Site Privacy & Terms of Use
This Web site is not a substitute for professional medical advice. Materials available through this Web site are for informational purposes only. You should contact your physician if you have any questions about your medical condition, or if you need medical help.
If you need emergency medical help, you should immediately call 911 or your physician. The materials on this Website are intended for the education of and use of adults only, and are not intended for presentation directly to children.
Legal Terms and Conditions
1. Acceptance of Terms
Spinal Pain Specialists ("SPS") provides access
to this web site (the "Site") subject to the
acceptance of this User Agreement ("Agreement")
by all persons accessing, browsing, or otherwise using
the Spinal Pain Specialists Site ("User" or "you").
This Agreement may be updated by SPS from time to time
without prior notice to you. SPS encourages you to review
this Agreement periodically for any updates or changes.
By accessing or using the Site, you agree to be bound
by the terms of this Agreement, as revised. When using
a particular feature of the Site, you may also be subject
to any posted guidelines, rules, terms of service, codes
of conduct or other contractual provision as noted. In
the event of a conflict between any other agreement,
rule, or terms of service and this Agreement, the provisions
of this Agreement shall govern. If you have any questions
about this Agreement please contact SPS at info@spinalpainspecialists.com
before using the Site.
2. Disclaimer
The contents of the Site, such as text, graphics, photographs,
software and other material (the "Content"),
is presented for informational purposes only. SPS
will use reasonable efforts to include up-to-date
and accurate information in this Site, but makes
no representations, warranties, or assurances as
to the accuracy, currency or completeness of the
Content provided, including third party information,
such as, but not limited to, press releases, articles,
or information from third-party web sites linked
to or from this Site. YOU SHOULD NOT RELY ON ANYTHING
CONTAINED ON THE SITE TO SUGGEST A COURSE OF TREATMENT
FOR ANY MEDICAL CONDITION. THE CONTENT CANNOT SUBSTITUTE
FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED
HEALTH PROVIDER. IF YOU HAVE OR SUSPECT THAT YOU
HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR HEALTH
CARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL
ADVICE, AVOID OR DELAY VISITING A MEDICAL PROFESSIONAL,
OR DEVIATE FROM ANY TREATMENT PROGRAM PRESCRIBED
OR OTHERWISE RECOMMENDED TO YOU BY YOUR PHYSICIAN
OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE OF SOMETHING
YOU HAVE READ ON THE SITE. YOU SHOULD READ CAREFULLY
ALL PRODUCT PACKAGING.
3. No Endorsement of Links to Other Web Sites
Any links to other sites are provided as merely a convenience
to you. This Site may provide links or references
to other sites but SPS has not reviewed all of these
other sites, has no responsibility for the content
of such other sites and shall not be liable for any
damages or injury arising from the content from these
other sites. You understand that, except for information,
products or services clearly identified as being
supplied by SPS, SPS does not operate, control or
endorse any information, products or services on
the Internet in any way. SPS does not endorse or
make any representations about these sites, or any
information or other products or materials found
on these sites, or any results that may be obtained
from using these sites. If you decide to access any
of these other sites linked to this Site, you do
so entirely at your own risk.
4. Privacy
You agree that you have read and understand the terms
of SPS's privacy policy. You acknowledge that the Site
may link to other sites not controlled by SPS and that
the collection of your data by these sites is outside
the scope of SPS's control.
5. Use of the Site
You also understand that SPS cannot and does not guarantee
or warrant that files available for downloading from
the Site will be free of infection or viruses, worms,
Trojan horses, time bombs, cancelbots or other computer
programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information
(collectively, "Hazards"). You are responsible
for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means
external to the Site for the reconstruction of any
lost data.
6. System Integrity
You may not use any device, software or routine to
interfere with the proper working of the Site. You
may not take any action that imposes an unreasonable
burden upon the infrastructure used to support the
efficient operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or
other information that you provide to SPS in connection
with the use of the Site: (a) shall not be obscene
or indecent; (b) shall not contain any Hazards; (c)
shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights
or rights of publicity or privacy; (d) shall not
be defamatory, libelous, unlawfully threatening or
unlawfully harassing; and (e) shall not create any
liability for SPS or cause SPS to lose (in whole
or in part) the services of its Internet Service
Provider(s) or other suppliers. Users shall comply
will all applicable laws, statutes, ordinances and
regulations regarding use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND
AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE
MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD
PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH
IS SOLELY YOURS.
9. NO WARRANTIES
SPS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE,
THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE
SITE OR ON THE INTERNET GENERALLY, AND SPS SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR
USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH
THE SITE OR ON THE INTERNET GENERALLY. SPS DOES NOT
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE
SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
10. System Outages
SPS periodically schedules system downtime for maintenance
and other purposes. Unplanned system outages may
also occur. SPS shall have no liability whatsoever
for the resulting unavailability of the Site or for
any loss of data or transactions caused by planned
or unplanned system outages or the resultant delay,
misdelivery or nondelivery of information caused
by such system outages, or any third party acts or
any other outages of web host providers or the Internet
infrastructure and network external to the Site.
11. Indemnification
You agree to indemnify, defend and hold SPS and its
affiliates, officers, directors, employees and agents
harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of
any kind (including attorney's fees) resulting from
(i) your use, misuse or abuse of the Site, or (ii)
your breach of any provision of this Agreement. You
will cooperate as fully as reasonably required in
SPS's defense of any claim. SPS reserves the right,
at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, and you shall not in any event settle any
matter without the written consent of SPS.
12. Intellectual Property
The Content is the property of SPS and/or its affiliates
or partners, and is protected by federal and international
copyright and trademark laws, or other proprietary
rights. These rights are protected in all forms,
media and technologies existing now or hereinafter
developed. You may print and download portions of
material from the different areas of the Site solely
for your own non-commercial use. No portion of the
Content may be reprinted, republished, modified,
or distributed in any form without the express written
permission of SPS. You may not, and this Agreement
does not give you permission to, reproduce, reverse
engineer, decompile, disassemble, modify, transmit,
sell, distribute, license or create derivative works
with respect to the Site. Certain Content may be
licensed from third parties and all such third party
Content and all intellectual property rights related
to the Content belong to the respective third parties.
You may not remove any copyright, trademark or other
intellectual property or proprietary notice or legend
contained on the Site or the Content. Any rights
not expressly granted by this Agreement or any applicable
end-user license agreements are reserved by SPS.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in
accordance with the laws of the State of California,
exclusive of its choice of law rules and matters
affecting copyrights, trademarks and patents under
United States federal law.
You hereby irrevocably and unconditionally consent
to submit to the exclusive jurisdiction of the courts
of the State of California and of the United States
of America located in the State of California for any
litigation or disputes arising out of or relating to
use of the Site and not to commence any litigation
relating thereto except in such courts. You hereby
irrevocably and unconditionally waive any objection
to the establishment of venue of any such litigation
in the California Courts and agree not to plead or
claim in any California Court that such litigation
brought therein has been brought in an inconvenient
forum.
14. International Users
SPS makes no claims that the Content is appropriate
or may be downloaded outside of the United States.
Access to the Content may not be legal in certain
countries or for certain persons. If you access the
Site from outside of the United States, you do so
at your own risk and are responsible for compliance
with the laws of your jurisdiction.
15. Severability
In the event that one or more portions of this Agreement
shall, for any reason, be held to be invalid, illegal
or unenforceable in any respect, such validity, illegality
or unenforcability shall not affect any other provision
contained in this Agreement.
16. Headings
The headings used throughout this Agreement are solely
for the convenience of reference and are not to be
used as an aid in the interpretation of this Agreement.
17. No Waiver
Any delay or failure by you or SPS, at any time or
times, to require performance of any provision hereof
shall in no manner affect your or SPS's right at
a later time to enforce such provision. No delay
or failure of you or SPS in exercising any right
hereunder shall constitute a waiver of such right
or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated
by reference constitute the entire agreement between
SPS and you pertaining to the subject matter hereof.
In its sole discretion, SPS may unilaterally amend
or modify this Agreement or any other documents referenced
herein at any time by posting on the Site. Any amended
or modified terms will be effective upon posting. Continued
use of the Site constitutes acceptance of any modified
terms and conditions. If you have any questions about
this Agreement, contact SPS at info@spinalpainspecialists.com.
19. Assignment
You may not assign your rights or delegate your responsibilities
hereunder without the express written permission
of SPS. SPS may, at any time, assign its rights or
delegate its obligations hereunder without notice
to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement is intended
to be a beneficiary of this Agreement, and no person
not a party to this Agreement shall have any right
to enforce any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SPS OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING
THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS
OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SPS HAS BEEN ADVISED OF THE POSSIBLITY
OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF
OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING
FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED
OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V)
ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY
ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL
CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH
THE SITE. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
22. Accurate Information
In consideration of your use of the Site, you agree
to: (a) provide true, accurate, and current and complete
information as prompted on the Site; and (b) maintain
and update such information to keep it true, accurate,
current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or SPS has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
SPS may suspend or terminate your use of the service
and/or decline to permit your continued use of the
Site and future access to the Site.
23. Feedback
Should you respond to the Site by providing feedback,
such as questions, requests, opinions, comments,
suggestions, ideas, or the like, such information
shall be deemed to be the property of SPS. SPS shall
have no obligation of any kind to the User with respect
to such information and shall be free to reproduce,
use, disclose and distribute the information to others
without limitation and without license. SPS shall
be free to use any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever.
NOTICE TO CONSUMERS |