Terms-of-Use | Advanced Pain Consultants

Terms of Use

Before using this Web site, please read the Terms of Use set forth below. By using this Web site you agree to be bound by the Terms of Use. Advanced Pain Consultants S.C. (“APC”) and its affiliates and subsidiaries (“We” or such conjugation thereof as the context may require) reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Web site. You may not use this Web site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. If you want to make commercial use of the Web site, you must enter into an agreement with APC to do so in advance. Please contact us for more information.

No Representations Or Warranties

The services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice. Consequently, TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.

Users of this Web site should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Web site or on linked Web sites.

Privacy Policy

The information that APC obtains through your use of our site, is subject to our Privacy Policy. That privacy policy contains terms and conditions that govern our collection and use of the information you provide use and our respective rights relative to that information. Please review our Privacy Policy before you use our site. Your use of our site indicates an agreement to our Privacy Policy.

User Warnings/User Conduct

We make certain services available, including without limitation, wikis, e-mail, blogs, and other client services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:

Violate any applicable law, regulation or rule;
Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
Post or transmit any commercial, advertising or promotional materials, including without limitation, “spam” or mass distributions;
Provide false information on your registration form or impersonate another person at any point;
Post or transmit false, inappropriate, improper, disorderly or excessive messages or information;
Post any material that infringes upon any third party’s copyright, trademark, patent or other intellectual property right.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of e-mails, communications, postings, data or information as a result of, or arising out of, our administration of such services.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message boards, blogs or client services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.

Web Site Links And Third-Party Sites

This Web site may contain links to other Web sites which are independent of this Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

Website Medical Disclaimer

Information found on this website is not intended to be a substitute for professional medical advice. It is not intended or implied as a diagnosis or treatment. The content, including digital media, graphics and images which appear or are linked through this web site, is intended for the purpose of general information only.

Dr. Nicholas Kondelis, Dr. Durrani, and the staff of Advanced Pain Clinic (APC) make no representation and assume no responsibility for the accuracy of information contained on or available through this web site.Dr. Nicholas Kondelis and the staff of Advanced Pain Clinic (APC) are not responsible or liable for any loss or risk incurred in any part by advice or treatment obtained because of the information on this web site or linked through this web site.

Medical Information on this website may change without notice. You should not use information obtained through a web site as a substitute for professional medical advice from a physician. Do not delay in seeking help because of anything you have read on this or any web site.

Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

Limitation of Damages

IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.

Ownership

All contents of this website are Copyright © 2009 Advanced Pain Consultants S.C. All rights reserved. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Web site and all names, terms, logos, slogans, images and other indicia identifying APC’s products or services are proprietary marks belonging to APC. The names of companies and products not owned by APC and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to Advanced Pain Consultants S.C. without the express written permission of Advanced Pain Consultants S.C. is strictly prohibited.

License

Nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

Claims of Copyright Infringement

Advanced Pain Consultants S.C. respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site infringes on any copyright which you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us to have the material removed or otherwise blocked from access.

Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Governing Laws in Case of Dispute

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

International Use

We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

Integration; Severability; General

These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.