Home : Terms of Use

Terms of Use

PLEASE READ THESE TERMS OF USE BEFORE USING THIS SITE.

Your use of this website constitutes consent to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this site!

SuperSmartHealth, a division of Friedland Consulting (“SuperSmartHealth,” “SSH” or the “Site”), may revise and update these Terms of Use at any time. Your continued usage of the SuperSmartHealth website means you accept those changes.

INDEX

SuperSmartHealth Does Not Provide Medical Advice
Use of Content
Liability
Privacy Policy
User Submissions
Advertisements, Searchs and Links to Other Sites
Indemnity
General
Jurisdiction
Notice and Take Down Procedures, Copyright Agent
Complete Agreement

SuperSmartHealth Does Not Provide Medical Advice

SuperSmartHealth does not provide medical advice, diagnosis or treatment. SuperSmartHealth is designed for informational and educational purposes only. The information and content contained on this website is not intended to replace a one-on-one relationship with a qualified health care professional. SuperSmartHealth, its agents and employees are not engaged in rendering medical advice, diagnosis, treatment or professional medical services. For all specific health and medical questions please consult your own primary health care physician for further information and advice.

The content of the SuperSmartHealth site and any linked sites is intended to provide health related information so that users can better understand their health and their diagnosed disorders, understand their options and make their own health care decisions based upon their research and always in consultation and partnership with their qualified health care professionals.

It is important to recognize that medical research reflects an average study population and may not be representative of or applicable to the particulars of each individual situation. Every patient is different. Do not rely upon any of the information provided on this site for medical diagnosis or treatment. Any personal medical concerns or decisions should be made in consultation with your qualified health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on SuperSmartHealth. If you think you may have a medical emergency, call your doctor or 911 immediately.

SuperSmartHealth does not recommend or endorse any specific tests, physicians, medical facilities, products, procedures, opinions, options or other information that may be mentioned on the site or linked sites. Reliance on any information provided by SuperSmartHealth, SuperSmartHealth employees, others appearing on the site at the invitation of SuperSmartHealth, linked sites or other visitors to the site is solely at your own risk. SuperSmartHealth does not control the content of the Internet sites or organizations listed.

All efforts have been made to ensure the accuracy of the information included on this site. SuperSmartHealth and its creators and maintainers cannot be held responsible for the accuracy of the information contained on these pages, nor for any actions made on the basis of information provided by SuperSmartHealth.

SuperSmartHealth will not be liable for any complications, injuries or other medical accidents arising from or in connection with the use of or reliance upon any information on the web. SuperSmartHealth is not liable for any decisions made with clinicians or hospitals identified through SuperSmartHealth. SuperSmartHealth does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed on the site or any other linked site.

Any seminars, webinars, workshops, training, or coaching held in conjunction with SuperSmartHealth are for educational purposes only and not intended as treatment for any physical or mental health condition. Anyone in crisis or having a psychological diagnosis, or taking psychotherapeutic drugs, will need to clear their participation with a qualified mental healthcare provider, with whom they maintain an ongoing therapeutic relationship.

Use of Content

The Content of SuperSmartHealth is protected by the copyright law of the United States and foreign laws. SuperSmartHealth authorizes you to view or download a single copy of the material on the SuperSmartHealth Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2008, SuperSmartHealth. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.

Any special rules for the use of certain content accessible on the SuperSmartHealth Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. In addition any special rules for the use of certain content accessible through links from the SuperSmartHealth Site are included on those websites and are subject to those terms of use.

Title to the content on the SuperSmartHealth site remains with SuperSmartHealth. Any use of the content not expressly permitted by these Terms of Use is a breach and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SuperSmartHealth. All rights not expressly granted herein are reserved to SuperSmartHealth.

If you violate any of these Terms of Use, 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

The use of the SuperSmartHealth Site and the Content is at your own risk.
The SuperSmartHealth Site and the content are provided on an "as is" basis. SUPERSMARTHEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS 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, SuperSmartHealth makes no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of SuperSmartHealth.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the SuperSmartHealth Site.

In no event shall SuperSmartHealth or any third parties mentioned on the SuperSmartHealth 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 SuperSmartHealth Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SuperSmartHealth or any third parties mentioned on the SuperSmartHealth Site are advised of the possibility of such damages.

SuperSmartHealth and any third parties mentioned on the SuperSmartHealth Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. SuperSmartHealth and any third parties mentioned on the SuperSmartHealth Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, the SuperSmartHealth Blog (“SSH Blog”) or any SuperSmartHealth Webinars or Seminars. Any claims arising in connection with your use of the Site, any Content, or the SSH Blog or SSH Webinars or Seminars 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.

Privacy Policy

Privacy Information
SuperSmartHealth collects information about users in two ways: 1) data that users submit voluntarily to us via our contact form or any other means; 2) aggregated tracking data we collect when users visit or interact with us.

Aggregated Tracking Information
We analyze visitors’ use of our site by tracking information such as pageviews, traffic flow, search terms, and click through. We use this information to review our visitor traffic and to improve our site.

Log Files
We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Cookies
This website does not use or place cookies at any time.

Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Information collected by sites linked to SuperSmartHealth
SuperSmartHealth may link to other sites not controlled by SuperSmartHealth. The collection of your data by these sites is outside the scope of SuperSmartHealth’s control and SuperSmartHealth is not responsible for data collected by those linked sites.

User Submissions

Any personal information, computer information, or other information including any communications or content of any type that you email, upload or transmit to SuperSmartHealth in connection with the use of the Site: (a) shall not be obscene or indecent; (b) shall not contain any Hazards, such as viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards"); (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; and (e) shall not create any liability for SuperSmartHealth or cause SuperSmartHealth to lose (in whole or in part) the services of its Internet Service Provider(s) or other suppliers. Users shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site.

By submitting communications or content to the SSH Blog or SSH Webinars, you agree that such submission is not confidential and will be available to the public. If you submit any business information, idea, concept or invention to SuperSmartHealth by email or by uploading information, you agree such submission is non-confidential for all purposes and you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – SuperSmartHealth a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SuperSmartHealth may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the SSH Blog, SSH Webinars or to SuperSmartHealth by email.

If you use the SSH Blog or SSH Webinars, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the SSH Blog or SSH Webinars. SuperSmartHealth is not responsible for the consequences of any communications in the SSH Blog or SSH Webinars. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

You also agree that the following activities shall constitute a material breach of these Terms of Use: (1) posting advertisements or solicitations of business; (2) after receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); (3) posting chain letters or pyramid schemes; (4) impersonating another person; (5) harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments without their consent; (6) allowing any other person or entity to use your identification for posting or viewing comments; (7) posting the same note more than once or "spamming"; or (8) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the the SuperSmartHealth Site, Blog or Webinars, or which, in the judgment of SuperSmartHealth, exposes SuperSmartHealth or any of its customers or suppliers to any liability or detriment of any type.

SuperSmartHealth reserves the right (but is not obligated) to investigate allegations of communications that may violate these Terms of Use and determine, in its sole discretion, to remove, edit or delete the communications, whether or not they violate the Terms of Use. SuperSmartHealth may also terminate a user’s access to the SuperSmartHealth Site upon any breach of these Terms of Use. SuperSmartHealth has no liability or responsibility to users of the SuperSmartHealth Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches and Links to Other Sites

SuperSmartHealth provides links to third-party web sites. SuperSmartHealth also may select certain sites as priority responses to search terms you enter and SuperSmartHealth may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. SuperSmartHealth does not recommend and does not endorse the content on any third-party websites. SuperSmartHealth is not responsible for the content of linked third-party sites, sites framed within the SuperSmartHealth 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. SuperSmartHealth does not endorse any product, service, or treatment advertised on the SuperSmartHealth Site.

Indemnity

You agree to defend, indemnify, and hold SuperSmartHealth, 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 of Use.

General

SuperSmartHealth is based in San Diego, California, in the United States of America. SuperSmartHealth makes no claims that SuperSmartHealth is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access SuperSmartHealth 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, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with SuperSmartHealth, or in any way relating to your use of the SuperSmartHealth Site, resides in the courts of the State of California, San Diego County and the Southern District of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving SuperSmartHealth or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures, Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting SuperSmartHealth’s copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

SuperSmartHealth’s agent for copyright issues relating to this web site is as follows:

SuperSmartHealth, Attn: Copyright
P.O. Box 910286
San Diego, CA 92191

copyright@SuperSmartHealth.com

Or call: 858.481.2393

In an effort to protect the rights of copyright owners, SuperSmartHealth maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided, these Terms of Use constitute the entire agreement between you and SuperSmartHealth with respect to the use of the SuperSmartHealth website, and its Content.

Thank you for your cooperation. We hope you find the SuperSmartHealth.com website helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: SuperSmartHealth, P.O. Box 910286, San Diego, CA 92191.

We try to answer every email in a timely manner but due to volume may not always be able to do so.

Super Smart Health

Empowering Health and Wellbeing