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Terms of Use
| General | | ProlotherapyMD.com ("ProlotherapyMD.com" or "we") provides its services (collectively, "Services") subject to your compliance with the terms and conditions in this Terms of Use Agreement ("Agreement"). This Agreement sets forth acceptable practices for each Customer of ProlotherapyMD.com's Services and applies both to Customer and any of Customer's users who gain access to the Service through Customer's account. This Agreement supplements and explains certain terms of Customer's master service agreement or equivalent contract with ProlotherapyMD.com. |
| Rights of ProlotherapyMD.com | | ProlotherapyMD.com disclaims any intention to censor, edit or engage in ongoing review or surveillance of the content, communications or other material stored on, transmitted through, or otherwise made available its facilities by customers or others. While it is not ProlotherapyMD.com's intent to control or monitor the substance of Customer's on-line activities or the content of Customer's on-line communications, we reserve the right to edit, remove, or block access to, any content, communications or other material, including but not limited to content, communications or other material that we deem to be in violation of this Agreement or that we otherwise believe is harmful, offensive or objectionable to, or poses actual or potential legal risk to ProlotherapyMD.com, any customers or any other third party.
You are responsible for any activities undertaken through use of your password access. If you, the Customer engages in conduct while using the Service that is in violation of this Agreement or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the Customer's access to the Service. In most cases, we will attempt to notify Customer of any activity in violation of this Agreement and request that the Customer cease such activity; however, in cases where the viability or security of the ProlotherapyMD.com network, or the network of ProlotherapyMD.com's suppliers, or that of our other customers, is threatened, or in cases that, in our reasonable judgment, require immediate attention (including, without limitation, cases involving unsolicited commercial e-mail/SPAM, mail relaying, alteration of Customer's source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement), we reserve the right to suspend Customer's Service or Customer's access to the Service without notification. The word "network" as used above includes any and all infrastructure components, including any computing facility, hardware, software, data, and other resources forming part of or tied to such components. In addition, we may take any other appropriate action, legal or otherwise, against Customer for violations of this Agreement, which may include termination of the Service.
We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including Customer, for any violation of this Agreement. |
| Prohibited On-Line Conduct | | Customer is encouraged to exercise good judgment and common sense while using the Service in order to avoid inappropriate conduct. The categories of conduct listed below define the actions which ProlotherapyMD.com considers to be strictly prohibited. The categories and examples in each category, however, are intended merely to serve as guidelines regarding appropriate and inappropriate conduct and are not exhaustive. Please note that the actions listed below also are not permitted from other Internet service providers on behalf of, or to advertise, any service hosted by ProlotherapyMD.com. |
| Unauthorized Access/Interference | | Customer may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information (including, without limitation, any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network). A Customer may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A Customer may not attempt to gain unauthorized access to the user accounts, encryption key material, digital certificates, security tokens, or passwords of other users or Customers. |
| Violation of Privacy Rights of Others | | Customer may not use the Service to monitor any data, information, traffic, or communications on any network or system without authorization, or otherwise engage in any activities or actions that would violate the personal privacy rights of others, including, without limitation, collecting and distributing information about Internet users without their permission, except as permitted by applicable law. |
| Unsolicited Commercial Email/Spamming/Mailbombing | | Customer may not use the Service to transmit "Unsolicited Commercial E-mail". Unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient constitutes Unsolicited Commercial E-mail ("UCE") and is prohibited. In addition, use of the Services to deliberately send excessively large attachments to one recipient, or to effect any "spamming," "mailbombing," broadcast attacks, and any deliberate attempts to overload a system are also prohibited. Use of the service of another provider to send UCE, spam or mailbombs, to promote a site hosted on or connected to the ProlotherapyMD.com system is similarly prohibited. Likewise, Customer may not use the Service to collect responses from mass unsolicited e-mail messages. |
| Spoofing/Fraud | | Customer may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the Customer for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify Customer's identity in connection with use of the Service is prohibited. |
| E-Mail Relay | | Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited. |
| USENET Postings | | All postings to USENET groups must comply with that group's charter and other policies. Customer is prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited. |
| Illegal Activity | | Customer agrees to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization, and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. |
| Customer Responsibilities Regarding the Agreement | | If Customer becomes aware of any of the foregoing prohibited activities, Customer will use best efforts to remedy such prohibited activities immediately, including, if necessary, limiting or terminating users' access to Customer's online facilities. Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in this Agreement, may result in suspension or termination of the Customer's access to and use of the Service.
It is (and you are hereby notified that it is) ProlotherapyMD.com's policy to terminate any subscriber, account holder, user or customer who repeatedly engages in any unlawful action, including copyright infringement, or otherwise repeatedly poses actual or potential legal risk to ProlotherapyMD.com, any customer or any other third party.
All Customers must use and implement rules for their websites that are at least as restrictive as this Agreement. A Customer's failure to do so will constitute a breach of this Agreement and constitute grounds for suspension or termination of the Service at ProlotherapyMD.com's reasonable discretion. |
| Claims of Copyright Infringement | | The Digital Millennium Copyright Act of 1998 (the "DMCA") may provide recourse for copyright owners who believe that material appearing on the Internet or other digital on-line services infringes their rights under U.S. copyright law. If you believe in good faith that material stored or residing on a system or network controlled or operated by or for ProlotherapyMD.com infringes ("Company Site") your rights under U.S. copyright law (or that ProlotherapyMD.com refers or links users to such infringing material), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works);
(c) identification of the material which is claimed to be infringing or the subject of infringing activity and for which removal or blockage of access is sought, and information reasonably sufficient to allow ogictier to locate the material on the Company Site;
(d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ProlotherapyMD.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to ProlotherapyMD.com or the Company Site should be sent to:
Legal Department
ProlotherapyMD.com
50 S. Medical Dr, Suite 1
Payson, UT 84651
legal@prolotherapymd.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. |
| Cooperation with Investigations | | We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. |
| Modifications | | We reserve the right to modify this Agreement from time-to-time in our sole discretion. We will notify Customer of any such modifications via e-mail notification and by posting a revised copy of the Terms of Use on our Web site. |
| INDEMNITY | | You agree to indemnify and hold harmless ProlotherapyMD.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any damage, loss, liability or cost (including reasonable attorneys' fees) relating to any claim or demand made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another. |
| DISCLAIMER OF WARRANTIES | | YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ProlotherapyMD.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ProlotherapyMD.com MAKES NO WARRANTY THAT (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SITE OR SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. |
| LIMITATION OF LIABILITY | | YOU EXPRESSLY UNDERSTAND AND AGREE THAT ProlotherapyMD.com SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ProlotherapyMD.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. |
| MISCELLANEOUS | | The Terms of Use constitute the entire understanding between you and ProlotherapyMD.com relating to your use of the Services, superseding any prior agreements between you and ProlotherapyMD.com relating to such use. The Terms of Use and the relationship between you and ProlotherapyMD.com shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and ProlotherapyMD.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo. The failure of ProlotherapyMD.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you and ProlotherapyMD.com nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
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