Terms and Conditions (“Terms”)
Our Terms and Conditions applies to your use of all the sites owned or operated by Science-Smart (collectively “we,” “us” “our” or “Science-Smart”), including DrApovian.com and Science-Smart.com along with any other Sites that we may own or operate in the future (collectively, the “Sites”). This policy does not apply to your use of unaffiliated sites to which any of the Sites only link. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using our sites.
Our Sites Do Not Provide Medical Advice
While the contents on our Sites were prepared to provide accurate information regarding topics related to health and nutritional issues, the information contained on our Sites is made available with the express understanding that Science-Smart LLC and experts on the Sites, nor the Sites itself, nor members of the Sites are dispensing medical advice and do not intend any of this information to be used for self-diagnosis or treatment. 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. Seek medical attention before undertaking any diet, exercise or other health program described on our Sites. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Our sites are not affiliated with Boston Medical Center. While Dr Apovian works at Boston Medical Center, the contents of these sites, which are owned and operated by Science-Smart, are not endorsed by nor affiliated with Boston Medical Center. Boston Medical Center assumes no liability relating to any products purchased, services rendered or information obtained from these sites.
Acceptance of Terms
Your access to and use of the Sites is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Sites. By accessing or using the Sites you agree to be bound by these Terms. If you disagree with any part of the terms then you do not use the Sites.
Use of the Sites – Permissions and Restrictions
2. Science-Smart authorizes you to view or download a single copy of the material made available on the Sites solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Science-Smart. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
4. You agree not to access or use the Sites for any commercial use without the prior written authorization of Science-Smart.
5. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Sites in a manner that sends more request messages to the Science-Smart servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Sites. You also agree not to interfere with the servers or networks connected to the Sites or to violate any of the procedures, policies or regulations of networks connected to the Sites. Notwithstanding the foregoing, Science-Smart grants the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Science-Smart reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Sites, nor to use the communication systems provided by the Sites (e.g., comments, email, etc.) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites with respect to their User Submissions. Any conduct by you that in Science-Smart’s opinion restricts or inhibits any other user from using or enjoying the Sites will not be permitted.
7. You agree not to upload, post or otherwise make available on the Sites any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
8. You agree not to impersonate any other person while using the Sites or conduct yourself in a vulgar or offensive manner while using the Sites. You agree that Science-Smart may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at Science-Smart’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
9. You agree that Science-Smart, should it accept a User Submission, may include that User Submission on the Sites for as long or as short a period of time as Science-Smart, at its sole discretion, chooses. Furthermore, you agree that Science-Smart may edit User Submissions.
10. You agree that Science-Smart shall have the right, but not the obligation, to monitor the content of the Sites and to remove any material that Science-Smart, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
11. Science-Smart reserves the right to discontinue any aspect of the Sites at any time.
Disclaimer of Opinion
Any opinions, advice, statements, sites, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Sites are those of the respective authors or producers and not of Science-Smart, or its shareholders, directors, officers, or employees. Under no circumstances shall Science-Smart, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Sites. It is your responsibility to evaluate the information, opinion, advice, or other content available through the sites.
Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the sites, but the accuracy of this information cannot be guaranteed. The sites, the content, and any and all products promoted via the sites are provided on an “as is” basis. The use of the sites, the content and any product or sites discussed or promoted via the sites is at your sole risk. When using the Sites, information will be transmitted over a medium that is beyond the control and jurisdiction of Science-Smart and its suppliers. Additionally, third parties, not Science-Smart, sell the products described in the “Health Store.” All dietary supplements and ingestible or topical products discussed on the Sites are sold by parties other than Science-Smart. While Science-Smart receives referral fees in many cases, it does not control the manufacture or formulation of the products, nor does it control any statements about products other than those on the sites.
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCIENCE-SMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER SCIENCE-SMART ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, OR MERCHANDISE PROVIDED THROUGH THE SITES. THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER SCIENCE-SMART, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. Science-Smart DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITES DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE Science-Smart WEB SITES OR ANY HYPERLINKED WEB SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCIENCE-SMARTWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SITES. AS WITH THE PURCHASE OF A PRODUCT OR SITES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SCIENCE-SMART ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEB SITES HAVE BEEN SATISFIED.
Limitation on Liability
IN NO EVENT SHALL SCIENCE-SMART, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE WEB SITES OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEB SITES OR ANY AFFILIATED SITES, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SCIENCE-SMART IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEB SITES IS CONTROLLED AND OFFERED BY SCIENCE-SMART FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND SCIENCE-SMART MAKES NO REPRESENTATIONS THAT THE Science-Smart WEB SITES IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SCIENCE-SMART WEB SITES FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, SCIENCE-SMART, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THIS WEB SITES OR PURCHASE OF ANY PRODUCTS OR SITES THROUGH THIS WEB SITES, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, AND (II) U.S. $1000.00.
Advertisements, Product/Sites Promotions and Links to Other Sites
User Submissions and Contributions
Science-Smart does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Science-Smart expressly disclaims any and all liability in connection with User Submissions. Science-Smart does not permit copyright infringing activities and infringement of intellectual property rights on its sites, and Science-Smart will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. Science-Smart reserves the right to remove User Submissions without prior notice. Science-Smart has the right but not the obligation to monitor and edit all User Submissions.
Science-Smart is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Science-Smart including, without limitation, responses to questionnaires or through postings to the Sites, Science-Smart’s Facebook Page, Google + pages, Youtube page, Linkedin page, Twitter account or any other online sources, without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Sites or other web sites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against Science-Smart and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
We reserve the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, or personal attacks; misleading information regarding the origin of the content; or a discussion of Science-Smart policies or sites. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Please check from time to time for changes. By continuing to access or use our Sites after any revisions become effective, you agree to be bound by the revised terms. Any access to or use of the sites by you after such posting shall be deemed to constitute your acceptance of such Changed Terms.
Intellectual Property Notice
All content on our sites, including, without limitation, all newsletters, and other materials distributed via the sites, are owned by Science-Smart LLC. or its licensors, and are protected by U.S. and international copyright, trademark and other intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
If you wish to purchase any product or Sites made available through the Sites (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
Availability, Errors and Inaccuracies
We are constantly updating product and offerings on the Sites. We may experience delays in updating information on the Sites and in our advertising on other sites. The information found on the Sites may contain errors or inaccuracies and may not be complete or current. Products or sites may be mispriced, described inaccurately, or unavailable on the sites and we cannot guarantee the accuracy or completeness of any information found on the sites. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Sites or a third-party Sites. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse Sites, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Sites infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@Science-Smart.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the Sites on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on the Sites where the material that you claim is infringing is located;
5. Your address, telephone number, and email address;
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Acceptance of Terms
Last updated: March 12, 2015