Terms Of
Use & Service
IMPORTANT!
THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS
PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS
OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION.
YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE
TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.
Access
To This Site
YOU MUST
BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE
UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB
SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB
SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD
ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this
site or some of the resources it has to offer, you may be asked to provide
certain registration details or other information. It is a condition
of your use of this site that all the information you provide on this
site will be correct, current, and complete. If our Company believes
the information you provide is not correct, current, or complete, we
have the right to refuse you access to this site or any of its resources,
and to terminate or suspend your access at any time, without notice.
Restrictions
On Use
You may use
this site for purposes expressly permitted by this site. You may not
use this site for any other purpose, including any commercial purpose,
without our Company's express prior written consent. For example,
you may not (and may not authorise any other party to) (i) co-brand this
site, or (ii) frame this site, or (iii) hyper-link to this site, without
the express prior written permission of an authorized representative
of our Company. For purposes of these Terms of Use, "co-branding"
means to display a name, logo, trademark, or other means of attribution
or identification of any party in such a manner as is reasonably likely
to give a user the impression that such other party has the right to
display, publish, or distribute this site or content accessible within
this site. You agree to cooperate with our Company in causing
any unauthorised co-branding, framing or hyper-linking immediately to
cease.
Proprietary
Information
The material
and content (hereinafter referred to as the "Content") accessible
from this site, and any other World Wide Web site owned, operated, licensed,
or controlled by our Company is the proprietary information of
our Company or the party that provided the Content to our
Company, and our Company or the party that provided the Content
to our Company retains all right, title, and interest in the
Content. Accordingly, the Content may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written
consent of our Company, or unless authorised in writing elsewhere
on our site, except that you may print out a copy of the Content solely
for your personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on
any of the Content. Modification or use of the Content except as expressly
provided in these Terms of Use violates our Company's intellectual
property rights. Neither title nor intellectual property rights are
transferred to you by access to this site.
Hyper-Links
This site may
be hyper-linked to other sites which are not maintained by, or related
to, our Company. Hyper-links to such sites are provided as a
service to users and are not sponsored by or affiliated with this site
or our Company. Our Company has not reviewed any or all
of such sites and is not responsible for the content of those sites.
Hyper-links are to be accessed at the user's own risk, and our Company
makes no representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to this site.
Further, the inclusion of any hyper-link to a third-party site does
not necessarily imply endorsement by our Company of that site.
Submissions
You hereby
grant to our Company the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform, and display all content, remarks, suggestions, ideas, graphics,
or other information communicated to our Company through this
site (together, hereinafter known as the "Submission"), and
to incorporate any Submission in other works in any form, media, or
technology now known or later developed. Our Company will not
be required to treat any Submission as confidential, and may use any
Submission in its business (including without limitation, for products
or advertising) without incurring any liability for royalties or any
other consideration of any kind, and will not incur any liability as
a result of any similarities that may appear in future Company
operations.
Our Company
will treat any personal information that you submit through this site
in accordance with its Privacy Policy as set forth on this site.
Disclaimer
You understand
that our Company cannot and does not guarantee or warrant that
files available for downloading from the Internet will be free of viruses,
worms, Trojan horses or other code that may manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to this site for the reconstruction of any lost data. Our Company
does not assume any responsibility or risk for your use of the Internet.
The Content
is not necessarily complete and up-to-date and should not be used to
replace any written reports, statements, or notices provided by Company.
Pain sufferers and other persons should use the Content in the same
manner as any other educational medium and should not rely on the Content
to the exclusion of their own judgment or the professional advise given
by another qualified person. Information obtained by using this site
is not exhaustive and does not cover all issues, topics, or facts that
may be relevant to your condition.
YOUR USE
OF THIS SITE IS AT YOUR OWN RISK.
The Content is provided “as is” and without warranties of any
kind, either expressed or implied. Our Company disclaims all warranties,
including any implied warranties of
the results you may or may not achieve, fitness for a particular
exercise or technique, TITLE, OR NON-INFRINGEMENT. Our
Company does not warrant that the functions OR CONTENT contained
in this site will be uninterrupted or error-free, that defects will
be corrected, or that this site or
the server that makes it available are free of viruses or other harmful
components. Our Company does not warrant or make any representation
regarding use, or the result of use, of the content in terms of accuracy,
reliability, or otherwise. The content may include technical inaccuracies
or typographical errors, and Company may make changes or improvements
at any time. You, and not our Company, assume the entire cost
of all necessary servicing, repair or correction
IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE
OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES
THAT YOUR USE OF THE CONTENT WILL NOT
CAUSE YOU PAIN OR IRRITATE AN EXISTING CONDITION
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
SUCH CONTENT.
All of the
information in this site, whether historical in nature or forward-looking,
speaks only as of the date the information is posted on this site, and
Company does not undertake any obligation to update such information
after it is posted or to remove such information from this site if it
is not, or is no longer, accurate or complete.
Limitation
On Liability
COMPANY, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE
FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100
OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT
OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify
and hold Company, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers, directors,
and contractors (hereinafter known as the "Indemnified Parties")
harmless from any breach of these Terms of Use by you, including any
use of Content other than as expressly authorised in these Terms of
Use. You agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorised use, and you agree to
indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and legal fees of the Indemnified Parties in connection therewith.
You will also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of your
use of the information accessed from this site.
Trademarks
Trademarks,
service marks, and logos appearing in this site are the property of
Company or the party that provided the trademarks, service marks,
and logos to Company. Company and any party that provided
trademarks, service marks, and logos to Company retain all rights
with respect to any of their respective trademarks, service marks, and
logos appearing in this site.
Information
You Provide
You may not
post, send, submit, publish, or transmit in connection with this site
any material that:
- you do not have
the right to post, including proprietary material of any third party;
- advocates illegal
activity or discusses an intent to commit an illegal act;
- is vulgar, obscene,
pornographic, or indecent;
- does not pertain
directly to this site;
- threatens or abuses
others, libels, defames, invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or offensive;
- seeks to exploit
or harm children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise;
- infringes any intellectual
property or other right of any entity or person, including violating
anyone’s copyrights or trademarks or their rights of publicity;
- violates any law
or may be considered to violate any law;
- impersonates or
misrepresents your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial
endeavour (e.g., offering for sale products or services) or otherwise
engages in any commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or services)
except as may be specifically authorised on this site;
- solicits funds,
advertisers or sponsors;
- includes programs
which contain viruses, worms and/or Trojan horses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications;
- disrupts the normal
flow of dialogue, causes a screen to scroll faster than other users
are able to type, or otherwise act in a way which affects the ability
of other people to engage in real time activities via this site;
- includes MP3 format
files;
- amounts to a 'pyramid'
or similar scheme;
- disobeys any policy
or regulations established from time to time regarding use of this site
or any networks connected to this site; or
- contains hyper-links
to other sites that contain content that falls within the descriptions
set forth above.
Although under
no obligation to do so, our Company reserves the right to monitor
use of this site to determine compliance with these Terms of Use, as
well the right to remove or refuse any information for any reason. Notwithstanding
these rights, you remain solely responsible for the content of your
submissions. You acknowledge and agree that neither Company nor
any third party that provides Content to Company will assume
or have any liability for any action or inaction by Company or
such third party with respect to any submission.
Security
Any passwords
used for this site are for individual use only. You will be responsible
for the security of your password (if any). Company will be entitled
to monitor your password and, at its discretion, require you to change
it. If you use a password that Company considers insecure,
Company will be entitled to require the password to be changed and/or
terminate your account.
You are prohibited
from using any services or facilities provided in connection with this
site to compromise security or tamper with system resources and/or accounts.
The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any violation
of system security, Company reserves the right to release your
details to system administrators at other sites in order to assist them
in resolving security incidents.Company reserves the right to
investigate suspected violations of these Terms of Use.
Company
reserves the right to fully cooperate with any law enforcement authorities
or court order requesting or directing Company to disclose the
identity of anyone posting any e-mail messages, or publishing or otherwise
making available any materials that are believed to violate these Terms
of Use.
BY ACCEPTING THIS AGREEMENT
YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms
of Use will be governed and interpreted pursuant to the laws of Queensland,
Australia, notwithstanding any principles of conflicts of law. You specifically
consent to personal jurisdiction in Queensland
in connection with any dispute between you and Company arising
out of these Terms of Use or pertaining to the subject matter hereof.
The parties to these Terms of Use each agree that the exclusive venue
for any dispute between the parties arising out of these Terms of Use
or pertaining to the subject matter of these Terms of Use will be in
the state and federal courts in Brisbane, Queensland. If any part of
these Terms of Use is unlawful, void or unenforceable, that part will
be deemed severable and will not affect the validity and enforceability
of any remaining provisions. These Terms of Use constitute the entire
agreement among the parties relating to this subject matter. Notwithstanding
the foregoing, any additional terms and conditions on this site will
govern the items to which they pertain. Company may revise these
Terms of Use at any time by updating this posting.
Last updated:
September 6th, 2009
