Please note that we offer the BackPainSources.COM properties “AS IS” and without warranties.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) provided to you on BackPainSources.COM properties (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
You may use Back Pain Sources properties free of charge for your personal, non-commercial use only.
You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of BackPainSources.COM properties nor transfer to or store any data residing or exchanged over BackPainSources.COM properties in any electronic network for use by more than one user unless you obtain prior written permission from BackPainSources.COM. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from BackPainSources.COM properties.
For any images, text, data or other information (referred to here as “Content”) you submit to BackPainSources.COM properties (including profile information, Facebook Group posts, blog posts, comment areas, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to BackPainSources.COM, and anyone authorized by BackPainSources.COM, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of BackPainSources.COM properties and/or services provided. You also grant to each user of BackPainSources.COM properties a non-exclusive license to access the Content through BackPainSources.COM properties and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of BackPainSources.COM properties and under this Agreement.
For any content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity. You will not post content on BackPainSources.COM properties, you do not own without permission of the owner of the content, including written, photographic, music and video formats.
We Do Not Provide Medical Advice
The Information that you obtain or receive from BackPainSources.COM, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on BackPainSources.COM properties is for informational purposes only. All published medically related information is reviewed by independent health care professionals and organizations working in conjunction with BackPainSources.COM. All information is (i) provided by independent health care professionals and organizations, (ii) for informational purposes only, and (iii) do not establish any patient/doctor relationship.
THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM/OR PROVIDED THROUGH BACKPAINSOURCES.COM, LLC IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR SITES. DO NOT USE OUR SITES FOR EMERGENCY MEDICAL NEEDS.
IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911.
YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, doctors, health care providers, procedures, opinions, or other information that may appear on BackPainSources.COM properties. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
No Doctor-Patient Relationship
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF OUR SITES OR THROUGH ANY OTHER COMMUNICATIONS FROM BACKPAINSOURCES.COM, LLC INCLUDING, BUT NOT LIMITED TO, THE “FIND A PROVIDER” AND/OR LINKS TO OTHER BACKPAINSOURCES.COM PROPERTIES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.
WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, AND QUALITY OF WORK OR OTHER INFORMATION HEREIN. Furthermore, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. BACKPAINSOURCES.COM, LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
- You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor, or other health care provider (“Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.
- BackPainSources.COM has no control over, and cannot guarantee the availability of any Provider at any particular time. BackPainSources.COM will not be liable for canceled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever.
Important Information about BackPainSources.COM Provider Listings
In connection with using BackPainSources.COM properties to locate and schedule appointments with medical professionals, by using BackPainSources.COM, services you understand and agree to the following:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.
- BackPainSources.COM lists Providers on our sites pursuant to a contractual agreement with the Providers.
- In addition to a contractual agreement, Providers must pay a fee to BackPainSources.COM in order to appear on the Site(s).
- BackPainSources.COM, will provide you with lists and/or profile previews of Providers who may be suitable to deliver the health care that you are seeking. We will provide you with information such as insurance accepted, proximity to your geographical location, and specialty of the Provider. In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria; but BackPainSources.COM, (i) does not recommend or endorse any Providers, and (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide, (iii.) does not and will not provide referrals and/or recommendations of one Provider over another.
- BackPainSources.COM uses reasonable efforts to ensure that Providers only participate in the Services if they hold active medical licenses and all certifications necessary to practice any specialty of the services offered by them to patients. BackPainSources.COM may also exclude Providers who, in BackPainSources.COM’s discretion, have engaged in inappropriate or unprofessional conduct.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of BackPainSources.COM properties, and you agree not to engage in unacceptable use of BackPainSources.COM properties, which includes, without limitation, use of BackPainSources.COM properties to:
- Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
- Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
- Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
- Impersonate any person or entity (including BackPainSources.COM property agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by BackPainSources.COM properties for such purpose;
- Disseminate or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary rights; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt BackPainSources.COM properties, or servers or networks connected to BackPainSources.COM properties; or disobey any requirements, procedures, policies, or regulations of networks connected to BackPainSources.COM properties;
- Post any Content related to partisan political campaigning or fundraising;
- Express or imply that any statements you make are endorsed by us;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of BackPainSources.COM properties;
- Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, BackPainSources.COM properties or the contents (except as expressly permitted by BackPainSources.COM);
- Remove any copyright, trademark or other proprietary rights notices contained in BackPainSources.COM properties;
- “Frame” or “mirror” any part of BackPainSources.COM properties; or
- Engage in any other activity deemed by BackPainSources.COM, to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.
You understand that by using BackPainSources.COM properties, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.
This is an Agreement between BackPainSources.COM and “Linking Party”, the individual or entity who agrees and accepts the following terms and conditions of this Agreement. “Linking Party” means the responsible party of the website linking to BackPainSources.COM Properties:
- OWNERSHIP, IDENTIFICATION & USE
- As between BackPainSources.COM and Linking Party, all right, title and interest in and to all trademarks, copyrights, design, look and feel, including without limitation the “BackPainSources.COM” trademark, content, graphics and other materials of any type appearing on or in the BackPainSources.COM Websites and all technology related thereto (the “BackPainSources.COM materials”) are owned by BackPainSources.COM and subsidiaries
- Linking Party acknowledges that BackPainSources.COM retains all right, title, and interest in and to the BackPainSources.COM trademark and all associated goodwill. Linking Party represents and warrants that it will use the BackPainSources.COM materials solely as provided in this Agreement, and will not use the BackPainSources.COM materials in any manner that will diminish or otherwise damage BackPainSources.COM goodwill in theBackPainSources.COM materials. Linking Party agrees that all use of the BackPainSources.COM materials will inure to the benefit of BackPainSources.COM. Linking Party shall promptly notify BackPainSources.COM of any suspected infringement of or challenge to the BackPainSources.COM materials. BackPainSources.COM, shall have the sole right to, and in its sole discretion may commence, prosecute, or defend, and control any action concerning the BackPainSources.COM materials.
- QUALITY CONTROL
- Linking Party agrees to maintain the quality of the Linking Party Website such that its content and activities conducted on such website remain current, in good taste, compliant with all applicable laws, rules, and regulations and appropriate for users of BackPainSources.COM Websites. Linking Party will not violate or infringe any right of any third party in connection with the operation of the Linking Party Website.
- UPDATES AND CONTACT FROM BackPainSources.COM
- From time to time, BackPainSources.COM, LLC and its’ subsidiaries may modify, update or otherwise change URL’s and/or the content and the way it is displayed on its website without prior notice to Linking Party.
- INDEMNIFICATION FROM LINKING PARTY
- Linking Party agrees to indemnify, defend (at BackPainSources.COM’s option) and hold BackPainSources.COM and its affiliates, and their respective officers, directors, agents, and employees, harmless from and against any and all liability, damages, losses, expenses (including attorneys’ fees and expenses and allocable costs of in-house counsel), claims, demands, suits, fines or judgments, and costs and expenses incidental thereto, which may be suffered by, accrued against, charged to or recoverable from BackPainSources.COM or any of its affiliates, or any of their respective officers, directors, agents or employees, arising out of or resulting from: (i) a claim that the Linking Party Website, or any other materials (tangible or intangible) provided by Linking Party to BackPainSources.COM and subsidiaries hereunder or any portion or use thereof, infringes or misappropriates any patent, copyright, trade secret, trademark or other proprietary rights; or (ii) claims regarding the performance, nonperformance, or defect in performance of the Linking Party Website or items found on or through such website, or any statement, misstatement, representation or misrepresentation made by Linking Party. BackPainSources.COM, may terminate this Agreement immediately if the other party has failed to perform or abide by any of its obligations under this Agreement.
- BackPainSources.COM may, in its absolute discretion, immediately terminate links if it determines that Linking Party or Linking Party’s Website would or would tend to: (i) violate or infringe the copyright, trademark or other rights of third parties, or any other law, court order, governmental regulation or other rulings of any governmental agency or entity; (ii) subject BackPainSources.COM, to any liability; or (iii) jeopardize BackPainSources.COM ability to protect its rights or its property in the manner it deems appropriate.
- In the event this Agreement is terminated; Linking Party must immediately cease all use thereof and cease all linking to the BackPainSources.COM Websites.
- No Entitlement. Linking Party is not entitled to share in and has no claim to any subscription, advertising or other revenues BackPainSources.COM, may realize in connection with the BackPainSources.COM Website.
BackPainSources.COM, DMCA Copyright Infringement Claim Policy
BackPainSources.COM respects the intellectual property of others and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. BackPainSources.COM has the right to prohibit infringers from using our BackPainSources.COM properties.
If you believe your work has been copied and posted on or through BackPainSources.COM properties in a way that constitutes copyright infringement, please send BackPainSources.COM’s Copyright Agent a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on BackPainSources.COM properties (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described above, BackPainSources.COM, will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on BackPainSources.COM’s Site or Mobile Content. No personal user information is shared with the copyright owner unless required by law.
If BackPainSources.COM, receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” BackPainSources.COM reserves the right to terminate the accounts of “repeat copyright infringers” and /or take all legal action available to BackPainSources.COM to prevent further infringement and to recoup any damages as a result of the said infringement.
You agree to indemnify, defend and hold BackPainSources.COM its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to BackPainSources.COM properties infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with BackPainSources.COM properties. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.