The Spine Patient Society™ (SPS) is an Internet-based online information and communication service (the “Agreement”). BY ACCESSING OR USING THE SPS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SPS. THE SPS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE SPS SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. DISCLAIMER

The information contained in the SPS is presented for the purpose of educating spine patients on issues and topics relating to spine disorders. Nothing contained in the SPS is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained in the SPS is not exhaustive. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in the SPS.

The information contained in the SPS is compiled from a variety of sources (”Information Providers”). Neither the SPS nor Information Providers directly or indirectly practice medicine or dispense medical services as part of the SPS.

The SPS SERVICES AND the SPS SOFTWARE AND INFORMATION ACCESSED through the SPS (the “SERVICES”) ARE provided “AS IS” without warranty, express or implied. The SPS hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties, which extend beyond the description on the face OF THIS AGREEMENT. The SPS and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. The SPS and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. The SPS and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. The SPS and Information Providers do not warrant or guarantee that the functions or Services performed in the SPS will be uninterrupted or error-free or that defects in the SPS will be corrected. Users of the SPS are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the SPS for the reconstruction of any lost data.

2. OTHER SITES

You are encouraged to use discretion while browsing the Internet on searches initiated at the SPS. The SPS links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites, which contain inaccurate information, false or misleading advertising, or information, which violates copyright, libel or defamation laws. The SPS and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed, given the number of results from any browsing which starts with a SPS link that would be practically impossible).

3. REVIEW OF POSTINGS & UPLOADS

The SPS does not and cannot review all communications and materials posted or uploaded to the SPS and is not responsible for the content of these communications and materials. However, the SPS reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to the SPS. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

4. LIMITED LICENSE

By this Agreement, the SPS grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the SPS in real time and to use the materials in the SPS in a manner consistent with paragraph 11 (Copyright) below.

5. USER’S AGREEMENT

You agree to: (a) maintain all equipment required for your access to and use of the SPS; (b) maintain the security of your user identification, password and other confidential information relating to your SPS account; and (c) be responsible for all charges resulting from use of your SPS account, including unauthorized use prior to your notifying the SPS of such use and taking steps to prevent its further occurrence by changing your password.

6. ON-LINE COMMUNICATIONS

6.1 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by the SPS. The SPS cannot and does not screen content provided by you to SPS. Notwithstanding the foregoing, the SPS reserves the right to monitor content on SPS and to remove content, which the SPS, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or the SPS’s operating policies for users of the SPS (”Users”).

6.2 You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use the SPS as permitted by this Agreement, the SPS’s operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the SPS area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). The SPS’s operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards (“BBSs”) and other matters are available online at spinepatientsociety.org/forum. The SPS reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

6.3 You are responsible for your communications and your use of the SPS. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to the SPS with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the SPS to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by the SPS); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the SPS; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the SPS; (m) use the SPS in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to the SPS the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by the SPS); (o) falsely purport to be an employee or agent of the SPS (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of the SPS, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of the SPS to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in the SPS, nonetheless, the SPS reserves the right to take such action as it deems appropriate in cases where the SPS is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on the SPS, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

7. PRIVACY POLICY

The SPS considers its users’ privacy to be of the utmost importance. Please see our Privacy Statement for a detailed description of our information gathering and dissemination practices for the SPS website.

8. OPERATION

The SPS reserves complete and sole discretion with respect to the operation of the SPS. The SPS may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by the SPS’s policies; (b) subject to Section 6, make available to third parties information relating to the SPS and Users; and (c) withdraw, suspend or discontinue any functionality or feature of the SPS.

The SPS may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. The SPS will not review the contents of email or private messages except as required or allowed by applicable law or legal process.

9. USER REPRESENTATIONS

You represent and warrant that you are at least 13 years of age and that you possess the legal right and ability to enter into this Agreement and to use the SPS in accordance with this Agreement. You agree to be financially responsible for your use of SPS (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

10. CONTENT

Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on the SPS are not authorized SPS spokespersons, and their views do not necessarily reflect those of the SPS. Justin Averna serves as the Editor of the SPS website. The SPS is a place for Spine Patients to freely share information and feel supported in the process of seeking treatment for their spines. SPS will, in no way, question the ability of any surgeon, hospital or facility. As a Society, we will not take a strong position either for or against any medical professional. The SPS merely supports Spine Patients through the often murky waters of spine-related pain and in the common goal of pain relief.

11. COPYRIGHT

The entire contents of the SPS are copyrighted as a collective work under the laws of United States and other copyright laws. The SPS holds the copyright in the collective work. The collective work includes works, which are the property of the Information Providers, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the SPS solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the SPS.

12. LICENSES AND IDEA SUBMISSIONS

You agree to grant to the SPS a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the SPS (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against the SPS for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE SPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SPS USING YOUR SERVICE ACCOUNT.

14. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER THE SPS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SPS. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE SPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF THE SPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SPS.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE SPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL THE SPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF THE SPS ARE HEREBY EXCLUDED EVEN IF THE SPS ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. THIRD PARTY RIGHTS

The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit SPS and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. TERM; TERMINATION

Either you or the SPS may terminate your right to use the SPS at any time, with or without cause, upon notice. The SPS also reserves the right to terminate or suspend your SPS membership without prior notice, but the SPS will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.

17. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania. You agree that any legal action or proceeding between the SPS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Philadelphia County, Pennsylvania, United States. Any cause of action or claim you may have with respect to the SPS must be commenced within one (1) year after the claim or cause of action arises. The SPS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The SPS may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. NOTICE

The SPS may deliver notice to you under this Agreement by means of electronic mail, a general notice on SPS, or by written communication delivered by first class U.S. mail to your address on record in the SPS’s account information. You may give notice to the SPS at any time via electronic mail to SPS or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Please email justin (at) spinepatientsociety (dot) org for mailing address.

Or, Contact SPS Here.

19. SEVERABILITY

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

20. SPONSORS

The SPS is committed to providing you with professionally written, peer-reviewed educational materials. Unlike much of the health information available on the Internet, we believe that clear separation between the editorial content and sponsorships/advertising is essential to providing accurate and unbiased information. We are also selective in the sponsors and advertising we accept.

Our sponsorship and advertising policy, which applies to SpinePatientSociety.org and our newsletters, is as follows: (a) the SPS maintains a clear separation between editorial and sponsorship/advertising process and decision making. Current or potential sponsors and advertisers may not dictate the form or substance of the editorial content appearing on SpinePatientSociety.org; (b) sponsors and advertisers do not pay for editorial content to be composed or modified, nor do they make contractual arrangements for SpinePatientSociety.org to produce and publish such content on the site; (c) SpinePatientSociety.org does not place any sponsored or advertised content on the site as editorial content. Toward this end, SpinePatientSociety.org does not run "advertorial" content; (d) sponsors and advertisers will not influence the way any search results for specific information by keyword or topic are displayed on SpinePatientSociety.org; (e) sponsor and advertiser messages are clearly identified, and sponsorship and advertiser links lead to the sponsor’s or advertiser’s site or to another site that is not owned or controlled by SpinePatientSociety.org; (f) we will clearly distinguish sponsorships and advertisements from health information content, using identifying words, design, or placement; (g) SpinePatientSociety.org readers should be able to readily distinguish between promotional and editorial material; (h) SpinePatientSociety.org does not endorse the content of any third-party website. SpinePatientSociety.org is not responsible for the content of links, third-party sites, or third-party advertisements or claims, and does not make any representations regarding their content or accuracy; (i) SpinePatientSociety.org does not endorse any product or services advertised on SpinePatientSociety.org or its newsletters; (j) all new sponsorships and advertisements, or changes to sponsorship and advertising arrangements, are subject to approval by SpinePatientSociety.org in its sole discretion; (k) SpinePatientSociety.org reserves the right to remove a sponsorship or advertisement message from the site if SpinePatientSociety.org decides (in its sole discretion) that it does not comply with SpinePatientSociety.org’s standards or is otherwise objectionable to SpinePatientSociety.org; (l) SpinePatientSociety.org reserves the right to decline sponsorship or advertising of any kind, and will not accept advertising that, in SpinePatientSociety.org’s opinion, makes unsubstantiated claims of therapeutic benefit for specific products or treatments, or contains false or misleading information, or that is known to be harmful to health (e.g., tobacco products). If the sponsor’s or advertiser’s message is rejected or removed by SpinePatientSociety.org, the advertiser will be reimbursed for the advertisement or sponsorship that was purchased; (m) the SPS reserves the right to refuse advertising to any entity, including to an individual, group, company, ad/media agency, doctor or doctor group, and to elect not to participate in advertising requests or programs with any client or prospect for any reason. The SPS is not obligated to provide a reason for the non-participation election or denial.

If you have any questions about this sponsorship and advertising policy, Contact SPS Here.