Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MY PAIN SENSEI.
These terms and conditions cover all the services we provide to you through our mobile application and our website mypainsensei.com. You will be asked to accept these terms as part of the user registration process.
By using My Pain Sensei, you signify your assent to these terms and conditions. If you do not agree to all of these terms and conditions, do not use My Pain Sensei!
We may revise and update these terms and conditions at any time. Your continued usage of My Pain Sensei will mean you accept those changes.
We Do Not Provide Medical Advice
Our service is intended to provide general educational information and to help users better utilize their own health care services. We do not provide medical advice.
The contents of My Pain Sensei, such as text, graphics, images, information obtained from our licensors, and other material provided by My Pain Sensei (“Content”) are for informational purposes only. The Content is not intended to be 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 the Websites!
If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by My Pain Sensei. Reliance on any information provided by us, our employees, others appearing at our invitation, or other visitors to My Pain Sensei is solely at your own risk.
We are committed to protecting the privacy of children. You should be aware that My Pain Sensei is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Materials
All materials available through My Pain Sensei are protected by the copyright laws in the United States and in foreign countries. We authorize you to view or download a single copy of such material solely for your personal, noncommercial use if you include the copyright notice located at the end of the material. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible through our website or mobile app may be included elsewhere within the website or mobile app and are incorporated by reference into these terms and conditions
Title to the materials remains with us or our licensors. Any use of the materials not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in our editorial discretion. All rights not expressly granted herein are reserved to us and our licensors.
If you violate any of these terms and conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
The use of My Pain Sensei is at your own risk.
When using My Pain Sensei, information will be transmitted over a medium that may be beyond the control and jurisdiction of us and our suppliers. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of My Pain Sensei.
My Pain Sensei and the Content are provided on an “as is” basis. WE, OUR LICENSORS, AND OUR SUPPLIERS, 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 PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, our licensors, our suppliers, or any third parties mentioned by My Pain Sensei 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 of or inability to use My Pain Sensei or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, our suppliers, or any third parties mentioned by My Pain Sensei are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned by My Pain Sensei shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. We, our licensors, our suppliers, or any third parties mentioned by My Pain Sensei are not liable for any personal injury, including death, caused by your use or misuse My Pain Sensei, Content, or Public Areas (as defined below). Any claims arising in connection with your use of My Pain Sensei, any Content, or the Public Areas 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.
My Pain Sensei contains functionality (such as message boards, blogs, etc.) that allows users to upload content to My Pain Sensei (collectively “Public Areas“). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any mediLink to My Pain Sensei, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or our website.
By uploading any media like a photo or video, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes us to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify our company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
We reserve the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion
We have several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. You grant us and all other persons or entities involved in the operation of My Pain Sensei the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of My Pain Sensei. We cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using our tools and services.
My Pain Sensei Community and Member to Member Areas (“Public Areas”)
If you use a Public Area, such as message boards and blogs, or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. We and our licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions will constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or My Pain Sensei, or which, in our judgment, exposes us or any of our customers or suppliers to any liability or detriment of any type.
We reserve the right (but are not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms;
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the communication(s);
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
- Terminate a user’s access to any or all Public Areas and/or the My Pain Sensei upon any breach of these Terms and Conditions;
- Monitor, edit, or disclose any communication in the Public Areas;
- Edit or delete any communication(s) posted on My Pain Sensei, regardless of whether such communication(s) violate these standards.
We and our licensors have no liability or responsibility to users of the My Pain Sensei or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
We may provide links to third-party web sites. We also may select certain sites as priority responses to search terms you enter, and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within My Pain Sensei, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We not endorse any product, service, or treatment advertised on My Pain Sensei.
You agree to defend, indemnify, and hold our company, 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.
We designed My Pain Sensei in compliance with the laws of the United States. We make no claims that My Pain Sensei and the Content are 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 My Pain Sensei from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the My Pain Sensei site or mobile device application, resides in the courts of the State of California located in the County of Los Angeles and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. 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.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from My Pain Sensei infringe your copyright, you may request removal of those materials (or access thereto) by contacting our’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this web site is as follows:
888 - 3rd Street S.W.
Calgary, AB, T2P 5C5