERSTAND THAT WHETHER OR NOT SUCH USER SUBMISSIONS ARE POSTED OR OTHERWISE PUBLISHED, Second Medical Opinions DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER SUBMISSIONS.

 

  1. Use at Own Risk; Limitation of Liability

 

YOUR USE OF SECOND MEDICAL OPINIONS IS AT YOUR OWN AND SOLE RISK. 

 

This website and the information and content are provided on an “as is” basis. SECOND MEDICAL OPINIONS, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS 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, SECOND MEDICAL OPINIONS, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS make no representations or warranties as to either (1) the accuracy, reliability, completeness, or timeliness of the website’s information, content, software, text, graphics, links, or communications provided on or through the use of the website or Second Medical Opinions, or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products, specific medical technology, medical treatment or the approval or compliance of any software tools with regard to the information and content contained on the website.

 

IN NO EVENT SHALL SECOND MEDICAL OPINIONS OR THEIR SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THIS WEBSITE AND ITS FEATURES, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO ANY OMISSIONS, ERRORS OR INACCURACIES OF INFORMATION AND CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH SECOND MEDICAL OPINIONS. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SECOND MEDICAL OPINIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

 

YOU SPECIFICALLY ACKNOWLEDGE THAT SECOND MEDICAL OPINIONS SHALL NOT BE LIABLE FOR USER MESSAGES, POSTINGS, OR SUBMISSIONS OR FOR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

  1. Links to Other Websites

 

Second Medical Opinions contains links to external websites (owned and operated by third parties) that are neither the responsibility nor under the control of Second Medical Opinions. Similarly, this website may be accessed from third-party links over which Second Medical Opinions has no control. Second Medical Opinions cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website — the information provided is entirely the responsibility of the operator of the external website visited and Second Medical Opinions shall have no liability for any losses, damages or injuries of any kind arising from such third party content or information.  Further, Second Medical Opinions does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites. In the event that any external website relates to the provision of medical, healthcare or related services and/or items – or any other product or service – a link to such third party website on Second Medical Opinions does not constitute a recommendation by Second Medical Opinions of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.

 

YOU ASSUME THE SOLE RISK OF ACCESSING SUCH WEBSITES AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD PARTY PRODUCTS AND/OR SERVICES.

 

  1. Sponsorships and Advertising

 

You understand that paid sponsorships and advertising may be used to supplement the information, content and materials available on Second Medical Opinions. Second Medical Opinions is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the Second Medical Opinions website. Second Medical Opinions is not responsible for the content of any third-party sponsor’s or advertiser’s website to which Second Medical Opinions links. In all cases involving materials available on or otherwise distributed through the Second Medical Opinions website, the disclaimers, limitations of liability and other provisions of these Terms of Use shall apply. With respect to any other content, products, goods or services available on any third-party website, under no circumstances will Second Medical Opinions be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct any and all issues and concerns to such third party.

 

  1. Electronic Communication

 

By submitting information through Second Medical Opinions, you consent to receive email or telephonic communications from us. When you use Second Medical Opinions or send emails to Second Medical Opinions, you are communicating with Second Medical Opinions electronically. Second Medical Opinions will communicate with you by email, telephone or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. Health Privacy Laws: Use by Covered Entities Strictly Prohibited

 

BY AGREEING TO THESE TERMS OF USE AND USING THE SECOND MEDICAL OPINIONS WEBSITE, ANY AND ALL INDIVIDUALS OR ENTITIES WHO OR WHICH ARE SUBJECT TO HEALTH PRIVACY STATUTES, REGULATIONS OR OTHER PRIVACY LAWS (E.G., “COVERED ENTITIES” UNDER HIPAA), WHETHER FEDERAL, STATE OR LOCAL, HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SECOND MEDICAL OPINIONS STRICTLY PROHIBITS THE ENTRY OF “PROTECTED HEALTH INFORMATION” (PHI) BY SUCH PERSONS OR ENTITIES INTO SMOPINIONS.COM WHETHER OR NOT ON BEHALF OF ANY SECOND MEDICAL OPINIONS USERS OR REGISTRANTS AS THAT TERM (“PROTECTED HEALTH INFORMATION”) IS DEFINED BY THE REGULATIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), SET FORTH IN 45 C.F.R. PARTS 160 THROUGH 164, AND IN ACCORDANCE WITH ANY OTHER FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS, AND ANY AMENDMENTS THERETO, PROMULGATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AND/OR ANY OTHER FEDERAL, STATE OR LOCAL ADMINISTRATIVE AGENCY, REGULATORY OR LEGISLATIVE BODY, RELATING TO THE PRIVACY OF HEALTH INFORMATION. INDIVIDUALS OR ENTITIES SUBJECT TO SUCH HEALTH PRIVACY LAWS, AND 

 

ALL USERS OR REGISTRANTS FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SECOND MEDICAL OPINIONS IS NOT A “BUSINESS ASSOCIATE” OF ANY SUCH PARTIES UNDER HIPAA AS THAT TERM IS DEFINED BY 45 C.F.R. 160.103.

 

  1. Financial and/or Legal Information

 

Any and all financial or legal content available on our website, including but not limited to financial information or data, legal information (including cases, statutes or regulations), summaries thereof or references thereto, editorial content and advertising, does not constitute investment or legal advice, nor is it an offer to buy or sell or a solicitation of an offer to buy or sell any security. SUCH INFORMATION IS PROVIDED FOR PERSONAL USE AND FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A DULY LICENSED FINANCIAL OR LEGAL PROFESSIONAL. For legal advice or decisions, always consult a licensed attorney. For investment advice or decisions, always consult an appropriate professional investment advisor and/or accountant. Financial or legal content that appears on our website does not indicate that Second Medical Opinions endorses such content. In addition, Second Medical Opinions makes no representation that financial or legal information is accurate, reliable, current, timely or complete.

 

  1. Copyright Ownership; Notification of Possible Copyright or Other Infringement

 

You acknowledge and agree that Second Medical Opinions consists of proprietary property of Smopinions.com and Second Medical Opinions, PLC, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to Second Medical Opinions, and all of their subsidiary and affiliated entities and companies, protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to Second Medical Opinions are and shall remain with  Smopinions.com,  Second Medical Opinions, PLC, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to Second Medical Opinions, and all of their subsidiary and affiliated entities and companies.

 

Smopinions.com, Second Medical Opinions, PLC, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to Second Medical Opinions, and all of their subsidiary and affiliated entities and companies, owns and/or licenses certain of the information and content on Smopinions.com.  All content on, as well as the design of, our website is protected under United States and international copyright laws. For information appearing on our website under license from a third party, all copyrights in that information remain with that third party. You may look at our website online, download individual articles to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting it on your own or other website, or using it in any other manner for any commercial purpose without our prior written permission.

 

You further acknowledge that (i) Second Medical Opinions permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media, websites and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the website is not protected by Rights rests with you. You acknowledge that Second Medical Opinions may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading or copying such materials.

 

In connection with your user postings, messages and submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to publish and use and authorize Second Medical Opinions to publish or otherwise use all trademark, trade secret, copyright or other proprietary rights in and to any and all postings, messages and submissions to enable inclusion and use of the user submissions in the manner contemplated by the website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the user submission to publish and use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submission in the manner contemplated by the website and these Terms of Use.

 

By posting or otherwise submitting content, which shall include your member name/user identification, to any public area of the website, including message boards, forums, contests, question and answer forums, and chat rooms, you grant Second Medical Opinions a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and has validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the website retains any and all other rights that may exist in such content.

 

In the event you believe that material or content published on the website may infringe on your copyright, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of Second Medical Opinions, PLC Infringements, by sending a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material) to info@smopinions.com, or write to:

 

Second Medical Opinions, PLC

Subject: Copyright (or Other) Infringement

Attn: Second Medical Opinions, PLC Infringements

PO Box 370

Bay City, MI 480707

 

Second Medical Opinions does not permit copyright infringing activities and infringement of other intellectual property rights on its website, and Second Medical Opinions will remove all such content and user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. Second Medical Opinions reserves the right to remove content and user submissions without prior notice. Second Medical Opinions will also terminate/cancel a user’s registration (or access to the website), if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice.

 

  1. Trademarks and Other Rights

 

Second Medical Opinions owns the names we use for our products and services on our website, and these names are protected by United States and international trademark laws. All trademarks used on our website and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.

 

The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Second Medical Opinions actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

  1. Software, Databases and Other Products

 

We may make software and accompanying documentation available for viewing, downloading and/or printing from our website. These materials are the copyrighted work of Smopinions.com, Second Medical Opinions, PLC, its subsidiaries/affiliated/contracted entities, contracted physicians, other health care professionals, employees, and contractors, including any professional entity that may render services related to Second Medical Opinions, and all of their subsidiary and affiliated entities and companies, or of the individuals or companies that have licensed the software, databases or other products to us. We do not transfer any ownership rights in software, databases or documentation to you when you download it from our website; rather, you are allowed to access the software, data and documentation under the terms of a license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, software available on our website may be subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.

 

  1. Message Storage

 

Second Medical Opinions assumes no responsibility for the deletion of or failure to store user postings, messages, submissions or e-mails.

 

  1. Indemnification

 

You agree to indemnify and hold Second Medical Opinions, their subsidiaries, affiliates, and each of their managers, members, officers, directors, shareholders, employees and agents harmless from any claim or demand made by any third party due to or arising out of your use of the website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your registration (whether or not authorized), of any intellectual property or any other right of any person or entity.

 

  1. Remedies for Breach of these Terms of Use by You

 

In the event that Second Medical Opinions determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the website, Second Medical Opinions reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to Second Medical Opinions) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the website; (iii) cancel/discontinue your registration(s) with the website; (iv) discontinue your subscription to any digital product, product, event, content, tool or service purchased through the website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities and agencies for further action; and/or (vi) take any other action which Second Medical Opinions deems to be appropriate.

 

If your registration(s) with or ability to access the website and/or any other service, content, event, tool or digital product provided to you by Second Medical Opinions is discontinued by Second Medical Opinions due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the website, then you agree that you shall not attempt to re-register with or access the website and/or any other digital product, content or service provided by Second Medical Opinions, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, events, content and services to which your access has been terminated, or subscription fees to the website overall.

 

  1. Laws that Govern this Agreement

 

We operate the Smopinions.com website from its offices within the State of Michigan in the United States of America. The website can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the website may differ, by accessing the website both you and Second Medical Opinions agree that the laws and regulations of the State of Michigan, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our website. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Bay County, Michigan.

 

This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to Second Medical Opinions products or services is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. Second Medical Opinions makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. Second Medical Opinions reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.

 

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

Date last modified: July 8, 2014