NC PAIN MANAGEMENT
SERVICES CORPORATION
TERMS AND CONDITIONS
OF USE
NOTE: NC Pain Management Services Corporation
("NCPMS") may revise and update these Terms and Conditions at
anytime. Your continued usage of the NCPMS Health website (the "NCPMS
Website," or the "Website,") will mean you accept such changes.
I. THIS Website DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the NCPMS Website, such as
text, graphics, images, information and other material (the
"Content") is for informational purposes only. The NCPMS Website was
constructed with our patients in mind. Our goal is to serve as a concise and
yet complete source of information related to the field of pain management. The
Content is not to be taken as the absolute authority on any of these medical
subjects.
The Content is not intended to be a substitute for professional medical advice,
diagnosis or treatment. Users of the NCPMS Website should always seek the advice
of a physician or other qualified medical provider with questions regarding any
medical condition. Never disregard professional medical advice or delay in
seeking it because of something you have read on the NCPMS Website! If
you think you may have a medical emergency, call your medical provider or dial
911 immediately.
The use of the NCPMS Website does not create a doctor-patient relationship between the user and NCPMS.
Clinical information is provided for
educational purposes and not as a medical or professional service. Person(s)
who are not medical professionals should have clinical information reviewed and
interpreted or applied only by the appropriate health professional(s). None of
the techniques described on the Website should be attempted by an untrained
physician.
NCPMS does not recommend or endorse any
specific tests, products, procedures, opinions, or other information that may
be mentioned on the Website. Reliance on any information provided by NCPMS,
NCPMS employees, others appearing on the Website at the invitation of NCPMS, or
other visitors to the Website is solely at your own risk.
The Website may contain health or medical
related materials which you find sexually explicit or otherwise offensive.
NCPMS, its licensors and its suppliers have no control over and accept no
responsibility for such materials. You are solely responsible for compliance
with the laws applicable to your country or state of residence.
II. USE OF CONTENT.
NCPMS authorizes you to view, download and/or
print one (1) copy of the material on the NCPMS Website solely for your personal,
noncommercial use. Any use of the Content not expressly permitted by these
Terms and Conditions is a breach of these Terms and Conditions and may violate
copyright, trademark, and other applicable laws. The Content is subject to
change or termination without notice in the editorial discretion of NCPMS. All
rights not expressly granted herein are reserved to NCPMS and its licensors.
If you violate any of these Terms and
Conditions, your permission to use the Content automatically terminates and you
must immediately destroy any copies you have made of any portion of the Content.
III. LIABILITY OF NCPMS AND ITS LICENSORS.
Every effort has been made by NCPMS to provide accurate, up-to-date information. However, the medical knowledge base is dynamic and errors can occur. By using the information contained herein, the viewer willingly assumes all risks in connection with such use.
When using the NCPMS Website, information
will be transmitted over the Internet, a medium which is beyond the control and
jurisdiction of NCPMS. Accordingly, NCPMS assumes no liability for or relating
to the delay, failure, interruption or corruption of any data or other
information transmitted in connection with use of the NCPMS Website.
Warranty Disclaimer: The NCPMS Website and
the Content are provided on an "as is" basis. NCPMS AND ITS
LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIESí
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, NCPMS, its
licensors and its suppliers make no representations or warranties about the
following:
In no event shall NCPMS, its licensors or any
third parties mentioned on the NCPMS Website be liable for any damages
(including, without limitation, incidental and consequential damages, personal
injury/wrongful death lost profits, or damages resulting from lost data or
business interruption) resulting from the use or inability to use the NCPMS
Website or the Content whether based on warranty, contract, tort or any other
legal theory, and whether or not NCPMS is advised of the possibility of such
damages. NCPMS
is not liable for any personal injury, including death, caused by your use or
misuse of the Website, Content . Any claims arising in connection with your use
of the Website, or the Content must be brought within one (1) year of the date
of the event giving rise to such action occurred. Remedies under these Terms
and Conditions are exclusive and are limited to those expressly provided for in
these Terms and Conditions.
You agree that you will not upload or
transmit any communications or content of any type that infringe or violate any
rights of any party. By submitting communications or content to any part of
this Website, you agree that such submission is non-confidential for all
purposes. If you make any such submission, you automatically grant--or warrant
that the owner of such content has expressly granted--NCPMS a royalty-free,
perpetual, irrevocable, world-wide nonexclusive license to use, reproduce,
create derivative works from, modify, publish, edit, translate, distribute,
perform and display the communication or content in any media or medium, or any
form, format or forum now known or hereafter developed. NCPMS may sublicense
its rights through multiple tiers of sublicenses.
V. ADVERTISEMENTS AND LINKS TO OTHER WEBSITES.
NCPMS does not endorse the medical
information/content on any third party websites. NCPMS is not responsible for the
content of linked third-party websites, websites framed within the NCPMS
Website, or third party advertisements, and does not make any representations
regarding their content or accuracy. Your use of a third-party website is at
your own risk and subject to the terms and conditions of use for such sites.
NCPMS does not endorse any product or service named on the NCPMS Website.
You agree to defend, indemnify and hold
NCPMS, its officers, directors, employees, agents, licensors and suppliers,
harmless from and against any claims, actions or demands, liabilities and
settlements including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your violation of these Terms and
Conditions.
NCPMS is based in Burlington, North Carolina,
in the United States of America. NCPMS makes no claims that the Content is
appropriate or may be downloaded outside of the United States. Access to the
Content may not be legal by certain persons or in certain countries. If you
access the NCPMS Website from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions shall in all
respects be governed by, and construed with, the substantive laws of the United
States and the State of North Carolina, without respect to conflict of laws
principles. You expressly agree that exclusive jurisdiction for any dispute
with NCPMS, or in any dispute related to the use of the NCPMS Website, resides
in any state or federal court sitting in Alamance County, North Carolina. You
further agree and expressly consent to the exercise of personal jurisdiction in
any state or federal court sitting in Alamance County, North Carolina in
connection with any such dispute including any claim involving NCPMS or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
If any provision of these Terms and
Conditions is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or condition or any other term or
condition.
These Terms and Conditions constitute the entire agreement between you and NCPMS with respect to the use of the NCPMS Website, and Content. Your use of the NCPMS Website is also subject to the NCPMS Privacy Policy.