Terms of Service

Terms of Service

The following terms and conditions govern all use of the PainChiropractor.com website and all content, services and products available at or through the website. The Website is owned and operated by Allen Ruppert. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PainChiropractor’s Privacy Policy) and procedures that may be published from time to time on this Site by PainChiropractor (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PainChiropractor, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Use of Content. Original PainChiropractor.com content may be reproduced for non-commercial purposes with credit to the source site under the terms of the Creative Commons Attribution Non-Commercial License. This allows you to reproduce or alter original PainChiropractor.com content, including quotes and screenshots, so long as our logo is displayed and credit is given. However, you may not republish images for which PainChiropractor.com may not be the copyright holder, except in the context of a screenshot of the whole site. PainChiropractor.com makes no representation or guarantee about the suitability for third-party use of content that appears on our site, and licenses only the content of which PainChiropractor.com is the copyright holder. Use of the Site’s content, including text and images, on your site, or in print, is entirely at your discretion. PainChiropractor is not responsible for any complaints regarding content or images that you choose to display on your site or in print.
  2. Web Syndication of PainChiropractor Content. Internal Links in site content must not be removed or altered. The site logo and/or URL should appear on each page displaying content from PainChiropractor.com. The format or branding of headlines, text, and other information provided in the RSS feeds must not be modified. Links back to the original site must not be removed.
  3. Print Syndication. Reproduction of screenshots from the site is permissible, without prior written approval, so long as the site logo and URL are fully visible or otherwise included. The site logo and URL must appear prominently at the top of each section displaying site content. Content will remain unedited except for the replacement of hyperlinks with full URLs. Images from the site must not be used in print without you obtaining the approprate copyright clearances yourself.
  4. Responsibility of Contributors.If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PainChiropractor or otherwise.

By submitting Content to PainChiropractor for inclusion on our Website, you grant PainChiropractor a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our blog. If you delete Content, PainChiropractor will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, PainChiropractor has the right (though not the obligation) to, in PainChiropractor’s sole discretion (i) refuse or remove any content that, in PainChiropractor’s reasonable opinion, violates any PainChiropractor policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PainChiropractor’s sole discretion. PainChiropractor will have no obligation to provide a refund of any amounts previously paid.

  1. Responsibility of Website Visitors. PainChiropractor has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PainChiropractor does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PainChiropractor disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  2. Comments. PainChiropractor.com will not accept responsibility for information posted in the Comments. The following guidelines have been established for comment users:
  • Do not pose threatening, harassing, defamatory, or libelous material.
  • Do not intentionally make false or misleading statements.
  • Do not offer to sell or buy any product or service or otherwise post comments containing material deemed as spam.
  • Do not post material that infringes copyright or any other intellectual property interest.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • Keep all comments relevant to the particular post were the comment is being made.

Once you comment, it becomes part of the public conversation. PainChiropractor.com cannot remove your comments by request. PainChiropractor.com reserves the right to remove comments and comment accounts entirely at its discretion, including for alleged violations of Terms of Use or legal rights. PainChiropractor.com is not responsible for the content of user comments. If a third party complains that yoru comment violates our Terms of Use or their rights, we will invite them to respond in the comments themselves. If they pursue the complaint, we will make reasonable efforts to contact you by the means you have provided us, to alert you to the situation. We will protect your contact information as described in our Privacy Policy, but may be compelled to turn it over pursuant to legal process.

  1. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpage’s to which PainChiropractor.com links, and that link to PainChiropractor.com. PainChiropractor does not have any control over those non-PainChiropractor websites and webpage’s, and is not responsible for their contents or their use. By linking to a non-PainChiropractor website or webpage, PainChiropractor does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PainChiropractor disclaims any responsibility for any harm resulting from your use of non-PainChiropractor websites and webpages.
  2. Copyright Infringement and DMCA Policy. As PainChiropractor asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PainChiropractor.com violates your copyright, you are encouraged to notify PainChiropractor via email of an attached pdf letter, documenting your complaint. Please include proof of copyright of the image concerned, for example, a copyright registration, details descriptions of where the photograph was taken and by whom with as many other details as you can supply to support your claim. . Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” PainChiropractor will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PainChiropractor will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PainChiropractor or others. In the case of such termination, PainChiropractor will have no obligation to provide a refund of any amounts previously paid to PainChiropractor.
  3. Intellectual Property. This Agreement does not transfer from PainChiropractor to you any PainChiropractor or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PainChiropractor. PainChiropractor.com, the PainChiropractor.com logo, and all other trademarks, service marks, graphics and logos used in connection with PainChiropractor.com, or the Website are trademarks or registered trademarks of PainChiropractor or PainChiropractor’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PainChiropractor or third-party trademarks.
  4. Advertisements. PainChiropractor.com may maintain affiliate relationships with sites. PainChiropractor may also at times include links to these affiliate sites in posts to the site. We would not do this if we did not believe it was a good program or product. We might get a commission which will help support this site. At times a company may offer incentives to our editors, like giftcards, to write a post about something PainChiropractor found useful or interesting. Our opinions are always truthful will always include both positives and negatives. In addition, our compensation will always be noted at the bottom of such an article. You may have noticed that we run paid ads at certain locations on our website. Most of these ads are randomly generated, we have no affiliation, and we do not endorse randomly generated ads. The views and opinions expressed on this blog are purely our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
  5. Changes. PainChiropractor reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PainChiropractor may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  6. Termination. PainChiropractor may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PainChiropractor.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  7. Disclaimer of Warranties. The Website is provided “as is”. PainChiropractor and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PainChiropractor nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  8. Limitation of Liability. In no event will PainChiropractor, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PainChiropractor under this agreement during the twelve (12) month period prior to the cause of action. PainChiropractor shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  9. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the PainChiropractor Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  10. Indemnification. You agree to indemnify and hold harmless PainChiropractor, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information.
  11. Miscellaneous. This Agreement constitutes the entire agreement between PainChiropractor and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PainChiropractor, or by the posting by PainChiropractor of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place inFlorida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PainChiropractor may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  12. Effective Date. This statement of the Terms of Use is effective 1/18/2012
  13. Adapted from http://en.wordpress.com/tos/ on 1/18/2012