AGREEMENT BETWEEN USER AND ChronicPainSite.com
The ChronicPainSite.com Web Site is comprised of various Web pages
operated by ChronicPainSite.com.
The ChronicPainSite.com Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
ChronicPainSite.com Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE
TERMS OF USEChronicPainSite.com reserves the right to change
the terms, conditions, and notices under which the ChronicPainSite.com Web
Site is offered, including but not limited to the charges associated with
the use of the ChronicPainSite.com Web Site.
LINKS TO THIRD PARTY SITESThe ChronicPainSite.com Web Site
may contain links to other Web Sites ("Linked Sites"). The Linked Sites are
not under the control of ChronicPainSite.com and ChronicPainSite.com is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to
a Linked Site. ChronicPainSite.com is not responsible for webcasting or any
other form of transmission received from any Linked Site.
ChronicPainSite.com is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by
ChronicPainSite.com of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USEAs a
condition of your use of the ChronicPainSite.com Web Site, you warrant to
ChronicPainSite.com that you will not use the ChronicPainSite.com Web Site
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the ChronicPainSite.com Web Site in any manner
which could damage, disable, overburden, or impair the ChronicPainSite.com
Web Site or interfere with any other party's use and enjoyment of the
ChronicPainSite.com Web Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
or provided for through the ChronicPainSite.com Web Sites.
USE OF COMMUNICATION SERVICESThe
ChronicPainSite.com Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only
to post, send and receive messages and material that are proper and related
to the particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary
consents.
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows
such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
- Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ChronicPainSite.com has no obligation to monitor the Communication
Services. However, ChronicPainSite.com reserves the right to review
materials posted to a Communication Service and to remove any materials in
its sole discretion. ChronicPainSite.com reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
ChronicPainSite.com reserves the
right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole or
in part, in ChronicPainSite.com's sole discretion.
Always use caution
when giving out any personally identifying information about yourself or
your children in any Communication Service. ChronicPainSite.com does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, ChronicPainSite.com specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized ChronicPainSite.com spokespersons, and
their views do not necessarily reflect those of ChronicPainSite.com.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ChronicPainSite.com OR POSTED AT
ANY ChronicPainSite.com WEB SITE
ChronicPainSite.com does not
claim ownership of the materials you provide to ChronicPainSite.com
(including feedback and suggestions) or post, upload, input or submit to any
ChronicPainSite.com Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting ChronicPainSite.com, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of
your Submission, as provided herein. ChronicPainSite.com is under no
obligation to post or use any Submission you may provide and may remove any
Submission at any time in ChronicPainSite.com's sole discretion.
By
posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE ChronicPainSite.com WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. ChronicPainSite.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE ChronicPainSite.com WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE ChronicPainSite.com WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ChronicPainSite.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE ChronicPainSite.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. ChronicPainSite.com AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL ChronicPainSite.com AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ChronicPainSite.com WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE ChronicPainSite.com WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE ChronicPainSite.com WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE ChronicPainSite.com WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ChronicPainSite.com OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
ChronicPainSite.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ChronicPainSite.com WEB
SITE.
SERVICE CONTACT : JohnLug@hotmail.com
TERMINATION/ACCESS RESTRICTION
ChronicPainSite.com reserves the right, in its sole discretion, to terminate
your access to the ChronicPainSite.com Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum
extent permitted by law, this agreement is governed by the laws of the State
of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in Pima County, Arizona, U.S.A. in all disputes arising out
of or relating to the use of the ChronicPainSite.com Web Site. Use of the
ChronicPainSite.com Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
ChronicPainSite.com as a result of this agreement or use of the
ChronicPainSite.com Web Site. ChronicPainSite.com's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of ChronicPainSite.com's right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of the ChronicPainSite.com Web Site or
information provided to or gathered by ChronicPainSite.com with respect to
such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and ChronicPainSite.com with respect to the
ChronicPainSite.com Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and ChronicPainSite.com with respect to the ChronicPainSite.com Web
Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the ChronicPainSite.com Web Site are: Copyright
2008/9/10 by ChronicPainSite.com
Last Modified Mar 2010 and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies,
organizations, products, people and events depicted herein are fictitious.
No association with any real company, organization, product, person, or
event is intended or should be inferred.
Any rights not expressly
granted herein are reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
NO INFORMATION INCLUDED ON CHRONICPAINSITE.COM IS INTENDED AS MEDICAL
ADVICE, AND NO USER IS AUTHORIZED TO RELY ON ANY SUCH INFORMATION AS
CONSTITUTING MEDICAL ADVICE OR AS MADE TO ANY USER FOR THE PURPOSE OF
DIAGNOSIS OR TREATMENT OF A MEDICAL CONDITION.
ALL USERS ARE ADVISED TO RELY UPON THEIR RESEPCTIVE HEALTH-CARE
PROVIDERS FOR DIAGNOSIS AND TREATMENT ADVICE.