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!
Empowered Medical Media, LLC (EMM) may revise and update these Terms and Conditions at any time. Your continued usage of the Empowered Doctor website ("Empowered Doctor Site," or the "Site,") will mean you accept those changes.
The Site Does Not Provide Medical Advice
The contents of the Empowered Doctor Site, such as text, graphics, images, information obtained from Empowered Doctor's licensors, and other material contained on the Empowered Doctor 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 the Empowered Doctor Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Empowered Doctor or EMM does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by EMM, EMM employees, others appearing on the Site at the invitation of Empowered Doctor, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
Use of Content
EMM authorizes you to view or download a single copy of the material on the Empowered Doctor Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2010, Empowered Medical Media, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Empowered Doctor Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with EMM 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 EMM. All rights not expressly granted herein are reserved to EMM 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 EMM and Its Licensors
The use of the Empowered Doctor Site and the Content is at your own risk.
When using the Empowered Doctor Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of EMM and its suppliers. Accordingly, EMM 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 Empowered Doctor Site.
The Empowered Doctor Site and the content are provided on an "as is" basis. Empowered Medical Media LLC, 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, Empowered Doctor, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall Empowered Doctor, or EMM, its licensors, its suppliers, or any third parties mentioned on the Empowered Doctor 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 Empowered Doctor Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EMM, its licensors, its suppliers, or any third parties mentioned on the Empowered Doctor Site are advised of the possibility of such damages. Empowered Doctor, EMM, its licensors, its suppliers, or any third parties mentioned on the Empowered Doctor Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Empowered Doctor, EMM its licensors, its suppliers, or any third parties mentioned on the Empowered Doctor 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.
EMM, Empowered Doctor or its licensors have no liability or responsibility to users of the Empowered Doctor Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Empowered Doctor may provide links to third-party web sites. Empowered Doctor also may select certain sites as priority responses to search terms you enter and Empowered Doctor may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Empowered Doctor or EMM does not recommend and does not endorse the content on any third-party websites. EMM, Empowered Doctor is not responsible for the content of linked third-party sites, sites framed within the Empowered Doctor 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. Empowered Doctor or EMM does not endorse any product, service, or treatment advertised on the Empowered Doctor Site.
You agree to defend, indemnify, and hold Empowered Medical Media, LLC, 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.
Empowered Medical Media, LLC is based in Long Island City, New York, in the United States of America. Access to the Content may not be legal by certain persons or in certain countries. If you access the Empowered Doctor 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.
You expressly agree that exclusive jurisdiction for any dispute with Empowered Medical Media, LLC, or in any way relating to your use of the Empowered Doctor Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Empowered Doctor or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.