Terms Of Service - Pain to Health

Pain to Health > Terms Of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS

THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER

TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF

YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN

PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF

SERVICE AGREEMENT IS EFFECTIVE AS OF 01-01-2020.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall

govern the relationship with our users and others which may interact or interface with The Pain To Health Center, also known as P2H, Inc., located at 664 W Veterans Parkway Unit A Yorkville, IL 60560 and

our subsidiaries and affiliates, in association with the use of the P2H, Inc. website, which includes

paintohealth.com, my.paintohealth.com (the “Site”) and its Services, which shall be

defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website which has the following description:

To provide people with the Chiropractic care they need.

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided

for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our

website and applications, which may include some mobile applications and that those

applications may be made available on various social media networking sites and numerous other

platforms and downloadable programs, are the sole property of The Pain To Health Center.

At its discretion, The Pain To Health Center may offer additional website Services and/or

products, or update, modify or revise any current content and Services, and this Agreement shall

apply to any and all additional Services and/or products and any and all updated, modified or

revised Services unless otherwise stipulated. The Pain To Health Center does hereby reserve

the right to cancel and cease offering any of the aforementioned Services and/or products. You,

as the end user acknowledge, accept and agree that The Pain To Health Center shall not be held

liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our

Services and/or products. Your continued use of the Services provided, after such posting of any

updates, changes, and/or modifications shall constitute your acceptance of such updates, changes

and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms

and policies should be made by you to ensure you are aware of all terms and policies currently in effect.

Should you not agree to the updated, revised or modified terms, you must stop using the provided

Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be

provided “AS IS” and as such The Pain To Health Center shall not assume any responsibility or

obligation for the timeliness, missed delivery, deletion and/or any failure to store user content,

communication or personalization settings.

Every member’s registration data and various other personal information are strictly protected by The Pain to Health Center Online Privacy Policy (see the full Privacy Policy at https://www.paintohealth.com/privacy-policy/ . As a member, you herein consent

to the collection and use of the information provided, including the transfer of information within

the United States and/or other countries for storage, processing or use by The Pain To Health Center and/or our subsidiaries and affiliates.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to

comply with all local rules relating to online conduct and that which is considered acceptable

Content. Uploading, posting and/or transferring of software, technology and other technical data

may be subject to the export and import laws of the United States and possibly other countries.

Through the use of our network, you thus agree to comply with all applicable export and import

laws, statutes and regulations, including, but not limited to, the Export Administration Regulations

(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of

the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).

Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government

export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)

nor a member of any other government which may be part of an export-prohibited country

identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use

of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical

or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data

which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

The Pain To Health Center shall not lay claim to ownership of any content submitted by any

visitor or user, nor make such content available for inclusion on our website Services. Therefore,

you hereby grant and allow for The Pain To Health Center the below listed worldwide, royaltyfree

and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of

The Pain To Health Center’s sites, the license provided to permit to use, distribute,

reproduce, modify, adapt, publicly perform and/or publicly display said Content on our

network Services is for the sole purpose of providing and promoting the specific area to

which this content was placed and/or made available for viewing. This license shall be

available so long as you are a member of The Pain To Health Center’s sites, and shall

terminate at such time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the

publicly accessible areas of The Pain To Health Center’s sites, the license provided to

permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display

said Content on our network Services are for the sole purpose of providing and promoting

the specific area in which this content was placed and/or made available for viewing. This

license shall be available so long as you are a member of The Pain To Health Center

sites and shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible

areas of The Pain To Health Center sites, the continuous, binding and completely sublicensable

license which is meant to permit to use, distribute, reproduce, modify, adapt,

publish, translate, publicly perform and/or publicly display said content, whether in whole or

in part, and the incorporation of any such Content into other works in any arrangement or

medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of The Pain To Health Center

sites are those such areas of our network properties which are meant to be available to the

general public, and which would include message boards and groups that are openly available to

users.

CONTRIBUTIONS TO COMPANY WEBSITE

The Pain To Health Center provides an area for our users to contribute feedback to our

website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to

our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) The Pain To Health Center shall not be liable or under any obligation to ensure or maintain confidentiality,

expressed or implied, related to any Contributions;

c) The Pain To Health Center shall be entitled to make use of and/or disclose any such Contributions in any such

manner as they may see fit;

d) the contributor’s Contributions shall automatically become the sole property of The Pain To Health Center; and

e) The Pain To Health Center is under no obligation to either compensate or provide any form of reimbursement in

any manner or nature.

INDEMNITY

All users herein agree to insure and hold The Pain To Health Center, our subsidiaries, affiliates,

agents, employees, officers, partners and/or licensors blameless or not liable for any claim or

demand, which may include, but is not limited to, reasonable attorney fees made by any third

party which may arise from any content a user of our site may submit, post, modify, transmit or

otherwise make available through our Services, the use of The Pain To Health Center Services or your connection with

these Services, your violations of the Terms of Service and/or your violation of any such rights of

another person.

COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any

commercial reason any part, use of, or access to The Pain To Health Center’s sites.

MODIFICATIONS

The Pain To Health Center shall reserve the right at any time it may deem fit, to modify, alter

and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or

without prior notice. In addition, we shall not be held liable to you or to any third party for any

such alteration, modification, suspension and/or discontinuance of our Services, or any part

thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of,

advertisers located on or through our Services, which may include the payment and/or delivery of

such related goods and/or Services, and any such other term, condition, warranty and/or

representation associated with such dealings, are and shall be solely between you and any such

advertiser. Moreover, you herein agree that The Pain To Health Center shall not be held

responsible or liable for any loss or damage of any nature or manner incurred as a direct result of

any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either The Pain To Health Center or any third parties may provide links to other websites

and/or resources. Thus, you acknowledge and agree that we are not responsible for the

availability of any such external sites or resources, and as such, we do not endorse nor are we

responsible or liable for any content, products, advertising or any other materials, on or available

from such third party sites or resources. Furthermore, you acknowledge and agree that The Pain To Health Center shall not be responsible or liable, directly or indirectly, for any such damage

or loss which may be a result of, caused or allegedly to be caused by or in connection with the

use of or the reliance on any such content, goods or Services made available on or through any

such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that The Pain To Health Center’s Services and any

essential software that may be used in connection with our Services (“Software”) shall contain

proprietary and confidential material that is protected by applicable intellectual property rights and

other laws. Furthermore, you herein acknowledge and agree that any Content which may be

contained in any advertisements or information presented by and through our Services or by

advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.

Therefore, except for that which is expressly permitted by applicable law or as authorized by

The Pain To Health Center or such applicable licensor, you agree not to alter, modify, lease,

rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic

works which are based on The Pain To Health Center Services (e.g. Content or Software), in

whole or part.

The Pain To Health Center herein has granted you personal, non-transferable and nonexclusive

rights and/or license to make use of the object code or our Software on a single

computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,

create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt

to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or

otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or

change the Software in any manner, nature or form, and as such, not to use any modified

versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access

our Services through any means other than through the interface which is provided by The Pain To Health Center for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF The Pain To Health Center SERVICES AND SOFTWARE ARE

AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED

ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. The Pain To Health Center

AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,

PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES

OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED

TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) The Pain To Health Center AND OUR SUBSIDIARIES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH

WARRANTIES THAT (i) The Pain To Health Center SERVICES OR

SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) The Pain To Health Center SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,

SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED

FROM THE USE OF The Pain To Health Center SERVICES OR

SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,

SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED

OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET

YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE

SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY

WAY OF The Pain To Health Center SERVICES OR SOFTWARE SHALL BE

ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU

SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS

AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER

AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY

LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH

INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM The Pain To Health Center OR BY WAY

OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY

NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED

VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,

ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT The Pain To Health Center AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,

EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR

ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY

DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO

THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE

LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT

SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release The Pain To Health Center (and its

officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and

any other third parties) from claims, demands and damages (actual and consequential) of every

kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,

arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages,

alerts or other information from our Services concerning companies, stock quotes, investments or

securities, please review the above Sections Warranty Disclaimers and Limitations of Liability

again. In addition, for this particular type of information, the phrase “Let the investor beware” is

appropriate. The Pain To Health Center content is provided primarily for informational

purposes, and no content that shall be provided or included in our Services is intended for trading

or investing purposes. The Pain To Health Center and our licensors shall not be responsible or

liable for the accuracy, usefulness or availability of any information transmitted and/or made

available by way of our Services, and shall not be responsible or liable for any trading and/or

investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this

TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

The Pain To Health Center may furnish you with notices, including those with regards to any

changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text

messaging, postings on our website Services, or other reasonable means currently known or any

which may be herein after developed. Any such notices may not be received if you violate any

aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of

this TOS constitutes your agreement that you are deemed to have received any and all notices

that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the The Pain To Health Center

trademarks, copyright, trade name, service marks, and other The Pain To Health Center logos

and any brand features, and/or product and service names are trademarks and as such, are and

shall remain the property of The Pain To Health Center. You herein agree not to display and/or

use in any manner the The Pain To Health Center logo or marks without obtaining The Pain To Health Center prior written consent.

& PROCEDURES

The Pain To Health Center will always respect the intellectual property of others, and we ask

that all of our users do the same. With regards to appropriate circumstances and at its sole

discretion, The Pain To Health Center may disable and/or terminate the accounts of any user

who violates our TOS and/or infringes the rights of others. If you feel that your work has been

duplicated in such a way that would constitute copyright infringement, or if you believe your

intellectual property rights have been otherwise violated, you should provide to us the following

information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the

owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has

been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your

work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not

authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned

information in your notice is truthful and accurate, and that you are the copyright or

intellectual property owner, representative or agent authorized to act on the copyright or

intellectual property owner’s behalf.

The Pain To Health Center Agent for notice of claims of copyright or other intellectual

property infringement can be contacted as follows:

Mailing Address:

The Pain To Health Center

Attn: Copyright Agent

664 W Veterans Parkway Unit A

Yorkville, IL 60560

Telephone: 630-882-9596

Fax: N/A

Email: paintohealth@gmail.com

CLOSED CAPTIONING

BE IT KNOWN, that The Pain To Health Center complies with all applicable Federal

Communications Commission rules and regulations regarding the closed captioning of video

content. For more information, please visit our website at

paintohealth.com

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and The Pain To Health Center and

shall govern the use of our Services, superseding any prior version of this TOS between you and

us with respect to The Pain To Health Center Services. You may also be subject to additional

terms and conditions that may apply when you use or purchase certain other The Pain To Health Center Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and The Pain To Health Center with regard to the

TOS that the relationship between the parties shall be governed by the laws of the state of Illinois

without regard to its conflict of law provisions and that any and all claims, causes of action and/or

disputes, arising out of or relating to the TOS, or the relationship between you and The Pain To Health Center, shall be filed within the courts having jurisdiction within the County of

Kendall, Illinois or the U.S. District Court located in said state. You and The Pain To Health Center agree to submit to the jurisdiction of the courts as previously mentioned, and agree to

waive any and all objections to the exercise of jurisdiction over the parties by such courts and to

venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should The Pain To Health Center fail to exercise or enforce any right or provision

of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of

this TOS is found by a court of competent jurisdiction to be invalid, the parties 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 TOS remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any

claim or action arising out of or related to the use of our Services or the TOS must be filed within

1 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to The Pain To Health Center as follows:

Mailing Address:

The Pain To Health Center

664 W Veterans Parkway

Unit A

Yorkville, IL 60560

Telephone: 630-882-9695

Fax: N/A

Email: paintohealth@gmail.com