Terms of Use PodcastHealth

Last updated:  May 12, 2025

RadioMD, LLC (“RadioMD”) operates the PodcastHealth website located at www.podcasthealt.com (the “Website”).  Please read the following Terms of Use carefully before accessing or using the Website.

A. Applicability & Acceptance of These Terms of Use

By viewing, using, accessing, browsing, or submitting any content or material on or through the Website, you agree to these Terms of Use as a binding legal agreement between you and RadioMD, without limitation or qualification.  The term “you” or “You” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Website.

If you do not agree to these Terms of Use, then you may not use the Website. RadioMD reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Website shall be subject to the then-current Terms of Use, and continued use of the Website now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

B. User License

1. Scope.  RadioMD grants you permission (which may be revoked at any time for any reason or no reason) to: (i) view and search the Website and health-related podcasts contained on the Website,  (ii) stream and download podcasts on the website, (iii) sign up for the PodcastHealth email newsletter, and (iv) email, share via social networking or print individual pages from the Website in accordance with these Terms of Use and solely for your own personal, non-commercial use (collectively, the “Services”).  No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache without RadioMD’s prior written consent. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Website, except as specifically noted above. Except as specifically authorized in writing by RadioMD, you may not deep-link to the Website for any purpose or access the Website manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Website or any information, content, or material on the Website. RadioMD reserves all its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from RadioMD.   You may promote and share the Website and Website content via social networking technology reference on the Website.
2. Any rights not expressly granted herein are reserved.

2. User Conduct. RadioMD requires that all users of the Services conduct themselves with respect for others. Please observe the following rules in your use of the Services:

a) Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.

b) Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.

c) Children Under 13: Do not use the Website or the Services or submit content to or through the Website if you are under the age of 13.

d) Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

e) Commercial Activity: Do not use the Website to engage in commercial activities.

f) Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Services. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial-of-service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with other users of the Services.

g) Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way.  Do not violate the CAN-Spam Act of 2003.

h) Violations of Law: Do not violate any law.

C. Harm From Commercial Use.  You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that RadioMD will be entitled to temporary and permanent injunctive relief to prohibit such use.

D. Review & Removal of Material.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that any content posted by the Website infringes your copyright, you (or your agent) may send RadioMD a notice requesting that the material be removed from the Website(s) or access to it blocked. The notice must include the following information: 

1.  a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); 
3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow RadioMD to locate the material on the Website; 
4. the name, address, telephone number and email address (if available) of the complaining party; 
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and 
6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to info@PodcastHealth.com. RadioMD suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the right of access to the Website of any user who is a copyright infringer.

E. Proprietary Rights

You acknowledge and agree that the Website contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without prior, written permission of RadioMD.  All RadioMD Website content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Website are ©2025 RadioMD, all rights reserved.

F. Termination and Modifications to the Website  

RadioMD reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Website and/or Services offered on or through the Website (or any part thereof), including but not limited to the Website’ features, look and feel, and functional elements and related services.

G. Indemnity

You agree to indemnify and hold RadioMD, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Website, with any content you supply, with any alleged infringement of intellectual property or other right of any person or entity relating to the Website, your violation of these Terms of Use, and any other acts or omissions relating to the Website.

H. Disclaimer of Warranties  

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY RADIOMD, YOU, OTHER USERS OR OTHER THIRD PARTIES), INCLUDING WITHOUT LIMITATION, PODCASTS, STREAMING PROGRAMS, EXPERT BLOGS, ON-DEMAND VIDEOS, ARTICLES, RECIPES, OUR HEALTH AND WELLNESS NEWSLETTER, YOUR CONTENT, TEXT, PHOTOS, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RADIOMD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

I. Health And Wellness Advice Disclaimer

The Website and Services content provide general information relating to health and wellness and are not intended to constitute advice or specific recommendations relating to any particular person, ailment, disease or condition or otherwise substitute for a consultation with a qualified medical doctor. RadioMD encourages you to always seek the advice of your own doctor relating to any of your health concerns. RadioMD makes no representations or warranties as to the accuracy or reliability of the Website and Services content. The Website and Services content are provided on an “as is” basis. You should check other sources to ensure accuracy of information and should not rely on the information given here. Reliance on any information provided by RadioMD, RadioMD employees and agents, others appearing on the Website or in Services content or other visitors to the Website is solely at your own risk.  RadioMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or in Services content. 

If you think you may have a medical emergency, call your doctor or 911 immediately.

J. Limitation of Liability  

IN NO EVENT SHALL RADIOMD BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF RADIOMD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE.  RADIOMD ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. RADIOMD ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL RADIOMD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100.

YOU AND RADIOMD AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND RADIOMD AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.

K. Cancellation, Termination, Transfer, and Expiration of Services  

You may cancel your subscription to the Podcast Health newsletter at any time, upon providing written notice to RadioMD. If you cancel your subscription, your request will take effect as soon as the request is processed by RadioMD. Upon termination, your ability to receive the newsletter immediately ceases. Your notice to RadioMD of cancellation must be sent via email to info@PodcastHealth.com.

RadioMD, in its sole and absolute discretion, and at any time and with or without prior notice to you, may suspend, block, cancel, or terminate your account, and/or use of any Services provided on or through the Website for any reason whatsoever including and without limitation, due to lack of use, unauthorized commercial use, cybersquatting, in connection with RadioMD’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or RadioMD’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. In the event of a dispute or conflict among, or complaint from, users of the Website about another’s right to establish, use, or maintain an account or service on the Website, RadioMD reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

Upon cancellation or termination by either party, of your access, and/or use of any Services provided on or through the Website, you will have no right to any content you have provided, and RadioMD may temporarily or permanently block access to, remove, deactivate, delete, and discard all such content. RadioMD accepts no liability for removed or your content. In addition, any contracts (verbal, written, or assumed) with respect to your access, content, and/or use of any service on the Website, will be terminated at RadioMD’s discretion. You agree that RadioMD shall not be liable to you or any third-party for any termination of your access to any service.

Upon suspension, cancellation, or termination of your account or your use of any Service provided on or through the Website (for whatever reason), there shall be no money due to you from RadioMD.

L. Newsletter Subscription   

Subscription to the PodcastHealth newsletter requires that you sign up to receive the newsletter.  You must provide your name and email address, which RadioMD will use in accordance with the privacy policy.  In consideration of your subscription to the newsletter, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RadioMD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RadioMD has the right to suspend or terminate your subscription and refuse all current or future use of the Website or Services (or any portion thereof).  If you decide to terminate your subscription, please contact us at unsubscribe@PodcastHealth.com.

M. Links

As a courtesy to you, the Website offers links to the websites of advertisers featured on the Website and linked advertisements (“Links”). RadioMD is not responsible for the contents of any websites created and maintained by organizations independent of RadioMD.  Visiting any such third-party website is at your own risk. RadioMD has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by RadioMD. By using the Website, you acknowledge that RadioMD is responsible neither for the availability of, nor the content located on or through any third-party website pages.

N. Trademarks

RadioMD and PodcastHealth are trademarks of RadioMD. These trademarks (as well as other trademarks that RadioMD may use or register) and other logos, and names of RadioMD and PodcastHealth, used on or in connection with the Website may not be used in connection with any product or service that is not under RadioMD’s ownership or control.  Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits RadioMD. All other trademarks not owned by RadioMD (or its affiliates) that appear on the Website are the property of their respective owners.

O. Consideration  

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt or use of Services through the Website, the possibility of our review, use or display of your content, and the possibility of publicity and promotion from our review, use or display of your content.

P. Jurisdiction, Applicable Law, and Limitations  

This Website is created and controlled by RadioMD in the State of Illinois, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to its conflicts of law provisions. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.  RadioMD makes no claims or assurances that the Website is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with the Website, these Terms of Use, or Services available on or through the Website will be resolved individually, and without resort to class action.  Such legal proceedings must be filed in a federal or state court located in Chicago, Illinois, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Q. General  

1. Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
2. Entire Agreement. Except as expressly provided on the Website, these Terms of Use, which hereby incorporate by reference the terms of RadioMD’s Privacy Policy, constitute the entire agreement between you and RadioMD, superseding all prior agreements regarding the Website.
3. No Waiver. The failure of RadioMD to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
4. Headings and Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
5. Contact RadioMD.  For purposes of providing notice of cancellation or termination, contact us at  info@PodcastHealth.com.

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