The Smartest Oncologist in America^SM ("SmartestDoc Service") is owned by, SmartestDoc, LLC.^TM ("SmartestDoc"), a Georgia Limited Liability Company, and operated by SmartestDoc LLC^TM or its third-party providers. The SmartestDoc^TM Service is provided subject to compliance with the terms and conditions of this Member Agreement ("Member Agreement").

Please read this Member Agreement carefully before accessing or using the SmartestDoc^TM Service. By accessing or using the SmartestDoc^TM Service, you agree to be bound by the terms and conditions set forth below, as if you had actually signed them.

If you do not agree to the terms and conditions set forth below, you may not use the SmartestDoc^TM Service. If you use the SmartestDoc^TM Service, you acknowledge and agree that this Member Agreement is a legally binding contract between you and SmartestDoc^TM. SmartestDoc^TM may modify the terms and conditions in this Member Agreement as described below. You agree to review the Member Agreement often to familiarize yourself with such modifications.

By completing the registration process, you become an authorized user of the SmartestDoc^TM Service (a "Member"). a. The SmartestDoc^TM Service is limited to individuals only; corporations or other business entities may not become Members.
b. The SmartestDoc^TM Service is limited to one account per individual, even if individual has multiple e-mail addresses.
c. Employees of SmartestDoc^TM, LLC and members of their household are not permitted to redeem Prizes ("Prizes") or SmartestDoc^TM points ("points").
d. Automated services, scripts, or other machines are not eligible. Members using automated services, scripts, or other processes to participate in SmartestDoc^TM surveys may have their accounts terminated at SmartestDoc's sole discretion.
e. Member must be 18 years of age or older to be eligible for the SmartestDoc^TM Service.
a. Equipment. In order to access and use the SmartestDoc^TM Service, Member needs computer equipment and telecommunications access necessary to connect to and access the Internet. Member must provide, at Member's own expense, all equipment, all services (including, where applicable, telephone service) and all related third-party service fees (such as ISP charges) necessary to access the SmartestDoc^TM Service and any future enhancements or additional services.
b. Registration Data. In consideration of use of the SmartestDoc^TM Service, Member agrees to provide to SmartestDoc^TM and its third-party partners true, accurate, current, and complete information as prompted by this Web site's online registration form (the "Registration Data") and agrees to maintain and promptly update the Registration Data as necessary in order to keep it true, accurate, current, and complete. If Member provides any information that is untrue, inaccurate, not current, or incomplete, SmartestDoc^TM may suspend or terminate Member's account immediately and may refuse Member all current or future use of the SmartestDoc^TM Service.
a. Member's Password & Account Access Rights & Responsibilities b. SmartestDoc's Password & Account Access Rights & Responsibilities a. Member agrees that title, ownership rights, and other intellectual property and proprietary rights in the SmartestDoc^TM Service shall remain in SmartestDoc^TM and/or its licensors and suppliers.
b. Member acknowledges that the content of this Web site and the SmartestDoc^TM Service - including but not limited to concept, text, sound, photographs, graphics, software or other material contained in either SmartestDoc^TM offerings, electronic mail communications, services or software - is copyrighted by SmartestDoc^TM and/or its licensors and suppliers under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by SmartestDoc^TM or its licensors and suppliers. Such content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of SmartestDoc^TM and its applicable licensors or suppliers, with the sole exception that one copy of any necessary software that may be provided by SmartestDoc^TM may be downloaded onto a single computer for Member's personal, noncommercial use. Member must abide by all copyright notices, information, or restrictions contained in or attached to any such content.
c. Member may use SmartestDoc’s content, questions, service or software only as expressly authorized by SmartestDoc^TM.
d. Member acknowledges and agrees that the SmartestDoc^TM Service and any necessary software provided by SmartestDoc^TM or other third-party partners and used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. SmartestDoc^TM grants Member a personal, nontransferable and nonexclusive right and license to use the object code of any such Software on a single computer and solely in connection with Member's use of this Web site and the SmartestDoc^TM Service; provided that Member does not (and does not allow any third party to) otherwise copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, rent, lease, loan, sublicense, grant a security interest in, or otherwise transfer any right in any such Software. Member agrees not to modify any such Software in any manner or form, or to use modified versions of any such Software, including (without limitation) for the purpose of obtaining unauthorized access to the SmartestDoc^TM Service. Member agrees not to access the SmartestDoc^TM Service by any means other than through the interface that is provided by SmartestDoc^TM for such use.
a. Member agrees not to use the SmartestDoc^TM Service or this Web site to: b. Member agrees to use only one (1) login account, with only one (1) email address.
c. Member agrees to refrain from sharing or exchanging quiz results or quiz answers with any other member.
a. This Member Agreement commences upon Member's completion of the registration process. This Member Agreement, and your account, may be terminated as follows: a. SmartestDoc^TM reserves the right to modify this Member Agreement at any time without prior notice. It is a Member's responsibility to review from time to time and stay familiar with this Member Agreement. While SmartestDoc^TM reserves this right, SmartestDoc^TM will attempt to notify Member of such changes via e-mail and/or by posting such changes on the SmartestDoc^TM Web site.
h. SmartestDoc^TM may discontinue, add to or revise any or all aspects of the SmartestDoc^TM Service in its sole discretion and without notice, including access to any support services, publications and other products or services ancillary to the SmartestDoc^TM Service or membership. Sponsors and Partners may be added, deleted, changed or modified at any time in SmartestDoc's sole discretion.
i. If Member objects to any changes, Member's sole recourse shall be to cease using the SmartestDoc^TM Service. Member's continuing use of the SmartestDoc^TM Service after notification of any such change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's agreement to be bound by such change(s).
j. Any new or additional features of the SmartestDoc^TM Service shall be subject to this Member Agreement.

a. Member agrees that use of the SmartestDoc^TM Service and this Web site is solely at the risk of the Member.
b. The SmartestDoc^TM Service and all services offered therein are provided on a strictly "as is" and "as available" basis, without representation or warranty of any kind.
c. SmartestDoc^TM expressly disclaims any and all express, implied and statutory warranties regarding the SmartestDoc^TM Service, information, services or goods provided by or through the SmartestDoc^TM Service (other than those incapable of exclusion under the laws applicable to this Member Agreement), including, but not limited to: d. SmartestDoc^TM cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by Clients, Sponsors, manufacturers of pharmaceutical products or suppliers of services.
e. No advice or information, whether oral or written, obtained by a Member from SmartestDoc^TM or via the SmartestDoc^TM Service shall create any warranty not expressly made herein.

a. Neither SmartestDoc^TM nor its officers, directors, stockholders, subsidiaries, employees, agents, licensors, affiliates, or other third-party providers shall be held liable for any damages or losses, whether direct, indirect, incidental, special, consequential or exemplary damages resulting from: b. The above limitation is applicable even if SmartestDoc^TM or its authorized representatives have been advised of (or know or should know of) the possibility of such damages.
c. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations and disclaimers may not apply to Member. Member's rights vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law. The provision by SmartestDoc^TM of a link to any other Web site or Internet location is for Member's convenience only and does not signify SmartestDoc’s endorsement of such other site or location or its contents. SmartestDoc^TM shall not be liable for any information, software or links found at any other Web site, Internet location or source of information, or for Member's use of such information, software or links.

Member agrees not to reproduce, duplicate, copy, barter, trade, auction, sell, resell or exploit for any commercial purposes, any portion of this Web site, the SmartestDoc^TM Service, use of the SmartestDoc^TM Service, SmartestDoc^TM, or access to the SmartestDoc^TM Service. The SmartestDoc^TM Service is provided for Member's personal, noncommercial use only.

Member agrees to indemnify and hold harmless SmartestDoc^TM and its subsidiaries, predecessors, successors, affiliates, officers, directors, employees, agents, licensors, suppliers, co-branders, third-party providers, Clients, Sponsors, or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by Member (or anyone acting under Member's account or password) of this Member Agreement or the use or misuse of the SmartestDoc^TM Service by Member (or anyone acting under Member's account or password), or the violation of any rights of another by Member (or anyone acting under Member's account or password).

Member acknowledges that SmartestDoc^TM may establish general practices and limits concerning use of the SmartestDoc^TM Service, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the SmartestDoc^TM Service, the maximum disk space that will be allotted on SmartestDoc^TM servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the SmartestDoc^TM Service in a given period of time. Member acknowledges that SmartestDoc^TM reserves the right to terminate accounts that are inactive for 12 months or longer, as defined inactive by SmartestDoc^TM in its sole discretion. Member further acknowledges that SmartestDoc^TM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that SmartestDoc^TM has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the SmartestDoc^TM Service.

SmartestDoc^TM and the SmartestDoc^TM logo are trademarks of SmartestDoc LLC. Other SmartestDoc^TM trademarks, as well as any third-party trademarks, service marks, logos and trade names appearing on this Web site or on or through the SmartestDoc^TM Service, are the property of their respective owners.