Welcome to the website of Samuel A. Berkman, M.D. Please review these Terms
of Use. By accessing or using the Site, you agree to follow and to be legally
bound by these Terms of Use.
1. OWNERSHIP AND USE OF SITE MATERIALS
The Site contains information, data, logos, graphics, images, photographs and
other elements and materials (collectively, "Materials") that are owned by
and are the copyrighted works of Dr. Berkman. Except as stated herein, you
may not use, copy, reproduce, modify, create derivative words from, distribute,
republish, download, display, post or transmit in any form or by any means,
including electronic, mechanical, photocopying, recording or other means, any
Materials without the prior written permission of Dr. Berkman. Any unauthorized
use of any Materials contained on this Site may violate copyright, trademark,
privacy, publicity or communications laws and regulations.
Dr. Berkman hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media or used for commercial gain; and (3) the Materials are not modified in any way.
2. TRADEMARKS
Other company names, marks, logos and symbols may be the trademarks of its third party providers or other third parties. Any unauthorized use of any such trademarks may be a violation of the rights of Dr. Berkman or a third party.
3. LINKS TO THIRD PARTY SITES
This Site contains links to websites controlled by parties other than Dr. Berkman. Dr. Berkman does not screen or endorse and is not responsible or liable for the contents or use of these third party sites or for their policies respecting privacy of personal information. Dr. Berkman is providing these links to you only as a convenience.
4. TERMINATION OF ACCESS
Dr. Berkman may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason.
5. DISCLAIMERS RESPECTING SITE
The Site and Materials are provided ?as is? and the use of the Site and Materials is at your sole risk. Dr. Berkman makes no representations or warranties of any kind, express or implied, as to the Site, the operation of the Site, the Materials or the results that may be obtained from the use of the Site or that the use of the Site will be uninterrupted or error-free. Dr. Berkman hereby disclaims to the fullest extent allowed by applicable law.
Dr. Berkman does not represent or warrant that any information accessible on or through the Site is accurate, complete or current. All information is subject to change without prior notice to use and without updating the information on the site.
6. LIMITATION OF LIABILITY RESPECTING SITE
Dr. Berkman shall not be liable for any damages of any kind arising from or in connection with the use of the Site or the Materials, including interruptions, errors, defects, viruses or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect, punitive, special, incidental or consequential damages (including but not limited to damages for lost profits, loss or inaccuracy of data or loss of revenue.)
7. INDEMNIFICATION BY SITE USER
You agree to hold Dr. Berkman and his affiliates harmless from and indemnify
them against any claims by third parties based on or related to your on-line
actions, your failure to comply with these Terms of Use or your use of the
Site or the Materials and all damages, costs and expenses relating thereto.
8. CHANGES TO SITE OR TERMS OF USE
Dr. Berkman may make improvements or changes to the Site or to the services and programs described on this Site at any time without notice. Dr. Berkman may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site.
9. LOCAL LAWS; EXPORT CONTROL
Dr. Berkman makes no representation that the Site or the Materials are appropriate or available for use outside the USA. If you use this Site from locations outside the USA, you are responsible for compliance with USA and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the USA.
10. RIGHTS AND REMEDIES OF SAMUEL A. BERKMAN, M.D.
You agree that Dr. Berkman shall have all rights and remedies provided under these Terms of Use and under applicable law.
11. GOVERNING LAW; CHOICE OF FORUM
These Terms of Use and all other transactions conducted through the Site or with Dr. Berkman will be governed by and construed and enforced under the laws of the State of Missouri (excluding any conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue and inconvenience of the forum.
12. LEGAL CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact Dr. Berkman at
.
