Terms and Conditions of Service

PodcastDoc.com, and any sub-sites within it (such as the section of Dr. Pezzi's tips), are provided as an educational and entertainment service (the "Service" or "PodcastDoc.com"). The Service is provided by IdeaTeem, Inc., a Michigan corporation. This legal agreement is made between You and IdeaTeem, Inc. ("Agreement"). Please read the entire Agreement before using the Service in any way. By accessing PodcastDoc.com and using any Service provided by it, You agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE IN ANY WAY. The terms and conditions of this Agreement may be modified by PodcastDoc.com at any time, effective when posted on the Service. You can read the most current version of the Agreement at any time at http://www.podcastdoc.com/tips/terms.php. These Terms and Conditions of Service apply to all services within this site. "Terms and Conditions of Service" and "Terms of Service" shall be used interchangeably in this Agreement.

ELIGIBILITY: Use of this Service is limited to persons 18 years of age or older, or by minors if their parents have read these Terms of Service and agree to accept full responsibility for any actions taken by them in connection with this Service, and furthermore agree to monitor all online activity of that minor in connection with our Service, directly or indirectly. By using the Service, You represent and warrant that You are at least 18 years old and have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions, or that you are an eligible minor as stipulated above, and your parents have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions. The PodcastDoc.com Service is for Your sole, personal use.

PROHIBITION OF BUSINESS USAGE: You may not use any PodcastDoc.com Service for any group or commercial activity without prior written consent from IdeaTeem, Inc. Use of our Service by any business entity, or any person, entity, organization, or computer acting on behalf of any business entity, is strictly prohibited.

TERM AND TERMINATION: You specifically agree to be bound by all provisions of the Agreement for all past, present, and future actions that You take or have taken as a result of Your participation in any PodcastDoc.com Service.

PROPRIETARY RIGHTS: If you believe that any material is posted on our Service in a way that constitutes trademark or copyright infringement, please provide PodcastDoc.com with a Notice of Infringement Form consisting of the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our address for reporting infringement of intellectual property is: 6680 Traverse Road, Thompsonville, MI 49683. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement. If You contact PodcastDoc.com and are not the author of the material that You claim copyright ownership of, furnish PodcastDoc.com with proof of ownership. According to the Copyright Act (17 U.S.C. § 101 et.seq.), a transaction transferring copyright ownership must be in writing and must be signed by the owner of the copyright being transferred. In any dispute concerning copyright ownership, PodcastDoc.com shall assume that the author of the material is the copyright owner unless PodcastDoc.com is furnished with a written, signed contract that indicates otherwise.

USER CONDUCT: By using this Service, You agree that:

You will abide by all applicable laws and regulations. All rights to use PodcastDoc.com are granted on condition that such rights are forfeited if you fail to comply with every provision of this Agreement.
You will not collect or reuse, for commercial or non-commercial purposes, any content, including but not limited to text or photos, found on PodcastDoc.com. You agree not to publish any content found in this site. You agree not to transmit (by e-mail or other means) any content found in this site.
You agree not to transfer or resell Your use of or access to our Site to any third party. You agree that you will not allow anyone else to use your login information (e-mail address and password) to access this site. To ensure that no one can utilize your account, you agree to choose a password that is very secure and cannot be feasibly guessed by a third party. You furthermore agree to keep that password secret. If we believe that you have violated this provision, we may terminate your account without any obligation or compensation to you. If your account is terminated, you forfeit any unused credits that you earned or paid for. If you permit another person to use your login information, you agree that this constitutes a fraudulent theft of service, for which you agree to pay the penalty as stipulated in the PENALTIES section (see below).
You agree that you will not register, or attempt to register, more than once to obtain free credits to access Dr. Pezzi's tips or other information. If you do register, or attempt to register, more than once, you agree that this constitutes a fraudulent theft of service, for which you agree to pay the penalty as stipulated in the PENALTIES section (see below).
You understand and agree that you will not ask for a registration code to permit you to register on this site unless you are eligible to register. You furthermore understand and agree that if such a registration code is given, it does not constitute any admission on our part that you are eligible to register. If you are not eligible to register but request a code, you agree that this constitutes a fraudulent theft of service, for which you agree to pay the penalty as stipulated in the PENALTIES section (see below).
You agree to provide accurate information when registering. You agree that use of a name other than your own, or use of a MySpamSponge handle other than your own, constitutes a fraudulent theft of service, for which you agree to pay the penalty as stipulated in the PENALTIES section (see below).
If You subscribe to any of our mailing lists, such as a request to be notified when we add new tips to this site, You agree to accept and consent to receiving e-mail communications initiated from PodcastDoc.com. You agree that you will not consider any message from PodcastDoc.com to be spam; You therefore agree to waive any rights under the law concerning spam. You understand and agree that any advertisements posted on this site or sent in conjunction with e-mails to You are necessary for PodcastDoc.com to provide our Service. Your e-mail address will never be released to any person or corporation not affiliated with PodcastDoc.com unless PodcastDoc.com is presented with a court order compelling such disclosure.
You will not "frame" or "mirror" any part of our Service, without our specific prior written and signed consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Service or its contents.
You will not access PodcastDoc.com in any way other than our normal user interface. Any attempt to access PodcastDoc.com in any automated or semi-automated way is strictly prohibited for all Users.
You will not interfere with the use and enjoyment of our Services by other Users, including but not limited to, attempts to interfere or disrupt our Service or any site, servers, or networks connected to PodcastDoc.com.
You will not generate, e-mail, or otherwise transmit 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 hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Service.
You will not use meta tags or code or other devices containing any reference to PodcastDoc.com or our Service or any site connected to our Service in order to direct any person or computer to any other web site for any purpose.
We reserve the right to use any technological means to deter, investigate, and prosecute any crime or violation of these Terms of Service.
You understand and agree that PodcastDoc.com reserves the right to modify or discontinue, temporarily or permanently, our Service at any time with or without notice to you. You agree that PodcastDoc.com shall not be liable to you or any third party for any modification or discontinuance of our Service.
You understand and agree that PodcastDoc.com reserves the right to revoke any account at any time with or without notice to you for any reason that it deems acceptable. You agree that PodcastDoc.com shall not be liable to you or any third party for revoking any account.
You understand and agree that you are solely responsible for all decisions, and the consequences of them, concerning the divulgence of your MySpamSponge handle, name, e-mail address, or information of any sort.
You understand and agree that PodcastDoc.com has no obligation to provide you with the means to connect to our site or to use it. If you wish to use our site, you are solely responsible for obtaining Internet access through a suitable computer. Furthermore, you understand and agree that PodcastDoc.com has no obligation to assist you if you cannot utilize our site through its normal user interface, regardless of whether your inability to use our site is caused by a physical, mental, or other disability. If you have such an impairment and wish to use PodcastDoc.com, you are solely responsible for obtaining the assistance of someone who can help you utilize this site.
You understand and agree that You cannot sue PodcastDoc.com, IdeaTeem, Inc., or any of its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, for any damages done to You through the site.
You understand and agree that, unless explicitly stated otherwise, none of the models are affiliated with this site, nor do they endorse any of its content. The models are models, not spokespersons.
You understand and agree that, if you send a question or comment to Dr. Pezzi, he may publish it in one of his books or web sites, or any other means of publication, without compensation to you. The best way to ensure that he does not publish anything you do not want published is not to send it to him. Dr. Pezzi is willing to keep you anonymous by not mentioning your name, or by mentioning your first name only, but if this is a concern to you, please explicitly state in your message what your preference is: not mentioning your name, mentioning your first name only, or using your full name. Similarly, if you do not want him to disclose your location, please explicitly state that in your message. Dr. Pezzi generally does not do that except in comments, such as: "Hey, doc, I loved your book! Thanks for teaching me how science can make sex so much better! I'm looking forward to your next book!" Mary in Minneapolis Dr. Pezzi is sometimes willing to answer questions free, or at reduced cost, but since he has a limited amount of time (don't we all?), this is a quid pro quo in which your question is the quid and his response is the quo.

PENALTIES: You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then You will be liable to pay PodcastDoc.com liquidated damages for each instance of violating any of our Terms of Service. These liquidated damages are:

For any attempted Denial of Service attack: $10,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.
For any attempt to bypass our normal user interface and access, alter, or interfere with our database or any PodcastDoc.com functionality other than that stipulated above: $1,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.
For any business usage other than that stipulated above: $1000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.
For any business usage in which you transmit any unsolicited commercial e-mail (spam), junk mail, chain letters, or pyramid schemes: $1,000,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses. In consideration of the malicious nature of the attack, you understand and agree that this debt cannot be discharged by bankruptcy (giving us the right to seize your future assets), and that you waive all rights that you may have concerning extradition in any legal proceedings against you relating to this matter. In further consideration of the malicious nature of the attack, you understand and agree that you waive all rights to use a company, corporation, or organization to shield your personal assets, making you, your company, corporation, organization, or any involved company, corporation, or organization, jointly liable for the penalties and fees.
For any fraudulent theft of service: $10,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.
For any attempted fraudulent theft of service: $5000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.
For all other TOS violations: $100 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.

An occurrence shall be defined as:

Creating an account that violates one or more of these Terms of Service.
Any other single act that violates one or more of these Terms of Service.

PodcastDoc.com may choose, in its sole discretion, to issue a warning before assessing damages.

INDEMNITY BY USER: You agree to defend, indemnify, and hold IdeaTeem, Inc., its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, harmless relative to any liabilities, damages, losses, costs, and/or expenses, to include reasonable and actual attorney fees, directly or indirectly relating to or arising out of your use of PodcastDoc.com, including, but not limited to:

Your breach of this Agreement.
Your activities in connection with our Service.

ONLINE CONTENT: You agree and acknowledge that opinions, advice, statements, offers or other information or content made available through any use of our Service, unless expressly stated to the contrary, are not made by or on behalf of PodcastDoc.com. Opinions, advice, statements, offers, or other information or content made available through the use of PodcastDoc.com's Service, but not directly by PodcastDoc.com, are those of their respective authors. PodcastDoc.com MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, with regard to such matters. Such authors are solely responsible for such content. PodcastDoc.com does not represent, warrant, guarantee, or vouch for, in any respect, the accuracy, completeness, or usefulness of any information on the PodcastDoc.com Service, and PodcastDoc.com neither endorses nor can be responsible for the accuracy or reliability of any opinion, advice or statement made by parties other than PodcastDoc.com.

SUGGESTIONS: If You have suggestions on how to improve our Service or can suggest new applications for it, please contact Dr. Kevin Pezzi. Please note that by doing so, You also grant Dr. Pezzi and third parties permission to use and incorporate your ideas or comments into our Service (or other IdeaTeem, Inc. products and services) without further compensation.

ADVERTISERS, VENDORS, AND THIRD PARTIES: Your correspondence, transactions or other dealings with advertisers, or other third parties available on or linked through PodcastDoc.com, including but not limited to payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser, partner, vendor or other third party. PodcastDoc.com does not endorse nor is PodcastDoc.com responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold PodcastDoc.com liable for any loss or damage incurred as the result of your participation with the advertisers, partners, vendors, or other third parties available on or through our Service, or as the result of any dealings with such parties, including but not limited to the purchase or use of goods or services offered on or through the PodcastDoc.com site.

INTELLECTUAL PROPERTY: All intellectual property rights in and to our Service are and shall be owned by PodcastDoc.com, absolutely. Those rights include, but are not limited to, database rights, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same; PodcastDoc.com waives no such rights, and expressly reserves the same. You may not copy, modify, publish, transmit, distribute, perform, display or sell any PodcastDoc.com material or information obtained from our Service. You agree not to duplicate, reproduce, copy, sell, trade, or exploit for any commercial purpose, any of our Services. You agree not to modify, adapt, sublicense, translate, or create derivative works based on our Service, in whole or in part. You agree not to reverse engineer, reverse assemble, decipher, decompile, or otherwise attempt to discover any source code used by PodcastDoc.com for the provision of our site or Services. You agree not to modify our software in any manner or form, or to use modified versions of our software, or to cause or enable others to do so. Our Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any modification, copying, reproduction, duplication, or creation of derivative works from, is prohibited. You may not copy, reproduce, duplicate, sell, or exploit for any purpose, any aspect of our Service.

PRIVACY: You agree to the terms and conditions of our Privacy Policy. If You are located outside of the United States, please note that the information that You provide is being sent to the United States. By using our Service, You consent to Your data being sent to the United States and to such other third parties that may be involved in the provision and operation of the Service.

USE OF MEDICAL OR OTHER INFORMATION: No liability is assumed with respect to the use of the information in this site. Medicine is an ever-changing science. The information presented is based upon my assessment of the current body of knowledge, but this base of information may change in the future. Hence, before instituting any of the measures presented you should consult with, and obtain the approval of, your physician or other qualified expert for the most current recommendations. No listing of information intended for the general population can attempt to treat specific individuals, so no material in this site should be construed as offering individual medical advice. It is impossible to practice medicine via the Internet, so I strongly encourage you to discuss with your doctor any information you obtain from me or other sources before you use that information. Given the innate variability of people, it is critical that your physician approves the adoption of any information herein contained as being safe and effective for you. A physician's circumspection is his—and your—greatest asset. To practice safe and optimally effective medicine, a physician must have a complete knowledge of his patient, including a current history, review of systems, past medical and surgical history, present and past medications, drug allergies and adverse reactions, social history, family history, physical examination, and knowledge of your current and past laboratory, x-ray, and other tests. By accessing this site, you understand and agree that no doctor-patient relationship is established between you and Dr. Pezzi. By accessing this site, you also understand and agree that Dr. Pezzi and IdeaTeem, Inc. have no responsibility or liability for what you do with the information provided.

DISCLAIMERS:

1. AS IS. PodcastDoc.com PROVIDES ITS SERVICE SOLELY ON AN "AS IS" BASIS.

2. NO WARRANTIES. PodcastDoc.com GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, DIRECTLY OR IN ANY OTHER COMMUNICATION WITH OUR REPRESENTATIVES, OR WITH PodcastDoc.com, DIRECTLY OR OTHERWISE, WITH RESPECT TO THE SERVICE.

3. EXPRESS DISCLAIMER OF IMPLIED WARRANTIES. PodcastDoc.com EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.

4. OTHER WARRANTIES. FURTHER, PodcastDoc.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. PodcastDoc.com DISCLAIMS LIABILITY FOR, AND MAKES NO WARRANTY WHATSOEVER, WITH RESPECT TO CONNECTIVITY AND AVAILABILITY.

5. NO WARRANTIES AS TO CONTENT. ANY MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED BY USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PodcastDoc.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

6. SOLE AND EXCLUSIVE REMEDY. IF YOU ARE DISSATISFIED WITH ANY PodcastDoc.com SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AT ANY TIME, NOW OR IN THE FUTURE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE UTILIZATION OF PodcastDoc.com SERVICE.

LIMITATION OF LIABILITY: IN NO EVENT WILL PodcastDoc.com BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PodcastDoc.com OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, OR ACCESS OUR SERVICE IN OR THROUGH SUCH A JURISDICTION, PodcastDoc.com EXPRESSLY INSISTS THAT YOU DO NOT USE ANY OF OUR SERVICES.

COMPLAINTS: To resolve a complaint regarding our Service, You should first contact Dr. Kevin Pezzi.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules and applicable laws regarding acceptable content, online conduct, and the transmission of data exported from the United States or the country in which you reside.

EXPORT/IMPORT CONTROLS: Use of our Services is subject to United States export controls and the import control laws of other countries. No use of our web site or Service is permitted by (1) a national or resident of Cuba, Libya, North Korea, Iran or Syria, or any national or resident of any other Country to which the U.S. has embargoed goods or (2) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISPUTE RESOLUTION: If there is any dispute involving PodcastDoc.com or our Service, You agree that the dispute will be governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of law provisions of Michigan or your actual state or country of residence. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

GENERAL: You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement. If any provision of the Agreement is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. The failure of PodcastDoc.com to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. These Terms of Service constitute the entire agreement between You and PodcastDoc.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by IdeaTeem, Inc. You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between us.