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Legal Disclaimer/Terms & Conditions/ Privacy Policy/Copyright notices:

1.) The contents of the Kershaw Psychiatry Clinic Website (hereby referred to Kershaw Clinic), such as text, graphics, images, and other material contained on the Kershaw Clinic 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 Kershaw Clinic Site or elsewhere on the internet!

2.) If you think you may have a medical emergency, call your doctor or 911 immediately. Kershaw Clinic does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site without in person consultation. Reliance on any information provided by Kershaw Clinic, Kershaw Clinic employees, others appearing on the Site at the invitation of Kershaw Clinic, or other visitors to the Site should be done, only after an in-depth, in person consultation.

3.) The Site and the Content are provided on an "as is" basis.

4.) If you think you may have a medical emergency, call your doctor or 911 immediately. Kershaw Clinic 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 Kershaw Clinic, Kershaw Clinic employees, others appearing on the Site at the invitation of Kershaw Clinic, or other visitors to the Site is solely at your own risk.

5.)  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.

6.) Kershaw Clinic authorizes you to view or download a single copy of the material on the Kershaw Clinic Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2008, Kershaw Clinic, Inc. 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 Kershaw Clinic Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

7.) The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Kershaw Clinic 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 Kershaw Clinic. All rights not expressly granted herein are reserved to Kershaw Clinic and its licensors.

8.) 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.

9.) When using the Kershaw Clinic Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Kershaw Clinic and its suppliers. Accordingly, Kershaw Clinic 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 Kershaw Clinic Site.

10.) The Kershaw Clinic Site and the content are provided on an "as is" basis. Kershaw Clinic, 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, Kershaw Clinic, its licensors, and its suppliers make no representations or warranties about the following:

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

2. 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 Kershaw Clinic Site.

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

The personal information you submit to Kershaw Clinic is governed by the Kershaw Clinic Privacy Policy. To the extent there is an inconsistency between this Agreement and the Kershaw Clinic Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, contact forms, postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to Kershaw Clinic by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Kershaw Clinic by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Kershaw Clinic by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Kershaw Clinic 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. Kershaw Clinic 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 Public Areas or to Kershaw Clinic by email. We try to answer every email in a timely manner, but are not always able to do so.

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Kershaw Clinic site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herin. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Kershaw Clinic Advertising Policy and the Kershaw Clinic Privacy Policy.

You agree that you will not upload 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 this Web site.

By uploading any media like a photo or video, (a) you grant to Kershaw Clinic a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Kershaw Clinic to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Kershaw Clinic and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

Kershaw Clinic reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

You grant Kershaw Clinic and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Kershaw Clinic cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Kershaw Clinic tools and services.

 

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

You agree to defend, indemnify, and hold Kershaw Clinic, 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.

Access to the Content may not be legal by certain persons or in certain countries. If you access the Kershaw Clinic Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with Kershaw Clinic, or in any way relating to your use of the Kershaw Clinic Site, resides in the courts of the State of South Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of South Carolina in connection with any such dispute including any claim involving Kershaw Clinic 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 South Carolina, 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.

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 Kershaw Clinic's copyright agent (identified below) and providing the following information:

   1. 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.
2. 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.
3. Your name, address, telephone number and (if available) e-mail address.
4. 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.
5. 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.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Except as expressly provided in a particular "legal notice" on the Kershaw Clinic Site, these Terms and Conditions and the Kershaw Clinic Privacy Policy constitute the entire agreement between you and Kershaw Clinic with respect to the use of the Kershaw Clinic Site, and Content.

Thank you for your cooperation. We hope you find our website and services in general 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

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


Last Updated: August 2008
©2008 Kershaw Clinic.