Terms & Conditions

PLEASE READ THESE PAINOSOMA TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Website terms of use (“Terms”) apply to your use of this Website and any and all services offered by Painosoma (“Website”). Any reference to ‘you’ or ‘your’ is a reference to you as a User of Painosoma Website or service. These Terms of Use are a legally binding co ntract between you and Painosoma regarding your use of the Website or service.

By using our Website, you indicate that you have read and accept these Terms and agree to abide by and be bound by all such Terms. If you do not accept all applicable Terms, please refrain from using our Website. Please note that we may change these Terms from time to time without notice so you should review them each time that you visit this Website.

In addition to these Terms, Painsoma Website may have supplementary terms and conditions which apply to the Website(s) on which they appear or the services available on the Website (“Additional Terms”).

YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE WEBSITE OR SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PAINOSOMA’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES PAINOSOMA MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS“).

Medical Disclaimer

Painosoma Does Not Provide Medical Advice.

The contents of our Website, such as graphics, text, images, and other materials created by Painosoma or obtained from Painosoma licensors, and other materials contained on our Website (collectively, “Content”) are for informational purposes only. The Content is not intended to be an alternative for professional medical advice, diagnosis, or treatment. Always ask for the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never ignore professional medical advice or delay in seeking it because of something you have read on our website.

If you think you may have an emergency, call your doctor or 911 immediately. Painosoma does not recommend or approve any specific tests, physicians, procedures, products, opinions, or other information that may be mentioned on our Website. Reliance on any information provided by Painosoma, Painosoma employees, others appearing on the Website authorized by Painosoma, or other visitors to the Website is solely at your own risk.

Clinical Support Information

Painosoma may give information for the User’s assistance in clinical decision-making. This may comprise information concerning general health-care related information and resources. You as a User of Painosoma accept that the information and materials available through our website and Services are for informational and educational purposes only and are not intended to represent any professional advice, diagnosis or treatment. Information may be placed in our services by us, or by authorized third parties. Painosoma is not responsible for the completeness or accuracy of the information available from or through the Services. You as a User assume responsibility and full risk for the use of information you obtain from or through the PAINOSOMA Services, and neither PAINOSOMA nor any of our licensors or data providers are liable or responsible for any claim, loss, or liability arising from the use of the information. You will assess the definitions, functionality, and limitations of our Services, and make an independent determination of their suitability for your use.

PAINOSOMA AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY AS TO THE QUALITY, SUITABILITY AND ACCURACY OF THE INFORMATION PROVIDED BY THE PAINOSOMA SERVICES FOR ANY PURPOSE

Liability of Painosoma and its Licensors

The use of our Website and the Content is at your own risk.

When using our Website, information may be transmitted over a medium that may be beyond the control and jurisdiction of PAINOSOMA and its suppliers. As a result, We assumes no liability for or relating to the delay, interruption, failure or corruption of any data or other information transmitted in association with the use of our website.

The PAINOSOMA WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. PAINOSOMA, ITS LICENSORS, AND ITS 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 PARTIE’S RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PAINOSOMA, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

  1. The accuracy, completeness, reliability, correctness, or timeliness of our content, software, links, or communications are provided on or through the use of our website.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on our website.

In no event shall Painosoma, its licensors, its suppliers, or any third parties mentioned on our website be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, personal injury/wrongful death, or damages resulting from business interruption or lost data) resulting from the use of or inability to use the website or the Content, whether based on warranty, tort, contract, or any other legal theory, and whether or not Painosoma, its licensors, its suppliers, or any third parties mentioned on the Painosoma website are advised of the possibility of such damages. Painosoma, its licensors, its suppliers, or any third parties mentioned on our website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Painosoma, its licensors, its suppliers, or any third parties mentioned on the website are not liable for any personal injury, including death, caused by your use or misuse of the website, content, or public platform.

Eligibility

You as a User must be 18 years of age or older to register, use the Painosoma Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Painosoma that you as a User are 18 years of age or older, your registration and your use of the Painosoma Service are in compliance with any and all laws and regulations and that you have the right, authority and capacity to use the website and the services available through the Website and agree to and abide by this agreement.

Ownership / Intellectual Property of the Website

The Website contains content owned or licensed by Painosoma (“Painosoma Content”). Painsoma is the owner or the licensee of all intellectual property rights on this Website. All such rights are reserved in full. Website status (and of any contributors) as the authors of content on the website shall always be acknowledged. Painosoma owns and retains all rights to the Painosoma content. You as a User will not remove, conceal or alter any copyright, trademark, service mark or other proprietary rights notices accompanying or incorporated in Painosoma Content and you will not reproduce, adapt, modify, prepare derivative works based on, perform, publish, display, distribute, transmit, sell, broadcast, license or otherwise exploit the website or content.

The Painosoma name and logo are trademarks of Painosoma, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Painosoma. In addition, all custom graphics, button icons and scripts are service marks, trademarks or trade dress of Painosoma, and may not be copied, used or imitated, in whole or in part, without prior written permission from Painosoma.

Acceptable Use

Except as otherwise explicitly provided in these Painosoma terms or as may be expressly permitted by applicable law, you as a User will not, and will not permit or authorize third parties to:

(a) rent, lease, or, except as explicitly set forth in these Painosoma Terms, otherwise permit third parties to use the Painosoma Services;

(b) use the Painsoma Services to provide services to third parties as a service or in any way that violates applicable law;

(c) disable any security or other technological features or measures of the Painosoma Services, or attempt to scan, probe, or test the vulnerability of a network or system, or to breach security or authentication measures;

(d) upload on Painosoma or provide for processing any material or information that is false, misleading, defamatory, illegal, libelous, abusive, offensive, obscene, or that violates any applicable law or the privacy or intellectual property rights of any third party, or that contains any medical or health information of any individual or any information of any person under the age of 13 without the express, prior, written consent of such persons’ legal guardian;

(e) use the Painosoma Service to harm, harass or threaten another person or organization;

(f) send, store, or distribute any viruses, worms, Trojan horses, or other disabling code or malware component harmful to a network or system;

(g) attempt to scan, probe or test the vulnerability of the Painosoma Services or any of Painosoma systems or network or breach any security or authentication measures;

(i) mislead recipients as to your (User) identity, create a false caller ID (e.g. ID spoofing), forge addresses or headers, or fraudulently undertake other technical measures to misrepresent the identity of the sender;

(j) use, display, “frame” or “mirror” any part of the Painosoma Services, Painosoma names, any of Painosoma trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from Painosoma.

You as a User will not copy, reproduce, translate, enhance, modify, decompile, disassemble, reverse engineer, or create derivative works of the Painosoma Service or its underlying software. You will neither remove nor alter any Painosoma trademark, copyright notice, or other Painosoma proprietary rights notice that may appear in any part of the Painosoma Service and will include all such notices on any copies. 

Accounts

You as a User represent and warrant all information you provide to Painosoma (such information, “Account Information”) is complete, true and current and accurately written in the Painosoma Service Order and invoices or statements received from Painosoma or our Affiliates. Furthermore, if a change occurs such that Account Information is no longer complete, current, true or accurate, you shall promptly inform Painosoma of such change in writing.

User Content and Submissions

The User’s personal information you submit to Painosoma is governed by Painosoma Privacy Policy.

The website contains the functionality and other interactive Platform, including blogs, user reviews on the Physician Directory, user reviews of drug information, etc. (collectively “Painosoma Public Platform”) that allow users to upload content and other information, including comments, questions, images, reviews, and other materials (the “User Content”).  Users may also upload User Content via our official brand presence on Painosoma social media pages and branded hashtags, including, without limitation Painosoma’s Facebook, Twitter, YouTube, Instagram, Google Plus,  and Pinterest, (collectively “Painosoma Social Media Pages”). You agree that you as a User will not post, upload, or transmit any communications or User Content of any type to the Painosoma Public Platform or Painosoma Social Media Pages that violate any rights of any party. By submitting communications or User Content to the Painosoma Public Platform or Painosoma Social Media Pages, you as a User agree to comply with these Terms and Conditions and other applicable policies.

Painosoma reserves the right to remove user Content for any reason; including User Content that we believe infringes these Painosoma Terms and Conditions or our other policies. By submitting any communications or User Content to the Painosoma Public Platform or Painosoma Social Media Pages, you as a User further agree that such submission is non-confidential for all purposes. It is important to note that PAINOSOMA is not accountable for the operation, terms of use or policies of any Painosoma Social Media Pages. Before using any Painosoma Social Media Pages you should review its terms of use and policies, including its privacy policy.

If as a User, you make any submission or post User Content to a Painsoma Public Platform or a Painsoma Social Media Page or if you submit any business information, idea, concept or invention to PAINOSOMA by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Painosoma a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sub-licensable right and license to use, create, reproduce, derivative works from, modify, adapt, edit, translate, publish, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. If as a User, you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Painosoma Public Platform or Painsoma Social Media Pages or to Painosoma by email. We try to answer every email in a timely manner, but are not always able to do so.

Third Party Websites

Painosoma is not liable or responsible for any third-party content on Painosoma Website. Third-party content includes, for example, comments, blogs and articles posted by any third parties, and the content of advertisements and applications posted by other third parties.

 Before using any content from the Third Party Websites, you as a User of Painosoma are required to ascertain whether any third party rights within all images, photographs, diagrams, or other illustrative material which are incorporated within such an article is not being owned by the authors or Painosoma, that these are cleared independently and appropriately with the relevant owner.

Modification of the terms

Painosoma works hard to continuously make progress and enhance its Services. Some of these improvements and enhancements may result in changes to these PAINOSOMA Terms. PAINOSOMA may update or change these Services, or the sections set forth in these Terms from time to time and recommend that you as a User review these Terms regularly. You as a User understand and agree that your continuous use of Painosoma Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. The most current version of the Painosoma Terms shall govern and supersede all previous versions of the Terms.

Violations

Painosoma reserves the right to monitor any and all use of Painosoma Services, and investigate any activity we suspect violates these Painosoma Terms, our rights or interest, or the rights or interests of any person or entity. Painosoma reserves the right, to the fullest extent permitted by law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for instance, a user threatens to physically harm another user or any other person, Painosoma reserves the right to fully cooperate with law enforcement entities and the threatened person. You as a User hereby consent to our cooperation in such investigation.

Confidentiality

The Receiving Party shall (i) not to disclose or use any Painosoma Confidential Information for any purpose outside the scope of the Agreement, and (ii) limit access to Painosoma Confidential Information to those of its Affiliates and its and their employees, contractors and agents who need such access for purposes consistent with the Agreement and who are bound by confidentiality restrictions no less stringent than those herein. Notwithstanding the foregoing, Painosoma may disclose your Confidential Information to the extent we believe it is reasonably necessary to comply with any court order or the law. Within thirty (30) days following the expiration or earlier termination of the Agreement, to the extent Receiving Party possesses or controls any Disclosing Party’s Confidential Information, Receiving Party shall destroy or otherwise purge from Receiving Party’s systems such Painosoma Confidential Information, provided that Painosoma may maintain one copy of any such Painosoma Confidential Information if we determine, in our sole discretion, that the maintenance of such Confidential Information is necessary to comply with applicable laws or regulations. We may freely use any feedback or suggestions that are provided regarding the Services.

Indemnification

You as a User shall indemnify, defend and hold harmless Painosoma and any of its affiliates, officers, employees, directors, representatives, agents, partners and licensors from and against any and all claims, proceedings, actions, suits, liabilities, damages, settlements, fines, penalties, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of Painosoma Website or Services.

Limitation of Liability

IN NO EVENT SHALL PAINOSOMA OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR PAINOSOMA’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF USE,  OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU AS A USER MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE PAINOSOMA TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.

Termination

Painosoma may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, Painosoma shall have the right to immediately terminate your access to the Website in the event of any conduct by you which Painosoma in our sole discretion, consider unacceptable, or in the event of any breach by you of these Terms.

Copyright Infringement Policy

Painosoma takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our contact information designated below

The Notice shall 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 on the Website, 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 (including your name, postal address, telephone number, and, if available, email 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.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Miscellaneous

  1. Survival: In the event of termination or expiration of these Painosoma Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Painosoma Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
  2. Severability: If any term or provision in these Painosoma Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Painosoma Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
  3. Unenforceability: If any provision of these Painosoma Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Painosoma Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Painosoma Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
  4. Force Majeure:You as a User understand and acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Painosoma’s control, and thus Painosoma will not be responsible for any delays, failures, or damages associated with the Platform which result from any system delays, downtimes, interruptions or other failures of or problems with the Platform which are outside of Painosoma’s control. Painosoma will not be deemed to be in breach of or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of Services, including failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or another disaster.
  5. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Painosoma Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Painosoma Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
  6. No Transfer: This Agreement and the rights and obligations set forth herein may not be transferred or assigned by operation of law or otherwise without the consent of each party hereto. This Agreement between you as a User and Painosoma is binding upon and will inure to the benefit of the parties hereto and their respective successors and permitted assigns.
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