Terms and Conditions
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”)
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity (“user” or “you”) and SpineNation, LLC
and its affiliated companies (collectively, “Company” or “we” or “us” or
“our”), concerning your access to and use of the spinenation.com website as
well as any other media form, media channel, mobile website or mobile
application related or connected thereto (collectively, the “Website”). The
Website provides the following service: Digital health for back pain and spine
conditions. (“Company Services”). Supplemental terms and conditions or
documents that may be posted on the Website from time to time, are hereby
expressly incorporated into this Agreement by reference.
Company makes no
representation that the Website is appropriate or available in other locations
other than where it is operated by Company. The information provided on the
Website is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject Company to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Website from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) are not permitted to register
for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS
AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF
APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO
ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE
COMPANY SERVICES OR THE WEBSITE.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company Services, you represent and
warrant that:
A.?all
registration information you submit is truthful and accurate;
B.?you
will maintain the accuracy of such information;
C.?you
will keep your password confidential and will be responsible for all use of
your password and account;
D.?you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use this Website; and
E.?your
use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Website’s
registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Website (or any
portion thereof).
We reserve the right to remove or reclaim or
change a user name you select if we determine appropriate in our discretion,
such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a
user's actual name.
Regarding Content You Provide
The Website may invite you to chat or
participate in blogs, message boards, online forums and other functionality and
may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute or broadcast content and materials to
Company and/or to or via the Website, including, without limitation, text,
writings, video, audio, photographs, graphics, comments, suggestions or
personally identifiable information or other material (collectively
"Contributions"). Any Contributions you transmit to Company will be
treated as non-confidential and non-proprietary. When you create or make
available a Contribution, you thereby represent and warrant that:
A.?the creation, distribution, transmission, public display and
performance, accessing, downloading and copying of your Contribution does not
and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret or moral rights of any third party;
B.?you are the creator and owner of or have the necessary licenses, rights,
consents, releases and permissions to use and to authorize Company and the
Website users to use your Contributions as necessary to exercise the licenses
granted by you under this Agreement;
C.?you have the written consent, release, and/or permission of each and
every identifiable individual person in the Contribution to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the Contribution in the manner contemplated by this
Website;
D.?your Contribution is not obscene, lewd, lascivious, filthy, violent,
harassing or otherwise objectionable (as determined by Company), libelous or
slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone,
does not advocate the violent overthrow of any government, does not incite,
encourage or threaten physical harm against another, does not violate any
applicable law, regulation, or rule, and does not violate the privacy or
publicity rights of any third party;
E.?your Contribution does not contain material that solicits personal
information from anyone under 18 or exploit people under the age of 18 in a
sexual or violent manner, and does not violate any federal or state law
concerning child pornography or otherwise intended to protect the health or
well-being of minors;
F.?your Contribution does not include any offensive comments that are
connected to race, national origin, gender, sexual preference or physical
handicap;
G.?your Contribution does not otherwise violate, or link to material that
violates, any provision of this Agreement or any applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the
Website, or making them accessible to the Website by linking your account to any
of your social network accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to Company an unrestricted,
unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part) and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, such Contributions, and to grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels. Such use and distribution license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names and logos, personal and commercial
images you provide. Company does not assert any ownership over your
Contributions; rather, as between us and you, subject to the rights granted to
us in this Agreement, you retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated
with your Contributions.
Company has the right, in our sole and absolute
discretion, to (i) edit, redact or otherwise change any Contributions, (ii)
re-categorize any Contributions to place them in more appropriate locations or
(iii) pre-screen or delete any Contributions that are determined to be
inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website,
you hereby authorize Company to grant to each end user a personal, limited,
non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to
access, download, print and otherwise use your Contributions for their internal
purposes and not for distribution, transfer, sale or commercial exploitation of
any kind.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the Company Services via a
mobile application, then Company grants you a revocable, non-exclusive,
non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on
such devices strictly in accordance with the terms and conditions of this
license. You shall use the application strictly in accordance with the terms of
this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any
modification, adaptation, improvement, enhancement, translation or derivative
work from the application; (c) violate any applicable laws, rules or
regulations in connection with your access or use of the application; (d)
remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of Company or its affiliates, partners, suppliers or
the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (f) make the application available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (g) use the application for creating a product, service or software
that is, directly or indirectly, competitive with or in any way a substitute
for the application; (h) use the application to send automated queries to any
website or to send any unsolicited commercial e-mail; or (i) use any
proprietary information or interfaces of Company or other intellectual property
of Company in the design, development, manufacture, licensing or distribution
of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play to access the
Company Services. You acknowledge that this Agreement is concluded between you
and Company only, and not with Apple Inc. or Google, Inc. (each an “App
Distributor”), and Company, not an App Distributor, is solely responsible for
the Company application and the content thereof. (1) SCOPE OF LICENSE: The
license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that
utilizes the Apple iOS or Android operating system, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor
terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible
for providing any maintenance and support services with respect to the Company
application, as specified in this Agreement, or as required under applicable
law. You acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the Company
application. (3) WARRANTY: Company is solely responsible for any product
warranties, whether express or implied by law, to the extent not effectively
disclaimed. In the event of any failure of the Company application to conform
to any applicable warranty, you may notify an App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the Company application, and to the maximum extent
permitted by applicable law, an App Distributor will have no other warranty
obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Company’s sole responsibility. (4)
PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is
responsible for addressing any claims of yours or any third party relating to
the Company application or your possession and/or use of the Company
application, including, but not limited to: (i) product liability claims; (ii)
any claim that the Company application fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer protection
or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that,
in the event of any third party claim that the Company application or your
possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant
that (i) you are not located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must
comply with applicable third party terms of agreement when using the Company
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the Company
application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree
that the App Distributors, and their subsidiaries, are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce this Agreement against
you as a third party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Website, you
may link your account with online accounts you may have with third party
service providers (each such account, a “Third Party Account”) by either: (i)
providing your Third Party Account login information through the Website; or
(ii) allowing Company to access your Third Party Account, as is permitted under
the applicable terms and conditions that govern your use of each Third Party
Account. You represent that you are entitled to disclose your Third Party
Account login information to Company and/or grant Company access to your Third
Party Account (including, but not limited to, for use for the purposes
described herein), without breach by you of any of the terms and conditions
that govern your use of the applicable Third Party Account and without
obligating Company to pay any fees or making Company subject to any usage
limitations imposed by such third party service providers. By granting Company
access to any Third Party Accounts, you understand that (i) Company may access,
make available and store (if applicable) any content that you have provided to
and stored in your Third Party Account (the “Social Network Content”) so that
it is available on and through the Website via your account, including without
limitation any friend lists, and (ii) Company may submit and receive additional
information to your Third Party Account to the extent you are notified when you
link your account with the Third Party Account. Depending on the Third Party
Accounts you choose and subject to the privacy settings that you have set in
such Third Party Accounts, personally identifiable information that you post to
your Third Party Accounts may be available on and through your account on the
Website. Please note that if a Third Party Account or associated service
becomes unavailable or Company’s access to such Third Party Account is
terminated by the third party service provider, then Social Network Content may
no longer be available on and through the Website. You will have the ability to
disable the connection between your account on the Website and your Third Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no
effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality or non-infringement, and Company is not
responsible for any Social Network Content. You acknowledge and agree that
Company may access your e-mail address book associated with a Third Party
Account and your contacts list stored on your mobile device or tablet computer
solely for the purposes of identifying and informing you of those contacts who
have also registered to use the Website. At your request made via email to
our email address listed below, or through your account settings (if
applicable), Company will deactivate the connection between the Website and
your Third Party Account and delete any information stored on Company’s servers
that was obtained through such Third Party Account, except the username and
profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Website or the Company Services
("Submissions") provided by you to Company are non-confidential and
Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purpose other than
that for which Company makes it available. The Website may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Company. Prohibited activity includes, but is not
limited to:
A.?attempting to
bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website
B.?attempting to
impersonate another user or person or using the username of another user
C.?criminal or
tortious activity
D.?deciphering,
decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website
E.?deleting the
copyright or other proprietary rights notice from any Website content
F.?engaging in any
automated use of the system, such as using any data mining, robots or similar
data gathering and extraction tools
G.?except as may be
the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without
limitation, any spider, robot (or "bot"), cheat utility, scraper or
offline reader that accesses the Website, or using or launching any
unauthorized script or other software
H.?harassing,
annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
I.?interfering with,
disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website
J.?making any
unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses
K.?selling or
otherwise transferring your profile
L.?systematic
retrieval of data or other content from the Website to create or compile,
directly or indirectly, a collection, compilation, database or directory
without written permission from Company
M.?tricking,
defrauding or misleading Company and other users, especially in any attempt to
learn sensitive account information such as passwords
N.?using any
information obtained from the Website in order to harass, abuse, or harm
another person
O.?using the Company
Services as part of any effort to compete with Company or to provide services
as a service bureau
P.?using the Website
in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”)
and the trademarks, service marks and logos contained therein (“Marks”) are
owned by or licensed to Company, and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Company Content, includes, without limitation, all
source code, databases, functionality, software, website designs, audio, video,
text, photographs and graphics. All Company graphics, logos, designs, page
headers, button icons, scripts and service names are registered trademarks,
common law trademarks or trade dress of Company in the United States and/or
other countries. Company's trademarks and trade dress may not be used,
including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company.
Company Content on the Website is provided to
you “AS IS” for your information and personal use only and may not be used,
copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Provided that you
are eligible to use the Website, you are granted a limited license to access
and use the Website and the Company Content and to download or print a copy of
any portion of the Company Content to which you have properly gained access
solely for your personal, non-commercial use. Company reserves all rights not
expressly granted to you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through
the Website or the Company Services) links to other websites ("Third Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the
"Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Website or any Third Party Content
posted on, available through or installed from the Website, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Websites or the Third Party
Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Website and access the
Third Party Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Website or relating to any applications you use or install from the Website.
Any purchases you make through Third Party Websites will be through other
websites and from other companies, and Company takes no responsibility
whatsoever in relation to such purchases which are exclusively between you and
the applicable third party.
SITE MANAGEMENT
Company reserves the right but does not have the
obligation to:
A.?monitor the
Website for violations of this Agreement;
B.?take appropriate
legal action against anyone who, in Company’s sole discretion, violates this
Agreement, including without limitation, reporting such user to law enforcement
authorities;
C.?in Company’s sole
discretion and without limitation, refuse, restrict access to or availability
of, or disable (to the extent technologically feasible) any user’s contribution
or any portion thereof that may violate this Agreement or any Company policy;
D.?in Company’s
sole discretion and without limitation, notice or liability to remove from the
Website or otherwise disable all files and content that are excessive in size
or are in any way burdensome to Company’s systems;
E.?otherwise manage
the Website in a manner designed to protect the rights and property of Company
and others and to facilitate the proper functioning of the Website.
PRIVACY POLICY
We care about the privacy of our users. Please
review the Company Privacy Policy. By using the Website or Company Services,
you are consenting to have your personal data transferred to and processed in
the United States. By using the Website or the Company Services, you are
consenting to the terms of our Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and
effect while you use the Website or are otherwise a user or member of the
Website, as applicable. You may terminate your use or participation at any
time, for any reason, by following the instructions for terminating user accounts
in your account settings, if available, or by contacting us using the contact
information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE
COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION,
AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE
COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU
HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website
and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order
to fulfill the purposes of such provisions, need to survive the termination or
expiration of this Agreement, shall be deemed to survive for as long as
necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO
CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO
MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,
EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS
HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY
ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account
for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, Company reserves the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS
To Agreement
Updated: January, 07, 2021