Terms and Conditions of Use
TERMS AND CONDITIONS OF USE
ADRIUS RESOURCES, LLC WEBSITES
By accessing or using any of the Adrius Resources, LLC (“School Physicians”) Internet properties including, without limitation, www.SchoolPhysicians.com
, www.SchoolPhysician.com, www.DKKimLLC.com, and any others released by the ADRIUS RESOURCES from time to time (collectively referred to as the “ADRIUS RESOURCES websites”) you agree to comply with and be bound by these
IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 OR CALLL FOR EMERGENCY MEDICAL ASSISTANCE. THIS WEBSITE DOES NOT OFFER MEDICAL ADVICE AND NOTHHHING ON THE WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD NOT RELY ON INFORMATIONRECIVED VIA THIS WESITE FOR MEDICAL, LEGAL OR FINANCIAL DECISIONS. ALWAYS CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE RELATED TO YOUR SITUATION.
- Personal Login Information. Certain features and areas of the ADRIUS RESOURCES websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The ADRIUS RESOURCES is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact ADRIUS RESOURCES immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the ADRIUS RESOURCES websites and not interfere with the use and enjoyment of the ADRIUS RESOURCES websites by other users or with the ADRIUS RESOURCES’s operation and management of the ADRIUS RESOURCES websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ADRIUS RESOURCES websites, including, without limitation, information required to be provided through an ADRIUS RESOURCES registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the ADRIUS RESOURCES reserves the right to terminate your access and use of the ADRIUS RESOURCES websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ADRIUS RESOURCES websites, or defame or otherwise harm any party, including the ADRIUS RESOURCES, through your use of the ADRIUS RESOURCES websites.
- Proprietary Rights. The content of the ADRIUS RESOURCES websites includes, without limitation, (i) the ADRIUS RESOURCES’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “ADRIUS RESOURCES Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the ADRIUS RESOURCES websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “ADRIUS RESOURCES Content”). ADRIUS RESOURCES Content is the property of the ADRIUS RESOURCES, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any ADRIUS RESOURCES Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the ADRIUS RESOURCES or the owner of such content if the ADRIUS RESOURCES is not the owner. Any use of the ADRIUS RESOURCES Marks without the ADRIUS RESOURCES’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the ADRIUS RESOURCES Content, including any such notices appearing on any ADRIUS RESOURCES Content you are permitted to download, transmit, display, print, or reproduce from the ADRIUS RESOURCES websites.
- Responsibility for Use of the Internet and the ADRIUS RESOURCES websites. Use of the Internet and the ADRIUS RESOURCES websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The ADRIUS RESOURCES does not guarantee the confidentiality or security of any communication or other material transmitted to or from the ADRIUS RESOURCES websites over the Internet or other communication network. The ADRIUS RESOURCES shall not be obligated to correct or update the ADRIUS RESOURCES websites, the ADRIUS RESOURCES Content or the User-Generated Content and the ADRIUS RESOURCES shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the ADRIUS RESOURCES websites.
- ADRIUS RESOURCES Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by the ADRIUS RESOURCES and ADRIUS RESOURCES hereby disclaims all express and implied warranties of any kind.
- Medical information. This website and all ADRIUS RESOURCES websites may contain general information relating to various medical conditions and their treatments. Such information is provided for information purposes only and is not meant to be a substitute for advice provided by a doctor and other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
- Patient Information. The ADRIUS RESOURCES websites, including any public forums which you may access via the ADRIUS RESOURCES websites, may contain confidential patient information (“Patient Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient
Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information.
- Third Party Information. The ADRIUS RESOURCES websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content, or other information made available by third parties such as content providers and other users of the ADRIUS RESOURCES websites are those of the respective third party and not of the ADRIUS RESOURCES or its affiliates. The ADRIUS RESOURCES makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
- Advertisers. The ADRIUS RESOURCES websites may contain advertisements of third parties. The inclusion of advertisements on the ADRIUS RESOURCES websites does not imply endorsement of the advertised products or services by the ADRIUS RESOURCES. The ADRIUS RESOURCES shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the ADRIUS RESOURCES websites. Further, the ADRIUS RESOURCES shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the ADRIUS RESOURCES websites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
- Links to Third Party websites. The ADRIUS RESOURCES websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the ADRIUS RESOURCES exercises no control. The appearance of any such third-party links (provided by the ADRIUS RESOURCES or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the ADRIUS RESOURCES websites, you do so entirely at your own risk.
- Links to ADRIUS RESOURCES websites and ADRIUS RESOURCES Content. Links posted by third parties to the ADRIUS RESOURCES websites and/or ADRIUS RESOURCES Content may not use the ADRIUS RESOURCES trademark or logo and shall not suggest that the ADRIUS RESOURCES promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the ADRIUS RESOURCES websites shall be the responsibility of the linking party. The ADRIUS RESOURCES reserves the right to require any linking party to disable or remove any link that violates the ADRIUS RESOURCES’s rights or causes interruption or deterioration of ADRIUS RESOURCES Content.
- Warranties Disclaimed. THE ADRIUS RESOURCES WEBSITES AND ADRIUS RESOURCES CONTENT ARE PROVIDED “AS IS”
AND “AS AVAILABLE.” NEITHER THE ADRIUS RESOURCES, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES,
OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS,
ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “ADRIUS RESOURCES PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE ADRIUS RESOURCES WEBSITES OR ADRIUS RESOURCES CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE ADRIUS RESOURCESWEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF AN PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU THROUGH THE ADRIUS RESOURCES WEBSITES WILL MEET YOUR EXPECTATIONS; OR(iv) ADRIUS RESOURCES CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ADRIUS RESOURCES WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- Limitation of Liability. THE ADRIUS RESOURCES PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY
LIABILITY, FOR ANY CLAIM, LOSS OR DADRIUS RESOURCESGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DADRIUS RESOURCESGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE ADRIUS RESOURCES WEBSITES AND/OR ANY ADRIUS RESOURCES CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ADRIUS RESOURCES WEBSITES AND/OR ADRIUS RESOURCES CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE ADRIUS RESOURCES WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ADRIUS RESOURCES WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ADRIUS RESOURCES WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE ADRIUS RESOURCES WEBSITES ARISING OUT OF CAUSES BEYOND THE ADRIUS RESOURCES’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE ADRIUS RESOURCES CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ADRIUS RESOURCES WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE ADRIUS RESOURCES WEBSITES OR ADRIUS RESOURCES CONTENT.
- Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DADRIUS RESOURCESGE CAUSED BY NEGLIGENCE, BREACH
OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DADRIUS RESOURCESGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ADRIUS RESOURCES’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ADRIUS RESOURCES websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Revised March 2022