Terms and Conditions
Subject to these Terms & Conditions, PainCareLive and PlatformQ Health, Inc. (collectively referred to herein as “PainCareLive,” ” we,” “us” and “our”) provide you with access to our website www.PainCareLive.com (the “Site”). By virtue of registering with and/or using the Site, you hereby agree to these Terms & Conditions (referred to herein as the “Visitor Agreement”). PlatformQ Health Inc. may amend this Visitor Agreement by posting an amended version on the Terms & Conditions tab of the PainCareLive web site. By continuing to use the services following such amendment, you agree to the Terms & Conditions then posted.
From time to time, we may supplement the Visitor Agreement with additional terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into the Visitor Agreement.
1. Rules for Registration
Registration. You must register to use Site and the services provided by PainCareLive, including attending PainCareLive events. As part of the registration process, you will select a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of another person. Additionally, you will: (i) not disclose your password to any third party; (ii) be responsible for preserving the confidentiality of your password; and (iii) notify us of any known or suspected unauthorized use of your account.
Minors. Access to and use of the Site and services is made available only to people who can form legally binding agreements under applicable law. The Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”), to access the Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Site; and (iii) the consequences of any use of the Site by such Minor.
Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors. Information identifying current providers of such protections is available at the GetNetWise web site http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with PainCareLive).
2. Posted Content
You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share on the Site or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. We do not endorse or sponsor any such User Communications submitted by you or other users of the Site. We reserve the right to terminate and/or deny you access to the Site if we determine, in our sole discretion, that you are violating this Visitor Agreement, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
You represent and warrant your User Communications will not: (a) be false, inaccurate or misleading; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising); (d) be libelous, threatening, harassing, obscene or contain any kind of pornography; (e) contain any viruses, Trojan horses, worms, 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; (f) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; (g) interfere with the ability of others to enjoy our Site; (h) impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of PainCareLive; (i) link to or include descriptions of goods or services that: (i) are prohibited under this Visitor Agreement; or (ii) you do not have a right to link to or include; (j) contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or (k) instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
We do reserve the right, but do not assume the obligation, to monitor, restrict or prohibit your use of the Site, in whole or in part (including removal of any User Communications), if we believe you are violating any of the terms of this Visitor Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
Users may share their email information in our discussion areas. Accordingly, you may not use any other user’s information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, “spam,” or other bulk communications or for developing lists. Any such use by you will be a violation of this Visitor Agreement.
3. Proprietary Rights
The Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Web Site (the “Content”) are the property of, or used with permission by, PainCareLive and are protected by copyright, trademark and other laws and may not be used except as permitted in this Visitor Agreement or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names and service marks owned by PainCareLive and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without our written permission or the written permission of such third-party owner.
We welcome links to our website. Hypertext links are allowed as long as the link does not state or imply that PainCareLive sponsors or endorses your site and you do not use any PainCareLive logos or trademarks without our written consent.
You are solely responsible for your interactions with other users of the Site. We reserve the right, but not the obligation, to monitor disputes between you and other attendees.
You may not take legal action against PainCareLive without first a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. Any such notice of a dispute must be sent to the address listed on the Contact Us page, and must be received by us within 90 days of a scenario that first gives rise to a dispute.
7. Discontinuance, Modification & Restrictions
Without limiting any other rights or remedies, in the event that we determine, in our sole discretion, that you have breached any portion of this Visitor Agreement, or have otherwise demonstrated conduct that we deem to be inappropriate or unacceptable in our sole discretion, we reserve the right to (i) warn you via e-mail that you have violated the Visitor Agreement; (ii) delete any content provided by you or your agent(s) to the Site; (iii) discontinue your access to the Site, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which we deem to be appropriate.
If your ability to access and/or use the Site or any other service provided to you by PainCareLive is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, or any other service provided by us, through use of a different member name or otherwise.
8. Disclaimer of Warranties; Limitation of Liability
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT AND SERVICES AVAILABLE HEREIN IS AT YOUR SOLE RISK. THE SITE, CONTENT AND SERVICES AVAILABLE FROM THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PainCareLive EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT AND SERVICES AVAILABLE AT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.
WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY CONTENT OR SERVICES WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE OR ANY CONTENT SERVICES PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR SITE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Copyright Infringement Notification
If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you may provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
PlatformQ Health, Inc.
Attn: PainCareLive Copyright Agent
100 Crescent Road
Needham, MA 02494
Or via email to:
In the event that any provision of this Visitor Agreement conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of this Visitor Agreement will remain in full force and effect. Any failure by PainCareLive to insist upon or enforce strict performance of any provision of the Visitor Agreement or to exercise any right under the Visitor Agreement will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
You represent to us that you have the authority to access and use the Site according to this Visitor Agreement. The Visitor Agreement and any Additional Terms (as such terms shall be identified when posted on the Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email or by posting notice on this site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.
12. Contact Us
We welcome your comments and questions. Please contact us at:
PlatformQ Health, Inc.
Attn: PainCareLive Inquiries
100 Crescent Road
Needham, MA 02494
Copyright © 2014-2016 PlatformQ Health, Inc.. All rights reserved. Any rights not expressly granted herein are reserved.
[LAST UPDATED: April 2016]