PainPathways.org WEBSITE TERMS OF SERVICE

Last Updated: August 1, 2008

Welcome to PainPathways.org, the on-line voice of Pain Pathways Magazine, Inc. ("PainPathways"). PainPathways Magazine is the new voice in media with the mission to provide information and inspiration for chronic, acute and cancer pain patients and caregivers. We provide this website Terms of Service ("Terms of Service") because it is important for you to understand the rights you have and the rights we have in providing this platform for collaboration, communication, discussion and dialogue. Some things in these Terms of Service might surprise you because they are different than other web sites. For example, we let you keep your ownership rights in any and all content you provide to our service. So please read through this carefully, and if you have a moment to share, let us know what you think.

1. ACCEPTANCE OF TERMS OF SERVICE

By accessing, browsing, or otherwise using the www.PainPathways.org website (the "Service") you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.

2. DESCRIPTION OF THE SERVICE

General Description. The Service is a collaborative website that allows PainPathways.org members to share their ideas and interests with the PainPathways community. Through the Service you are able to vote and comment on content found in PainPathways Magazine and on this website. Right to Modify Service. PainPathways reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any content (whether submitted by PainPathways or by a member) for any reason, without prior notice or liability. Changes to these Terms of Service. PainPathways reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, http://www.PainPathways.org/about/terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the PainPathways.org website. If we make changes, we will post them and will indicate the Terms of Service effective date. We will also email the new Terms of Service to the email address provided by registered members in their member profile. Your continued use of the Service indicates your acceptance of the current Terms of Service as modified or amended.

3. MEMBER CONDUCT

Conditions of Use. As a condition of use, you agree to all of the following:

You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes. As a condition of registering with the Service, you are required to select a username ("Username") and password. While PainPathways will keep your Username and password confidential in accordance with its Privacy Policy, you are responsible for maintaining the confidentiality of your Username and password. You are responsible for all activity that occurs under your Username. You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your Username. You must not harass, threaten, impersonate, or intimidate other PainPathways members. You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation. You must not transmit any worms or viruses or any code of a destructive nature. You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws). You must not use the Service for any illegal or unauthorized purpose. If you are an international member, you agree to comply with all local laws regarding online conduct and acceptable Content. You must not create multiple member accounts with the intention of artificially inflating ratings or exploiting other features in the Service.

4. PAINPATHWAYS' CREATIVE COMMONS LICENSE.

Unless otherwise noted on this site, all content created, authored, posted, or offered by PainPathways on the Service is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License. You can read more about the Creative Commons, and the details of our license, at this link:
http://creativecommons.org/licenses/by-nc-nd/2.5/

5. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE

The Service permits you to share your own pictures, texts, or other content ("Content") with members of the Service by uploading your Content to the Service. Because you own that Content, we need to license certain rights from you so that we can provide the Service. License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you grant PainPathways a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees. You also expressly acknowledge and agree that PainPathways shall have the right to grant a Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License ("CC License"), available at http://creativecommons.org/licenses/by-nc-nd/2.5/, for all Content posted on or through the Service, including Content you post on or through the Service. In cases where PainPathways licenses content through a CC License, you agree that any attribution required under the CC License shall be at minimum to the Service, in addition to attribution to the Username associated with the Content. Links to Other Sites and Resources. The Service contains links to other websites or resources. PainPathways has no control over such external sites and resources. You agree that (i) PainPathways is not responsible for the availability or accuracy of such external sites and resources, and (ii) PainPathways does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources. Inappropriate Member-Submitted Content. PainPathways prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) PainPathways is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such content.

6. COPYRIGHT POLICY

We respect the intellectual property rights of others, and we ask that our website visitors do the same. It is our policy to disable access to or remove material that we believe in good faith to be actually or potentially infringing on a copyrighted or otherwise intellectually protected work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works.
Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at www.PainPathways.org/about/copyright. By accepting the Terms of Service, you agree to be bound by our Copyright Policy.

7. PRIVACY POLICY

PainPathways takes the privacy of its members very seriously. Our Privacy Policy is available at www.PainPathways.org/about/privacy. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.

8. INDEMNITY

By accepting the Terms of Service, you agree to indemnify and hold PainPathways and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service (including our Copyright Policy and Privacy Policy), and/or your violation of any rights of another.

9. WARRANTY DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY PAINPATHWAYS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PAINPATHWAYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PAINPATHWAYS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PAINPATHWAYS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAINPATHWAYS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

10. LIMITATION OF LIABILITY

YOU AGREE THAT PAINPATHWAYS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PAINPATHWAYS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. TERMINATION

PainPathways reserves the right to terminate your PainPathways.org membership immediately, without prior notice or liability, for any reason. If PainPathways terminates your membership, your right to use the Service will immediately cease.

You can terminate your PainPathways.org membership at any time and for any reason, and we will make available through the Service reasonable means for you to do so.

All relevant terms of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

12. MISCELLANEOUS

A cash refund, if warranted, will be issued to paid subscribers upon written request to PainPathways Magazine's customer service department: GDMcustserv@cds-global.com.

Refunds are calculated based on the prorated value of un-served issues to the subscriber. For example: If 3 of 6 copies have been served (delivered) then 50% of the subscription fee will be refunded.

Entire Agreement: The Terms of Service, including PainPathways' Copyright Policy and Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and PainPathways and governs your use of the Service, superseding any prior agreements between you and PainPathways.

Governing Laws: The Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any legal action filed to enforce rights or remedies provided herein must be filed in the State or Federal Courts of Forsyth County, North Carolina.

Dispute Resolution: Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Terms of Service may be commenced until the matter has been submitted to non-binding mediation in North Carolina. The parties agree that any such mediation shall take place in Winston-Salem, North Carolina. Either party may commence mediation by providing to the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with Dispute Resolution, Inc. and with one another in selecting a mediator employed by Dispute Resolution, Inc., and in scheduling the mediation proceedings. The parties’ covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any Dispute Resolution, Inc. employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered.

Waiver and Severability: The failure of PainPathways to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices: PainPathways may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email and/or by postings on the Service (for example, on the relevant page(s) of the Service affected by such changes).

Trademarks: PainPathways, the PainPathways logo, and other PainPathways logos and names are trademarks of PainPathways. You agree not to display or use these trademarks in any manner without PainPathways' prior, written consent.

Contact Information: Please send any questions or comments, or report any Terms of Service violations, to webeditor@PainPathways.org.