TERMS OF USE
EFFECTIVE DATE: August 20, 2007
THESE
TERMS OF USE (THIS “AGREEMENT”) STATE THE TERMS AND CONDITIONS UNDER WHICH YOU
MAY USE THE WEBSITE LOCATED AT WWW.SPINETPW.COM AND ALL CONTENT AND
SERVICES AVAILABLE THEREON (THE “SITE”). THIS
AGREEMENT CONSTITUTES A LEGAL DOCUMENT THAT GOVERNS YOUR USE OF THE SITE AND
ALL CONTENT AND SERVICES AVAILABLE VIA THE SITE. BY USING ANY PORTION OF
THE SITE AS A USER OR MEMBER (AS DEFINED BELOW) YOU AGREE TO AND ACCEPT THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR DO NOT
WANT TO BE BOUND TO THEM, PLEASE EXIT THE SITE AS YOU ARE NOT GRANTED
PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.
WE MAY,
AT ANY TIME, MODIFY, CHANGE, OR ADD TO THESE TERMS OF USE, AND ANY SUCH
MODIFICATIONS, CHANGES, OR ADDITIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING
ON THE SITE. USERS AND MEMBERS SHOULD PERIODICALLY
CHECK THESE TERMS OF USE FOR MODIFICATIONS, CHANGES, OR ADDITIONS. YOUR CONTINUED USE OF THE SITE FOLLOWING THE
POSTING OF ANY MODIFICATION, CHANGE, OR ADDITION SIGNIFIES YOUR ACCEPTANCE OF
SAME.
THIS SITE DOES NOT PROVIDE MEDICAL
ADVICE. The Site is provided for informational purposes only, and
is not intended as a substitute for professional medical advice, diagnosis, or
treatment. Always seek the advice of
your physician or other qualified health provider with any questions you may
have regarding a medical condition. Never disregard professional medical advice or
delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency,
call your doctor or 911 immediately. SPINE
does not recommend or endorse any specific tests, physicians, products,
procedures, opinions, or other information that may be mentioned on the Site.
Reliance on the Site is solely at your own risk.
Who we Are. In these Terms of Use, the words
“SPINE,” “we,” “us,” and “our” refer to Spine, LLC, a Florida limited liability
company, and affiliates thereof.
Conditions to Use. The Site
contains various information in the form of data, text, graphics, news,
reports, and other materials including third party content. SPINE authorizes you to view
and download the materials at the Site and other sites that are linked to or
affiliated with the Site under the condition that all the information,
programs, processes, methodologies, communications, software, scripting,
photos, text, video, graphics, sounds, images and any other materials and
services found on the Site (collectively “Content”) may not be copied or
distributed, republished, uploaded, posted, publicly displayed, performed,
distributed, or transmitted in any way, without the prior written consent of
SPINE, EXCEPT: only for your personal, non-commercial use, and provided that
you retain all copyright and other proprietary notices contained in the
original materials on any copies of the materials. Any use of any Content on any other Web site
or networked computer environment for any purpose is prohibited.
You are using the Site and the Services at
your own risk and you, along with your healthcare provider, are personally
responsible for verifying its suitability for your needs.
Member Sign-In Name;
Password; Unique Identifiers. Users of the public areas of the Site (“Users”) are not required to register as Members
to browse in public areas of the Site, such as message boards. In order
to access member-only portions of the Site and/or use the members’ area
services (“Services”), registration is required. Such registered users are referred to herein
as “Members”.
During the registration process for the Site,
we will provide you with a password (“Password”) and also may request that you
provide certain additional information that will assist in authenticating your
identity when you log into the Site in the future (“Unique Identifiers”). Examples of Unique Identifiers include
mother’s maiden name, the make of your first automobile, and the name of your
favorite pet. Each Sign-In Name can be
used only by one Member. You are solely responsible for the
confidentiality and use of your Sign-In Name, Password, and Unique Identifiers,
as well as for any use, misuse, or communications entered through the Site
using one or more of them. You will
promptly inform SPINE of any need to deactivate a Password or Sign-In Name or
change any Unique Identifier. SPINE reserves the right to delete or change your
Password, Sign-In Name, or Unique Identifier at any time and for any reason.
Membership Terms. If you choose to
become a Member, the following additional terms and conditions will apply. You should be aware that the Services are not
intended or designed to attract individuals under the age of 18 and only
individuals age 18 or over may become a Member.
Information regarding Users under 18 may be submitted to the Site only
by an adult representative on behalf of such minor.
If you download any
software from this Site ("Software"), the Software, including all
code, files, and images, contained in or generated by the Software and
accompanying data are deemed to be licensed to you by SPINE, which license is
fully revocable by SPINE at any time and for any reason. Neither title
nor intellectual property rights are transferred to you, but remain the
exclusive property SPINE, who owns full and complete title. You may not resell, decompile, reverse
engineer, disassemble, or otherwise convert the Software to a perceivable form.
You may not download or install the
Software until you have read and accepted this Agreement.
Intellectual Property
Rights in the Site. You acknowledge that the Site and various elements
contained thereon are protected by copyrights, trademarks, trade secrets,
patents, or other proprietary rights, and that these worldwide rights are valid
and protected in all forms, media, and technologies existing now and
hereinafter developed. You also
acknowledge that the Content is and shall remain the property of SPINE or its
licensors. You agree to comply with all
intellectual property laws and not to encumber any interest in, or assert any
rights to, the Content. You may not modify, transmit, participate in the
sale or transfer of, or create derivative works based on any Content, in whole
or in part. However, you may print a single copy of the Content for your
own personal use, provided, however, that you maintain any notices contained in
the Content, such as all copyright notices, trademark legends, or other
proprietary rights notices.
Copyright
Complaints. If you believe this Site contains Content that infringes your
copyright, please see our Copyright
Infringement Notification Procedures.
Unsolicited Information. By submitting
any unsolicited information and materials, including comments, ideas,
questions, designs, and other similar communications (collectively, “Unsolicited
Information”) to SPINE on public areas of the Site, you agree to be bound by
the following terms and conditions. If
you do not agree with these terms and conditions, you should not provide any
Unsolicited Information to the Site. All
Unsolicited Information will be considered NON-CONFIDENTIAL and
NON-PROPRIETARY. SPINE, or any of its
affiliates, may use such communication or material for any purpose whatsoever,
including, but not limited to, reproduction, disclosure, transmission, publication,
broadcast, and further posting. Further, SPINE and its affiliates are free to
use any ideas, concepts, know-how, or techniques contained in any communication
or material you send to the site for any purpose whatsoever, including, but not
limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you
are granting SPINE a perpetual, royalty-free, and irrevocable right and license
to use, reproduce, modify, adapt, publish, translate, distribute, transmit,
publicly display, publicly perform, sublicense, create derivative works from,
transfer, and sell such Unsolicited Information and to use your name and other
identifying information in connection with such Unsolicited Information. This section shall not apply to any submissions
you provide pursuant to a private agreement with us.
Links to Other Web Sites. This Site may
periodically provide links to third party websites (“Third-Party Sites”) as
well as other websites operated by SPINE (“Other SPINE Sites”). This Agreement governs only this Site and not
any Third Party Sites or Other SPINE Sites. Our decision to link to a Third-Party Site is
not an endorsement of the content or services in that linked Third Party Site.
If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any
Third-Party Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the
Site from any other websites unless establishment of such a link is approved in
advance by us in writing. You may not
frame any elements of this Site with any other website.
Advertisements on this
Site.
SPINE, in its sole discretion, may post the advertisements of third
parties on the Site. The display of
advertisements on the Site is not intended as and does not in any manner
constitute a recommendation, endorsement, or approval of the advertiser or its
services by SPINE. Your correspondence
or any other dealings with advertisers found on this Site are solely between
you and such advertiser, and we are not responsible or liable for the
statements or conduct of any third party, nor for any loss or damage incurred
as a result of any such dealings or as the result of the presence of such
advertisers on this Site.
Security of the Site. Actual or
attempted unauthorized use of the Site may result in criminal and/or civil
prosecution. SPINE reserves the right to
view, monitor, and record activity on the Site without notice or permission
from you. Any information obtained by
monitoring, reviewing, or recording is subject to review by law enforcement
organizations in connection with investigation or prosecution of possible
illegal activity on the Site. SPINE will
comply with all court orders as well as all law enforcement and regulatory
inquiries involving requests for such information.
DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF SPINE, ITS
AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS (COLLECTIVELY THE “SPINE PARTIES”) GUARANTEE THE ACCURACY,
COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY, OR USEFULNESS OF ANY
PORTION OF THE SITE. NONE OF THE SPINE PARTIES WARRANT THAT THIS SITE
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER, OR ANY FILES
AVAILABLE FOR DOWNLOADING THROUGH THIS SITE ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS, OR
COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF
THE SPINE PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL,
REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Without limiting the foregoing, SPINE,
its licensors, and its suppliers make no representations or warranties
regarding the satisfaction of any government regulations requiring disclosure
of information on prescription drug products or the approval or compliance of
any software tools with regard to the Content contained on the Site.
No Responsibility for
Connectivity. You agree that you are responsible for the means you use to access
the Site and all costs associated therewith. You understand that we are not responsible for
the performance of your hardware, software, the Internet, your Internet service
provider, and other third parties involved in connecting you to the Site.
Limitation of Liability. UNDER NO
CIRCUMSTANCES WILL ANY OF THE SPINE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE SPINE PARTIES BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE,
CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, IN SUCH JURISDICTIONS SPINE
PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Indemnification. You agree to indemnify,
defend, and hold SPINE and any member, manager, officer, director, employee,
agent, supplier and successor of SPINE, harmless from and against any and all
claims, liabilities, damages, losses and expenses (including, but not limited
to, reasonable fees and costs for attorneys and investigations) arising out of,
based on, or in connection with your access to or other use of the Site or any
violation of this Agreement.
Use of
Personal Data. Your use of the Site may involve the transmission of your
personally identifiable information (the “Personal Data”) to us. Our policies
with respect to the collection and use of Personal Data is governed according
to our Privacy and Security Policy, which is hereby
incorporated by reference in its entirety.
Termination. We reserve the
right, in our sole discretion, to restrict, suspend, or terminate this
Agreement and your access to all or any part of the Site, at any time and for
any reason without prior notice or liability, whether as a User or Member.
We reserve the right to change, suspend, or discontinue all or any part of this
Site at any time without prior notice or liability. You may terminate this
Agreement at any time upon the provision of written notice to us by e-mail to subscriptions@spinetpw.com
or via hard copy mail directed to SPINE Office of Privacy at
Electronic Communications and
Contracting. The Site may contain additional
agreements and disclosures in electronic form. By assenting to this Agreement, you agree that
a printed version of these Terms of Use and all other agreements entered into
by you on the Site in electronic form shall be admissible in judicial or
administrative proceedings to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
MISCELLANEOUS. In the event that any portion of this Agreement is
held to be invalid or unenforceable, then such portion shall be construed in
accordance with the applicable law as nearly as possible to reflect the
original intentions of the parties, and the remainder of this Agreement shall
remain in full force and effect. The sections of this Agreement entitled Limitation of Liability, Indemnification, and Miscellaneous shall survive the
termination of this Agreement. The
paragraph headings herein are provided only for reference and shall have no
effect on the construction or interpretation of this Agreement. You expressly absolve and release the SPINE
Parties from any claim of harm resulting from a cause beyond their control,
including, but not limited to, failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems, computer
viruses, unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes or other labor problems, wars,
terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in
writing. Neither the course of conduct
between parties nor trade practice shall act to modify any provision of this
Agreement. This Agreement and any other
agreements between the parties entered into through this site shall be governed
by and construed in accordance with the laws of the State of
Thank
you for your cooperation. We hope you find the SPINE Site helpful and
convenient to use. Questions or comments regarding the Site, including any
reports of non-functioning links, should be sent by e-mail to subscriptions@spinetpw.com or
via
© 2007 SPINE, LLC
YOU ACKNOWLEDGE THAT YOU HAVE READ, AND
AGREE TO BE BOUND BY,
THESE TERMS OF USE AND THE
PRIVACY POLICY ANY TIME YOU USE
THE SITE LOCATED AT
WWW.SPINETPW.COM
IF YOU DO NOT AGREE TO
THESE TERMS, PLEASE DO NOT USE THE SITE.
Copyright Infringement Notification Procedures. Send a notice to SPINE
containing the following:
·
An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
·
A description of the copyrighted work that you claim has been
infringed;
·
A description of where the material that you claim is infringing
is located on the Site;
·
Your address, telephone number and e-mail 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;
and
·
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
duly authorized to act on the copyright owner’s behalf.
Copyright Agent:
SPINE, LLC
Attn: Michael L. Reed, Manager
copyright@spinetpw.com