Last Revised: 1 February 2023 (Original)
By accessing, browsing, submitting information to, and using the Website, you agree and acknowledge on your behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and directives. If you do not agree to these Terms, please do not use the Website.
- Purpose of the Website.
The Website is provided solely for informational purposes and to enable communication between you and DrDave. The information provided is intended to be general and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. WHILE THE WEBSITE MAY CONTAIN MEDICAL INFORMATION, NOTHING CONTAINED WITHIN THE WEBSITE IS INTENDED TO TREAT OR DIAGNOSE ANY SPECIFIC AILMENT. BEFORE ADOPTING ANY OF THE RECOMMENDATIONS CONTAINED WITHIN THIS WEBSITE OR PRODUCTS SOLD THROUGH THE WEBSITE, PLEASE CONSULT YOUR PHYSICIAN OR MEDICAL CARE PROVIDER.
- Use of the Website.
DrDave grants you a non-exclusive right to access and use the Website and the data, material, Content,, or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by DrDave to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
- Prohibited Uses. You agree that you will not:
- Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Website account, computer systems,, or networks associated with DrDave or the Website;
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by DrDave;
- Use any robot, spider, or another automatic device, process,, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate DrDave, David Smith, MD, another user,, or any other person or entity (including, without limitation, by using email addresses associated with any of the preceding).
- Third-party Websites.
- Linking to the Website and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage DrDave’s reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without DrDave’s express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to specific Content on this Website;
- Send emails or other communications with specific Content, or links to specific Content, on this Website;
- Cause portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use the feature solely as they are provided by the Website and solely concerning the Content they are displayed with and otherwise by any additional terms and conditions DrDave delivers concerning such features; subject to the preceding, you must not:
- Establish a link from any website that you doyou do not own
- Cause our Website or any portion of it to be displayed or appear to be displayed on any other website;
- Link to any part of the Website other than the homepage;
- Otherwise,, take any action concerning the Content on this Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with DrDave in causing any unauthorized framing or linking immediately to cease. DrDave reserves the right to withdraw linking permission without notice. DrDave may, in his sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. DrDave may also disable all or any social media features and links at any time without notice in his sole discretion.
- Third-party Applications.
You acknowledge that your access and use of any third-party applications or software on our Website and Content (the “Third-party Applications”) is at your discretion and risk, and DrDave has no liability to you arising from your use of the Third-party Applications. DrDave at this moment disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied,, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold DrDave harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
- Intellectual Property Notices.
The Website and Content are protected by copyrights, and trademarks or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner except as expressly permitted by DrDave in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express wrote consent of DrDave or applicable owner.
Your computer may temporarily store copies of Content incidental to your accessing and viewing those Content. You may store files automatically cached by your web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use related to shopping or placing an order on this Website, if applicable, and not for further reproduction, publication,, or distribution.
Copyright. It would help if you assumed that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of DrDave. Further, DrDave neither warrants nor represents that your use of materials displayed on the Website will not infringe the rights of third parties. Content, images, photographs, or illustrations shown on the Website is either property of, or used with permission by, DrDave. The use of these materials by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms or specific permission provided elsewhere on the Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. “Nature is My Mentor” is a registered trademark owned by DrDave. Nothing contained on the Website should be construed as granting or conveying, by implication or otherwise, any license or right to use any trademark displayed on the Website without the written permission of DrDave or such third party that may own a trademark displayed on the Website. Your misuse of DrDave’s trademark(s) displayed on the Website, or any other Content on the Website, except as provided herein, is strictly prohibited.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on the use of all Content, copyrighted materials,, and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of the such intellectual property would result in irreparable injury for which monetary damages would be inadequate. You further acknowledge that, in the event of such unauthorized use, DrDave or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be directed to https://davidsmithmd.com/contact-us/
- United States Only.
DrDave is based in the state of Ohio in the United States. DrDave provides this Website for use only by persons in the United States. DrDave makes no claims that the Website or its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or countries.
ALL INFORMATION OR SERVICES PROVIDED BY DRDAVE TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. DRDAVE AND DRDAVE’S THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,, AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, DRDAVE AND DRDAVE’S THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY,, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY,, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT DRDAVE AND DRDAVE’S THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE,, OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE PRECEDING RESTS ENTIRELY WITH YOU. NEITHER DRDAVE NOR ANY OF DRDAVE’S THIRD-PARTY LICENSORS REPRESENT, WARRANT,, OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED,, OR ERROR-FREE. DRDAVE FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS,, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT DRDAVE AND DRDAVE’S THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST DRDAVE FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
- Limitation of Liability.
You agree to defend, indemnify and hold harmless DrDave and DrDave’s licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses,, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
- Termination and Restriction of Access.
In his sole discretion, DrDave may terminate or suspend your access to the Website for breach of these Terms. DrDave shall not be liable for any losses or damages arising from such termination of service.
- Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
- Governing Law & Jurisdiction.
These Terms are governed by the laws of the State of Ohio, U.S.A. You at this moment irrevocably consent to the exclusive jurisdiction and venue of the courts in Butler County, Ohio, U.S.A., in all disputes arising from or relating to the use of the Website.
DrDave may update or change these Terms from time to time to reflect changes in any offered services, changes in the law, or other reasons as deemed necessary by DrDave. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DrDave due to these Terms or use of the Website. You may not assign these Terms without the prior written consent of DrDave in all instances. DrDave may assign these Terms, in whole or in part, at any time. DrDave’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of DrDave’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by DrDave concerning such use.
SupposeSuppose any part of these Terms is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above. In that case,hat case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original . The. The remainder of these Terms shall continue in effect.
- DrDave Contact Information.
Questions can be directed to DrDave at https://davidsmithmd.com/contact-us/.