Pain Resource Terms of Website Use Disclaimer
Use of this site signifies your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
PainResource may revise and update these Terms and Conditions at any time. Your continued usage of the PainResource website (“PainResource Site,” or the “Site,”) will mean you accept those changes.
The content of this website is provided for general entertainment purposes only, and is not intended as, nor should it be considered a substitute for, professional medical advice. Do not use the information on this website for diagnosing or treating any medical or health condition. Medical professionals, including doctors, cannot be held responsible for the content that they submit to this site, nor any information that was signed with their name. If you have or suspect you have a medical problem, promptly contact your professional healthcare provider.
If you think you may have a medical emergency, call your doctor or 911 immediately. PainResource does not recommend or endorse any physicians, medical professionals, procedures, specific tests, products, opinions, or other information contained on the Site. Reliance on any information provided by PainResource, PainResource employees, others appearing on the Site at the invitation of PainResource, or other visitors to the Site is solely at your own risk.
Disclaimer of Warranty
Pain Resource makes no warranties of any kind regarding, but not limited to, the accuracy, completeness, timeliness or reliability of this website’s content. Some information herein may cite the use of a product in a dosage, for an indication, or in a manner other than that recommended in the product labeling. Accordingly, any product’s official prescribing information should be consulted before any such product is used.
Liability of PainResource and Its Licensors
You agree to hold harmless Pain Resource, its affiliates and/or parent compan(ies), and their officers, directors, employees and volunteers, from all claims relating to this website, and any website to which it is linked.
The use of the PainResource Site and the Content is at your own risk.
When using the PainResource Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PainResource and its suppliers. Accordingly, PainResource assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the PainResource Site.
The PainResource Site and the content are provided on an “as is” basis. Pain Resource, to the fullest extent permitted by law, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights and fitness for particular purpose. Without limiting the preceding, PainResource, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the PainResource Site or PainResource.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools about the Content contained on the PainResource Site.
In no event shall PainResource, its licensors, its suppliers, or any third parties mentioned on the PainResource Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the PainResource Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PainResource or any third parties mentioned on the PainResource Site are advised of the possibility of such damages. PainResource or any third parties mentioned on the PainResource Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. PainResource or any third parties mentioned on the PainResource Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Third Party Sites
Pain Resource may have provided links to Internet sites maintained by third parties, over which Pain Resource has no control. Pain Resource and its service providers do not endorse the content, operators, products or services of such sites, and is not responsible or liable for the services or other materials on or available from such sites. Pain Resource shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, or products or services available on or through such sites.
Usage of Content
Unless noted otherwise, all information contained on this website, such as text, graphics, logos, icons and images is copyrighted by and property of Pain Resource, or of their respective owner(s) for certain photos/graphics or written content posted by users, and may not be copied, altered, stored or otherwise used in whole or part without the express consent of Pain Resource, or of the individual content owner(s). The user may make one copy of the content of any page of this website for personal and non-commercial use, which does not harm the reputation of Pain Resource, provided the user does not remove any trademarks or copyrights, and does not alter content.
The Site contains functionality (including blogs, forums, postings, user reviews, etc.) that allows users to upload content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to PainResource by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to PainResource by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to PainResource by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-PainResource a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. PainResource may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to PainResource by email. We try to answer every email promptly but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree only to post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to Pain Resource a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Pain Resource to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Pain Resource and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
Pain Resource reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
- Pain Resource has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Pain Resource passwords or accounts. It is your sole responsibility to control the dissemination and use of sign-in name, screen name and passwords.
- Authorize, monitor, and control access to and use of your Pain Resource account and password.
- Promptly inform Pain Resource if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the “Contact Us” links located at the bottom of every page of our site. You grant Pain Resource and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Pain Resource cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Pain Resource tools and services.
If you use a Public Area, such as message boards, user groups, blogs, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Pain Resource is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws.
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others.
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Pain Resource in its sole discretion.
- Posting advertisements or solicitations of business.
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
- Posting chain letters or pyramid schemes.
- Impersonating another person.
- Distributing viruses or other harmful computer code.
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments.
- Allowing any other person or entity to use your identification for posting or viewing comments.
- Posting the same note more than once or “spamming”.
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Pain Resource, exposes Pain Resource or any of its customers or suppliers to any liability or detriment of any type.
Pain Resource Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all Public Areas and/or the Pain Resource Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the Pain Resource Site, regardless of whether such communication(s) violate these standards.
Pain Resource or its licensors have no liability or responsibility to users of the Pain Resource Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
Pain Resource may provide links to third-party websites. Pain Resource also may select certain sites as priority responses to search terms you enter and Pain Resource may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Pain Resource does not recommend and does not endorse the content on any third-party websites. Pain Resource is not responsible for the content of linked third-party sites, sites framed within the Pain Resource Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Pain Resource does not endorse any product, service, or treatment advertised on the Pain Resource Site. For more information, read our Advertising Policy and our Sponsor Policy.
Pain Resource is based in Tampa, Florida. Pain Resource makes no claims that Pain Resource, Pain Resource Health Manager, or any Site within the Pain Resource Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Pain Resource Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with Pain Resource, or in any way relating to your use of the Pain Resource Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving Pain Resource or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Pain Resource’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good-faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Pain Resource’s agent for copyright issues relating to this website is as follows:
201North Franklin Blvd.
Tampa, FL 33602
To protect the rights of copyright owners, Pain Resource maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Pain Resource encourages and permits text links to content on any Pain Resource-related website, provided: (a) the purpose of the link must not be to damage the reputation of Pain Resource and its service providers, (b) the appearance of the link must not create a false appearance that any entity other than Pain Resource is associated with any other business entity, (b) when activated, the link must open in full-screen, and not as a framed “pop-up” on the linked website; and (d) Pain Resource reserves the right to revoke consent to any link and any time at its sole discretion by amending this User Agreement.
Please direct any questions or comments regarding this website, including any reports of non-functioning links, through our Contact Us Form or via U.S. mail to:
Pain Resource, 201 North Franklin St.
Tampa FL, 33602
We do our best to answer every email promptly, but due to volume may not always be able to do so.
If you have any questions or concerns in regards to this website, contact us at [email protected]