Last Revised Date: February 2019
Information About the Site; Copyright
The Site is operated by BioSpine (“BioSpine”). The Site and information contained on the Site is protected by copyright and other intellectual property rights. You may not create modified versions of the content of the Site, or copy the Site, without our prior written permission. You may not use information from the Site for commercial purposes without permission.
Not Medical Advice
The Site is not intended to provide medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Information on this Site is intended to help you become informed about health care issues. Information on this Site is generalized and does not take into account individual differences. Use of this Site does not create a provider-patient relationship. You should not disregard any advice or treatment from your health professional based on information on this Site.
No Warranty; No Liability
All information contained on, or accessible through, this Site is provided to you on an “as is” basis. BioSpine does not warrant that it is accurate, complete, current, or reliable. To the fullest extent permitted by law, BioSpine disclaims all warranties, either express or implied, statutory or otherwise. You should not rely on information on the Site, and you use the Site at Your own risk. We disclaim all liability related to your use of the Site, or Your inability to use the Site. In the event this disclaimer of damages is not enforceable, damages shall be limited to $1.00 USD.
You may be permitted to upload certain information or content onto the Site. By uploading information onto the Site, You certify that You have the right to upload the information. Information uploaded onto the Site is not confidential, and You grant to us an unlimited, perpetual, royalty free, fully paid-up, worldwide license to use that information for any purpose, in any format or media. We have the right to disclose Your identity and location to any third party who claims that any material uploaded or posted by You infringes any intellectual property right, or breaches any confidentiality or privacy right. We are not responsible or liable for the content or accuracy of any content posted by You or any other user of the Site. We have the right to remove any content or information posted on the Site at any time.
Any content or information posted on the Site by a user must:
- Not be illegal, inflammatory, defamatory, obscene, or hateful
- Not promote violence
- Not be sexually explicit
- Not promote discrimination based on race, religion, gender, nationality, disability, age, or similar characteristics
- Not infringe or breach the rights of any third party
- Not threaten, abuse, harass, embarrass, alarm, or seek to annoy another person
- Not seek to incite another to engage in any of the prohibited behaviors
- Not seek to sell goods or services of a third party
- Not misrepresent the source of the information
- Be truthful, fair and appropriate given the nature and purpose of the Site to educate and support the attainment of health and healthy behaviors
Permitted Uses of the Site
The Site may be used only for lawful purposes. The Site may not be used:
- To violate the law
- To harm or defraud anyone
- To send or transmit materials that could not be uploaded as content
- To transmit unsolicited promotional or advertising materials or spam
- To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks
- To participate in a denial of service or other activity that is intended or likely to disrupt the efficient operation of the Site or any other website or computer network.
Linking and Framing
You may place a link from the Site’s home page on another website, in a fair and legal manner, so long as the link does not adversely affect the reputation of BioSpine or the Site. The link may not suggest any endorsement or approval of the other website by BioSpine. You may not link to another page on the Site. You may not frame the Site on any other website.
Links to Other Websites
Enforcement of Terms
We have the right to determine whether there has been a violation of these Terms. If we determine the Terms have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):
- Immediate termination of Your right to use the Site. The termination may be temporary or permanent.
- Immediate removal of any content posted by You to the Site.
- Issuance of a warning or other communication to You.
- Legal proceedings against You, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of Your violation of the Terms.
- Other forms of legal proceedings against You.
- Referral to law enforcement agencies for further action.
We will not be liable for any damages which You may suffer as a result of the foregoing actions.
DMCA Take-Down Notice
BioSpine will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials posted or displayed on or accessible on or through the Site infringe Your copyright, You may request removal of those materials (or access thereto) from the Site by submitting written notification to the BioSpine Intellectual Property Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact You (such as Your name, mailing address, telephone number, and, if available, an e-mail address);
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
BioSpine’s designated Intellectual Property Agent to receive DMCA Notices can be contacted at: firstname.lastname@example.org
If You fail to comply with the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.
If You knowingly materially represent that content on the Site is infringing Your copyright, You may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Jurisdiction and Applicable Law
The law of the State of Florida will apply to all proceedings related to the Site and these Terms.
Changes to the Terms & Use
We have the right to change, amend and modify the Terms at any time. We will post the revised Terms on the Site, with a changed “Revision Date”. You are expected to check this page from time to time for changes to the Terms, as they are binding on You. If You have questions, we can be contacted at [insert “Contact Us” information].