PainEDU.org End-User Legal Agreement
Access to and use of this PainEDU.org website (also
referred to as “PainEDU.org” and “the
website”) is provided by Inflexxion, Inc. subject to the
following terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THIS
SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
User Information
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO ALL OF THE TERMS OF
USE AND PRIVACY POLICY SET FORTH BELOW. IF THERE ARE ANY TERMS
BELOW WHICH ARE UNACCEPTABLE TO YOU, YOU SHOULD TERMINATE THE
USE OF THIS SITE NOW.
The information provided on PainEDU.org is not medical advice
provided by a physician and is not a substitute for such advice.
Inflexxion, Inc. is not a health care provider. If the users of
PainEDU.org have any questions or concerns regarding their health
or any health problems, they should seek the advice of a licensed
physician.
For all purposes pertaining to PainEDU.org and these Terms of
Use, “PainEDU.org” and “the website” shall
include Inflexxion, Inc., and its successors, and their employees,
shareholders, principals, agents, and representatives, and any
third-party providers or sources of information or data contained
on the PainEDU.org website.
Please note that advertising is not accepted on this site.
Terms of Use
The information, scientific content, artwork, text, video, audio,
or pictures (collectively, "Materials") contained on
the PainEDU.org website are protected by copyright laws. You may
only access and use the Materials for personal or educational purposes.
You may not modify or use the Materials for any other purpose without
express written consent of Inflexxion, Inc. Except as provided
below, you may not reproduce, republish, post, transmit, or distribute
any Materials on the PainEDU.org website. You may print Materials
from the PainEDU.org website for personal or educational purposes
only, and you must include any copyright notice originally included
with the Materials in all copies. All media files on the PainEDU.org
website are protected by copyright laws. You may not, under any
circumstances, reproduce, record, publish, publicly exhibit, or
distribute any media files without express written consent of Inflexxion,
Inc. You may not attempt to "pass-off" any of the
content in PainEDU.org as your own work.
The PainEDU.org website is designed to provide Continuing Medical
Education (CME) content. The use of the content contained
on PainEDU.org for any other purpose is prohibited.
Changes to Website and These Terms and Conditions
Inflexxion, Inc. may change or discontinue any portion, feature
or content of PainEDU.org at any time with or without
notice. Further, Inflexxion, Inc. may at any time, with or
without
notice, restrict
the use and accessibility of the website as well as limit
the duration and amount of use made of the website.
Inflexxion, Inc. may change any of the terms and conditions
contained herein at any time. Changes will become effective
immediately
upon posting on the website. If you do not agree to the
changes, you
must cease use of the website. Continued use of the website
after the posting of said change(s) shall constitute
acceptance of
the modified Terms and Conditions.
Disclaimer
The sites linked from and to PainEDU.org are not under
the control of Inflexxion, Inc. and Inflexxion, Inc.
does not
assume any
responsibility or liability for any communications or
materials available at such
linked sites. Links on the painedu.org website are not
intended to be referrals or endorsements of the linked
entities, and
said links are provided for convenience only.
Disclaimer of Warranty
PAINEDU.ORG AND ALL INFORMATION, MATERIALS AND SOFTWARE
ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS.
THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION
OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS
OR WEBSITES FURNISHED TO USERS . PAINEDU.ORG AND INFLEXXION,
INC. EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING,
BUT
NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT
AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A
PARTICULAR
PURPOSE. IT IS INTENDED THAT THIS EXCLUSION OF IMPLIED
WARRANTIES
SHALL BE INTERPRETED AS BROADLY AS APPLICABLE LAW SHALL
ALLOW.
You understand and agree that use of the Website is
at the sole risk of the user. Inflexxion, Inc. does
not
warrant that the
PainEDU.org website will be uninterrupted or error
free; nor does it make any
warranty as to the results that may be obtained from
the use of the website, or as to the accuracy, reliability,
completeness,
or content of any information, software or merchandise
that may
be provided through the website. No statement, information
or advice,
whether made by Inflexxion, its employees or other
representatives or otherwise, shall be deemed to
be a warranty by Inflexxion,
Inc. for any purpose or give rise to any liability
of Inflexxion,
Inc.
whatsoever, and you agree that you will not rely
on any such statement, information or advice.
Where Inflexxion, Inc. is a distributor, rather than
a publisher of Materials accessible through PainEDU.org,
Inflexxion,
Inc. exercises no more editorial control over such
Materials than
does a typical
public library, bookstore or newsstand. The views
and opinions
expressed in such information do not necessarily
reflect those of Inflexxion, Inc. or its content
providers
or licensors. Neither
Inflexxion, Inc. nor its content providers or licensors
make any warranties or representations regarding
the accuracy, adequacy, truthfulness, completeness,
or
usefulness of
such
information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
INFLEXXION, INC. BE LIABLE TO ANY USER OR ANYONE
ELSE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES (INCLUDING
DAMAGES THAT ARISE FROM PERSONAL INJURY, LOSS OF
ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL
OF ANY KIND,
LOST PROFITS, LOSS
OF BUSINESS AND INJURY TO PROPERTY, EVEN IF INFLEXXION
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
THAT ARISE
IN CONNECTION
WITH OR RESULT FROM THE USE OF OR INABILITY TO
USE THE PAINEDU.ORG WEBSITE INCLUDING, BUT NOT LIMITED
TO, RELIANCE
ON ANY MATERIALS,
CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS
OBTAINED ON THE PAINEDU.ORG WEBSITE, OR MISTAKES,
OMISSIONS, INTERRUPTIONS,
COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL,
ERRORS, DEFECTS,
VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR
WEBSITES.
THIS
EXCLUSION OR
LIMITATION OF LIABILITY IS INTENDED TO BE AS BROAD
AS THE APPLICABLE LAW
WILL
ALLOW.
If, notwithstanding the foregoing, Inflexxion,
Inc. were to be held liable for damages, then
regardless of the
form of
action
(whether in contract, tort, breach of warranty
or
otherwise), in no event shall the maximum liability
of Inflexxion,
Inc. and the
parties described in the next sentence (hereinafter
referred to as the "Related Parties") exceed, either jointly
or severally, the aggregate dollar amount paid by the User
to Inflexxion, Inc.
in the twelve (12) months prior to the claimed injury or
damage. All of the provisions of this Section are also for
the benefit
of Inflexxion's directors, officers, shareholders, employees,
affiliates, agents, third-party content providers, licensors
and the like,
and anyone else involved in creating, producing or distributing
the Paineedu.org website, and each shall have the right to
assert and enforce the provisions directly on their own behalf.
The resources on other sites that can be accessed
with hypertext links from painedu.org are not
maintained by Inflexxion,
Inc. and Inflexxion, Inc. is not responsible
for the
availability or accuracy
of such sites or resources, or the content, advertising,
or products
on or available from such sites or resources.
The inclusion of any link on the website does
not imply
that Inflexxion,
Inc.
endorses the linked site. Such sites may be governed
by legal notices and
privacy policies, which differ from those of
the PainEDU.org website.
Privacy Policy
Your privacy on the Internet is important to
us. As a requirement for registration, we obtain
certain
types
of information
about PainEDU.org users. The following describes
this information, what we do with it, and how
to correct
or
change the information
if
you should desire to do so.
INFORMATION COLLECTED BY PAINEDU.ORG
PainEDU.org collects two types of information
from users: personal data (such as names and
e-mail
addresses); and
aggregated information
(such as information about traffic patterns
on www.painedu.org, for example, how many users
log into PainEDU.org
on a regular basis daily, weekly etc.).
PERSONAL DATA
Personal data is collected through the registration process and will be used for these purposes: (1) to accurately record information for purposes of obtaining CME or CEU credits, and (2) to record information which will allow Inflexxion, Inc. to aggregate that data in ways that may help us better understand our subscribers and their needs. Your personal data will not be sold, given away or used for selling purposes. We may use your Personal Information to provide you with information or email newsletters that you have requested, to correspond with you, and to improve the Site and our program offerings. We do not sell, rent or lease your Personal Information to third parties. We may share your Personal Information with third parties that perform services on our behalf in connection with the Site. We reserve the right to share your Personal Information with third parties if we determine, in our sole discretion, that such action is necessary: (a) to comply with legal requirements or with legal process served upon us, or (b) to protect the interests of Inflexxion, Inc.
AGGREGATED INFORMATION
Aggregated information is collected through
various methods: It may come from survey
information and/or site registrations,
and/or
IP addresses. An IP address is a number
that is automatically assigned to your computer
whenever
you're surfing
the Web. Web servers,
the computers that "serve up" web pages, automatically
identify this IP address, and when you request a page from
PainEDU.org, our servers log your IP address. PainEDU.org
collects IP addresses
for the purposes of system administration and to provide
aggregate data for customization.
PainEDU.org does not link IP addresses
to any personally identifiable information.
Although
your session
on PainEDU.org will be logged
through your username, this process will
serve to track your session information,
and collect
aggregated
information.
If this aggregated
information is published or transferred
to
any other person, it will be in an anonymous
format.
USE OF COOKIES
You will first access the PainEDU.org website
through a registration process and afterwards
a login (username
and
password). The
PainEDU.org website does use cookies
in a limited manner.
A cookie is a small data file that most
major websites write to your hard drive
for record-keeping
purposes
when you visit
them.
Cookies allow website managers to measure
activity on the site and to improve your
user experience,
for example,
by remembering
your passwords and viewing preferences,
thus allowing you
to visit various registered access parts
of the site without re-registering.
The first cookie is temporary and exists
only when you are logged into PainEDU.org.
It is
there for
security purposes, ensuring
that you have the right to be on
the site.
The second cookie exists to prohibit
you from getting more continuing
education credits than
those to
which you are
entitled.
The final cookie is temporary and
exists as a bookmark. It allows
you to keep
track of
your
history on
PainEDU.org.
These cookies are not created or
used to collect any information
(aggregate or personal)
about
you at any
time. These are
the only cookies that exist in
this website.
You may occasionally get cookies
from other sites, which is standard
in the
Internet
industry. PainEDU.org
does
not control these
cookies, and these cookies are
not subject to PainEDU.org privacy
policies.
LINKS TO OTHER SITES
It is important to note that
PainEDU.org may contain links
to sites other
than PainEDU.org, and that
those sites may
not follow
the
same privacy policies as PainEDU.org.
For instance,
if you click on a hyperlink
on PainEDU.org, this may take
you away
from PainEDU.org
and to an entirely different
site. This can include links
from advertisers,
content
providers,
and
others who may
use the PainEDU.org
logo, brand, and or style as
a result of a co-branding agreement.
These
sites may
send
their own cookies
to you, and may collect
and use data in ways that PainEDU.org
would not.
How to Reach Us
If you have concerns about the application of the privacy policy
we have described above, please Contact Us.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO ALL OF THE TERMS
OF USE AND PRIVACY POLICY SET FORTH BELOW. IF THERE ARE ANY TERMS
BELOW THAT ARE UNACCEPTABLE TO YOU, YOU SHOULD TERMINATE THE USE
OF THIS SITE NOW.
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