PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, DOWNLOADING OR USING THE SERVICE. BY ACCESSING, DOWNLOADING OR USING THE SERVICE, YOU WILL BE BOUND BY THESE TERMS.
BY SELECTING THE “YES” OR “DOWNLOAD” OR “SUBSCRIBE” BUTTON, YOU CONSENT TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN SELECT THE “NO” BUTTON OR DO NOT ACCESS THE SERVICE.
YOU MAY NOT USE THE SERVICE IF: (A) YOU CANNOT ENTER INTO A BINDING CONTRACT WITH COMPANY; (B) YOU ARE NOT ALLOWED TO RECEIVE PRODUCTS, INCLUDING SERVICES OR SOFTWARE, FROM THE UNITED STATES; OR (C) YOU HAVE PREVIOUSLY BEEN BANNED FROM USING THE SERVICE.
1. THE SERVICE
(a) General Description. The Service provides you with (i) information and materials concerning chronic pain; (ii) the ability to connect with coaches, therapists, or other clinicians; and (iii) the ability to store data about your condition or health. The data and information you store in the Service is referenced as the “User Content”. We do not actively monitor your User Content nor will we have any obligation to respond to health or other issues raised or set forth in your User Content.
(b) No Medical Advice. The Site and Service do not include or represent the provision of medical advice by the Company. The Company does not offer medical advice or diagnoses or engage in the practice of medicine or any other professional service. Information and materials provided to you by us through the Service are solely for informational purposes only and are not intended to be, and do not constitute, a substitute for professional medical advice, diagnosis or treatment. You should seek the advice of your physician or other qualified medical professional if you have any questions or concerns regarding your medical condition, the use of any medication or medical device, your general or overall health, or any other concern or issue related to your personal wellbeing. If you engage with, receive advice from, or otherwise interact with a physician or other qualified medical professional through the Service, such professional will be solely liable and responsible for any advice, care or assistance provided.
(c) No Emergency Services. The Service is for non-emergency purposes only. You should not attempt to access emergency care through the Services. If at any time you are concerned about your care or treat or think you are having an emergency, call 911 or use another appropriate means to access emergency services. The Services is not intended to, nor does it, establish or facilitate connections to emergency services, law enforcement, or any other kind of emergency or time sensitive service. If you are considering or committing an action that endangers your well-being, contact 911, contact a support service, or notify the police or other emergency service.
(e) Acceptance of These Terms. You affirm that you are at least 18 years of age or older, By accepting these terms, you affirm that you are fully able and competent to enter into and abide by all of the terms and conditions set forth in these Terms.
(f) Limitations. The license granted to you is subject to the following limitations. You shall not nor permit any other person to:
(i) in whole or in part, (1) modify, translate or create any derivative work of the Service, including any Company Content (defined below) or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Service;
(ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends displayed in the Service, including in any Company Content;
(iii) sell, grant a security interest in or transfer reproductions of any Company Content or any part thereof for any purposes in any way not expressly authorized herein;
(iv) assign, rent, lease, distribute or license any Company Content or any part of the Service to others; or
(v) exploit the Service, including any Company Content or any of its parts, for any commercial purpose.
2. IP OWNERSHIP
(a) Company Content. The Company shall retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Service (including past, present and future versions) (excluding User Content), including, without limitation: art, icons, graphics, layout, text, images, audio and/or video, designs, features, advertisements, logos, domain names, trade names and marks, and service marks, any and all copyrightable material, the “look and feel”, the compilation, assembly and arrangement of the materials of the Service, and all other materials or content made available in the Service (collectively, “Company Content”) and any such Company Content is protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
(b) Trademarks. All words and logos in the Site and Service marked by the ™ or ® symbols are trademarks and service marks of the Company. All rights are reserved. All other trademarks and service marks appearing in the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these Terms is strictly prohibited.
(c) No Additional Rights. Only those licenses expressly set forth in these Terms are granted. No other licenses are granted under these Terms, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these Terms is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these Terms, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.
(d) User Content. All User Content shall be your sole and exclusive property.
3. ACCOUNT, FEES, BILLING METHODS AND TERMINATION
You are solely responsible for all activity on or related to your Account, your User Content, and for the security of your computer, mobile device, and any other device that you use to access the Service. You should not reveal your Account password to other users or permit others to access your Account. All acts performed using your Account (including User Content) shall be deemed to be your acts. You shall promptly notify the Company of any changes to your Account information or if such information has been disclosed to a third party in violation of these Terms. You shall solely be responsible for any harm or liability that arises from any improper third party disclosure and/or use (including unauthorized third party use) of your Account (including User Content). If there is a risk of your Account (including User Content) being improperly used by a third party, you shall promptly take all reasonable measures to limit such use, including, without limitation by changing your password and notifying the Company. Under no circumstances shall the Company be liable to you for any loss you incur, including from the loss of your User Content, from your loss of any Account information (including user name, user ID or password), unauthorized access or use of your Account and/or from harmful or malicious code.
(b) Fees. You may create an Account, and access and use the Service without paying any registration or subscription fees. However, the Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to fees and charges, and post those changes in the Service. Such modifications, amendments or supplements shall be effective immediately upon posting in the Service. If any change is unacceptable to you, your sole remedy is to cancel your Account and cease using the Service. If applicable, all fees and charges are non-refundable unless expressly provided otherwise in these Terms or pursuant to applicable law. The Company will not refund or issue any written receipts for any fees or charges you pay in connection with the Service.
You must procure, provide and bear the expense for all equipment, software and other technologies and data access plans necessary to access the Service, including, a personal computer or mobile device suitable to connect with the Service and an internet connection.
(c) Termination. You have the right to terminate your Account and/or cease accessing and using the Service at any time by following the procedures continued in the Service. You understand and agree that unless otherwise expressly provided for in these Terms, terminating your Account and ceasing access and use of the Service are your sole right and remedy with respect to any dispute.
We reserve the right to stop offering and/or supporting the Service at any time for any valid commercial reason, at which time your license to access and use the Service will automatically be terminated without further action.
You understand and acknowledge that we are not responsible for notifying your Sponsor or any other third party of any termination, suspension, or cessation of your use of your Account or the Services. You understand that your Sponsor and any other third party may not receive any notice of such termination, suspension or cessation and it is your sole responsibility to provide all such notifications to your Sponsor or any other third party.
You agree that you will be personally responsible for your access and use of the Service and for all of your User Content and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, suppliers, partners, affiliates and their respective employees, officers, directors and agents (collectively, “Company Affiliates”) from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, from third parties arising from such use, User Content and activity. Specifically, you will comply with these Terms, all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:
1. Post, transmit, promote, distribute or provide links to illegal content.
2. Post, transmit, promote, distribute or provide links to illegal content.
3. Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user or any Company Affiliate.
4. Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.
5. Infringe upon the intellectual property rights of the Company or any third party.
6. Alter, delete or cancel any other user’s profile information or User Content.
7. Disrupt the flow of chat in chat rooms, forum or other communication areas within the Service with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting, using ALL CAPS in an attempt to disturb other users, “spamming” or flooding or posting repetitive text.
8. Impersonate another person, indicate that you are a Company Affiliate, or attempt to mislead users by indicating that you represent Company or any Company Affiliate.
9. Use any robot, spider, scraper, or other automated means (other than in accordance with these Terms and any Additional Terms) to access the Service for any purpose without our express written permission or bypass measures we may use to prevent or restrict access to the Service.
10. Attempt to get a user ID, password, or other user information, or any other private information from a user. Company employees will NEVER ask for your password. DO NOT give your password, secret answers, or billing information out to anyone.
Upload any content, including User Content that you do not own or have the right to license to the Company in accordance with these Terms.
(k) Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft.
(l) Upload User Content or display URLs that contain harmful or malicious code or corrupted data.
(m) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, direct marketing, multi-level marketing programs and pyramid schemes.
(n) Make any commercial use of the Service, including using the Service as an Internet dating service website, use at a cyber café or any other location-based site.
(o) Improperly use support or complaint buttons or make false reports to Company.
(p) Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
(q) Modify, reproduce, distribute, delete or create derivative works of the Service, Company Content or any other users’ User Content displayed in the Service, or any component of such data or information.
(r) Solicit or attempt to solicit, and post, distribute or communicate any user’s personal information.
(s) Interfere with, hack into or decipher any transmissions to or from the servers running the Service.
(t) Exploit any bug in the Service or in any Company product to exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party.
(u) Do anything that interferes with the ability of other users to enjoy the Service or that materially increases the expense or difficulty of Company in maintaining the Service for the enjoyment of all its users.
(v) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms, including, without limitation, gain unauthorized access to any Company Content and other users’ User Content.
(x) Engage in any other conduct which the Company, in its sole and absolute discretion, deems to violate these Terms.
If you encounter another user who is violating any of the items described in the Conduct list above, please email us at firstname.lastname@example.org.
5. THIRD PARTY CONNECTIONS
In using the Service, you consent to the disclosure and use of all of your User Content and other information collected by us to your Sponsor and for your Sponsor to: (i) access all of the User Content that you post into the Service, (ii) send you communications or other messages through the Service, or (iii) engage in other benefits that may be made available through the Service from time to time. You are solely responsible for all User Content and acknowledge that Company cannot and does not oversee how the Sponsor or any other third party uses your User Content or interacts with you. You are solely responsible for any act or omission that you take in response to any interaction with your Sponsor or a third party.
6. CHANGES TO TERMS
The Company may, from time to time, modify, amend, or supplement these Terms and post those changes on the Terms page. Such modifications or supplements shall be effective immediately upon posting in the Service. You are responsible for periodically checking the Service for changes to the Terms. You can determine when the Terms were last revised by referring to the “Effective Date” legend at the bottom of these Terms. If you do not agree to be bound by (or cannot comply with) the Terms as modified or supplemented, you should stop using the Site and Service. Your continued access and use of the Site and Service constitutes your agreement to be bound by the modified Terms.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND INTERNET IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES THAT RESULTS (DIRECTLY OR INDIRECTLY) FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL ANY COMPANY AFFILIATE’S LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$100 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE. FURTHERMORE, IN NO CASE SHALL THE COMPANY AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICE, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION OR THE LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SPECIFICALLY, WE ARE NO LIABLE TO YOU FOR ANY DAMAGE CAUSED BY THE ACTIONS OF ANY MEDICAL PROFESSIONAL OR ANY OTHER THIRD PARTY.
9.ASSUMPTION OF RISK
The Service is designed to provide you with health related information based upon your inputs to the Service and as interactions are recorded through the Service. The Service and any data supplied to you by the Company is not, nor a substitute for, appropriate professional advice. By granting you the right to use the Service, the Company does not assume any obligation or liability with respect to your health, physical condition, or mental condition. In no event will the Company be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with or arising from your use of the Service or any activity that you undertake in connection with your use of the Service. You are solely responsible for your use of the Services and your health and medical condition and treatment. The Company will not be liable for any unauthorized disclosure of your personal information due to your own actions or omissions or that of your physician or other healthcare professional.
For the convenience of our users, the Service may provide certain links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites linked to or from the Service. If you follow any such links, you leave the Service and you do so entirely at your own risk. The Company provides links from the Service solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES, LIABILITIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY SUCH THIRD PARTIES.
11. GOVERNING LAW
12. INJUNCTIVE RELIEF
You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).
13. VOID WHERE PROHIBITED
14. COMPLAINTS, NOTICE AND CONTACT INFORMATION
The Company takes claims of infringement of intellectual property rights and violation of rights including rights of privacy or publicity very seriously. If you believe that any of the material that is or was in the Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please email us at [insert email address].
The Service may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Service as well as end-user, end-use and destination restrictions issued by national governments. The Company is making the Service available to you on the condition that you certify that the use of the Service is not otherwise in violation of any applicable export control and sanctions regulations.
If you have any questions, complaints, or comments regarding these Terms, or have other questions or suggestions about the Service, please email us at [insert email address].
Effective Date: 23.January, 2020