Terms of Use

Modern Pain Care

Terms of Use

Last Revised: June 22, 2018

Welcome to modernpaincare.com. The modernpaincare.com website (the “Site”) is comprised of various web pages operated by Modern Pain Care (“MPC”). Use of the Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Purpose

Modernpaincare.com is a digital commerce website that provides webinars, online courses, and access to live courses for health care professionals.

Personal Information and Privacy

By creating a user account on the Site or otherwise using the Site or our Services, you are providing us with your personal information. This personal information can include information you intentionally provide to us, such as your name, address, email address, phone number, or payment information, and can also include information automatically collected by the Site, such as your web browser and operating system information, location information, and a record of pages within the Site that you access. Your use of the Site and our collection and use of this personal information is subject to our Privacy Policy. We encourage you to carefully review our Privacy Policy, as it is designed to inform you about how and why we collect and use your data, what data we collect, and what your rights are to control your data.

Electronic Communications

By creating an account on the Site, contacting us via email, or otherwise providing your email address to us, you consent to receive emails or other electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. With regard to communications containing announcements, advertisements, or solicitations, you have the right to revoke this consent at any time and opt-out of such communications. Please refer to our Privacy Policy for a better understanding of your rights and how to opt-out of such communications.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, whether or not undertaken by you. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account credentials or any computer or other device through which your account has or can be accessed. We and our associates reserve the right, in our sole discretion, to refuse or cancel service, terminate accounts, or remove or edit content published to the Site.

We do not knowingly collect, by any means, personal information from persons under the age of thirteen (13) years. If you are under eighteen (18) years, you may use the Site only with permission of your parent or guardian.

Cancellation/Refund Policy

Subscriptions may be cancelled at any time. For yearly subscriptions, your cancellations must be received prior to the scheduled renewal date. Each subscription will remain active until the end of the subscription period you paid for prior to your termination. There will be no refund for unused portions of your subscription.

We are committed to providing the highest quality and most up-to-date content for our users. If, for any reason, we experience circumstances which render the coursework or content unavailable to you for a significant period of time, you may choose one (1) of the following:

  1. You may extend the amount of time the course is available to you by the amount of time the course was unavailable to you; or
  2. You may receive a replacement course of equal value at no extra cost to you

Membership services are fully earned upon payment of the membership fee. Payments of membership fees are nonrefundable. There shall be no prorated refunds for partially used periods.

Links to third-party sites and third-party services

Modernpaincare.com may contain links to other websites (“Linked Sites”). We do not share your data or personal information with the Linked Sites. The Linked Sites are not under our control and we are not responsible for the content, privacy policy, or data-handling policies and practices of any Linked Site. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

Certain services made available via modernpaincare.com are delivered by third-party service providers. As described in our Privacy Policy, we strive to ensure that our third-party service providers keep to the same high standards of data handling as we do. Any contracts we enter into with our third-party service providers include the data protection principles enshrined in the General Data Protection Regulation (GDPR) and require that the third-party service provider adhere to those principles. However, we cannot guarantee compliance by any third-party with industry standards, laws, and regulations governing the collection, management, and use of such data. By using any product, service or functionality of modernpaincare.com, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of modernpaincare.com users and customers. The terms by which we may share such information and data are governed by our Privacy Policy.

No unlawful or prohibited use of Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use modernpaincare.com strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MPC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and, in particular, you may not delete or alter any proprietary rights or attribution notices in any content. You may use protected content solely for your personal use and will make no other use of the content without the express written permission of MPC and the copyright owner. You agree that you are not acquiring any ownership rights in any protected content by use of the Site. We do not grant you any licenses, express or implied, to the intellectual property of MPC or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. While use of the Site is generally governed by our Privacy Policy, you agree to be solely responsible for the dissemination and use by third parties of any information you voluntarily post or relay through use of the Communication Services. Such dissemination and use are beyond our ability to control and we therefore assume no responsibility for any loss, appropriation, or misuse of any such information.

Without limiting your other responsibilities under these Terms of Use, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole and absolute discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time, with or without notice, for any reason whatsoever.

Our right to disclose your personal information, including personal information provided to, by, or through the Communication Services, is governed by our Privacy Policy.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MPC does not control or endorse the content, messages or information found in any Communication Service and, therefore, MPC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MPC spokespersons, and their views do not necessarily reflect those of MPC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to modernpaincare.com or posted on any MPC web page

We do not claim ownership of the materials you provide to modernpaincare.com (including feedback and suggestions) or post, upload, input or submit to any MPC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us permission to use your Submission in connection with the operation of the Site and in provision of our services in accordance with our Privacy Policy.

No compensation will be paid with respect to the use of your Submission as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

Third Party Accounts

You may be able to connect your user account on the Site to accounts owned, hosted, or provided by third parties, including, for example and without limitation, Facebook, LinkedIn, Twitter, or Instagram. By connecting your MPC account to any third-party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to those third parties. We cannot guarantee the responsible data handling of those third parties or their compliance with industry standards and applicable laws and regulations, including, for example, GDPR. By using this feature, you are consenting to having your personal information and other data shared with these third parties and instructing us to do so. You may revoke this consent at any time by disabling this feature. We will, upon such revocation, cease sharing this data with third parties. We cannot verify or control the data retained by those third parties after such revocation.

International Users

The Service is controlled, operated, and administered by MPC from our offices within the United States of America. We strive to maintain compliance with data privacy and protection laws and regulations, as well as other laws and regulations, unique and local to our various users across the globe. To that end, we have taken strides to implement GDPR-compliant data collection and handling practices. For a better understanding of those practices, please carefully review our Privacy Policy. By accessing the Site or using our services in a country outside of the United States of America, you agree that you will not use our services, the Site, or any content accessed thereby in any country or in any manner prohibited by local laws, regulations, or restrictions.

Indemnification

You agree to indemnify, defend and hold harmless MPC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with us in asserting any available defenses.

Liability disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes may be periodically added to the information herein. Modern Pain Care and/or its suppliers may make improvements and/or changes in the site at any time.

Modern Pain Care and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Modern pain care and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall modern pain care and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if modern pain care or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/access restriction

We reserve the right, in our sole and absolute discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and the United States of America, and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MPC as a result of this agreement or use of the Site. MPC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MPC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MPC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MPC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MPC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

We reserve the right, in our sole and absolute discretion, to change the Terms of Use under which modernpaincare.com is offered. The most current version of the Terms of Use will supersede all previous versions. We encourage you to periodically review the Terms of Use and our Privacy Policy to stay informed of our updates.

Contact Information

We welcome your questions or comments regarding these Terms of Use. If you have suggestions or believe we may have violated the data-handling provisions of these Terms of Use or our Privacy Policy, you may contact our Data Protection Officer at:

Firstname Lastname

28506 N 23rd Dr

Phoenix, Arizona 85085

Email: [email protected]

Phone: +1 (616) 481-4669

 

For more general inquiries, you may contact us at:

 

Modern Pain Care

28506 N 23rd Dr

Phoenix, Arizona 85085

 

Email Address:

[email protected]

 

Telephone number:

+1 (616) 481-4669

 

Effective as of June 22, 2018

 

Email Address:

[email protected]

 

Telephone number:

616-4814669

 

Effective as of January 07, 2017

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