Terms and Conditions

Please print and keep a copy of this Agreement. If you do not agree to abide by the Terms of Use contained in this Agreement, please do not become a user of painACTION SM.com (the “website”) , offered by Inflexxion, Inc. (“Inflexxion”).

Use of the website constitutes acceptance of the following Terms of Use.

1. Information Not a Substitute for Medical Advice. painACTION SM.com is an informational website offered by Inflexxion, Inc. The information provided on the painACTION SM.com site is not medical advice provided by a physician and is not a substitute for such advice. Inflexxion Inc. is not a health care provider. If you have any questions or concerns regarding your health or any health problems, you should seek the advice of a licensed physician.

2. Ownership of the Information, Materials and Software of the Website. You expressly acknowledge and agree that the website contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to Inflexxion, Inc. or the owners and creators of said Materials.

3. All copyrights and copyrightable materials which are a part of painACTION SM.com including, without limitation, the Inflexxion logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2005 Inflexxion, Inc. ALL RIGHTS RESERVED. You agree that you will not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Inflexxion, Inc. and any other owner of the Intellectual Property Rights in such Materials. Notwithstanding the foregoing you may, on an occasional and irregular basis, include insubstantial portions of Materials from the website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the website and the information used, original source attribution, and the phrase. "Used with permission from the owners and creators of painACTION SM.com ". If you wish to request permission to reproduce Materials from the website, or if you have any questions about the proper way to include such notices, contact Inflexxion, Inc., 320 Needham Street, Suite 100 , Newton , Massachusetts 02464 .

4. Inflexxion® Inflexxion.com, the Inflexxion® logo, painACTION SM.com , graphics and icons are trademarks, service marks, trade dress, and/or registered trademarks of Inflexxion, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Inflexxion, Inc.

5. The owners and creators of painACTION SM.com may change any of the terms in this Terms of Use Agreement at any time. Changes will become effective when painACTION SM.com posts the modified Agreement on the website. If you do not agree to the changes, you may cease use of the website at any time. Continued use of this website by you constitutes acceptance of the terms of the modified Agreement.

6. You agree NOT to use the painACTION SM.com website for any of the following purposes or activities:

a. The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;

b. Interference with or disruption to the Site’s services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

c. To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;

d. In connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;

e. To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;

f. To cause harm to minors;

g. To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;

h. To violate another's privacy;

i. To violate any applicable laws, statutes or regulations;

j. To stalk;

k. To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stocking Exchange, or the NASDAQ;

l. To use any robot, spider, or other automatic device, or manual process to monitor or copy painACTION SM.com web pages or any Content on the painACTION SM.com site without Inflexxion's prior express written permission;

m. To distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services;

n. To post a link, address or other contact to any site which is for any of the above purposes; or

o. To defame another individual or entity.

7. Termination of this Agreement. The owners and creators of painACTION SM.com , in their sole and absolute discretion, and with or without notice, suspend your access to all or any part of the website, or terminate this Agreement and thus your rights to use the website, for any conduct or use (whether by you or anyone else having access under your User ID(s) and Password(s)) that the owners and creators of painACTION SM.com b elieve is a violation of this Agreement or for any other conduct or use that the owners and creators of painACTION SM.com believes is harmful to other Users, painACTION SM.com content providers, or to the website or the interests of the owners and creators of painACTION SM.com .

8. Disclaimer of Warranties. . THE WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. You expressly agree that your use of the website is at your sole risk. The owners and creators of painACTION SM.com do not warrant that the website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the website, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of painACTION SM.com , employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of painACTION SM.com for any purpose or give rise to any liability of painACTION SM.com whatsoever, and you agree that you will not rely on any such statement, information or advice. Where the owners and creators of painACTION SM.com are a distributor, rather than a publisher, of Materials accessible through the website, the owners and creators of painACTION SM.com exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of painACTION SM.com or its content providers or licensors. Neither the owners nor creators of painACTION SM.com nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL painACTION SM.com OR INFLEXXION, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM PERSONAL INJURY, LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PERSON OR PROPERTY, EVEN IF painACTION SM.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT.

10. Demographic Information. By using the website, you are agreeing that the owners and creators of painACTION SM.com may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of painACTION SM.com .

11. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Agreement, your and the owners and creators of painACTION SM.com rights and obligations, and any disputes or disagreements regarding the website will be governed by the laws of the U.S. and the Commonwealth of Massachusetts . Any and all actions, disputes or controversies relating to the Agreement or the website will be decided by the courts of the Commonwealth of Massachusetts and the U.S. located in Boston , Massachusetts , and you consent to the jurisdiction and venue of those courts.

12. The resources on other sites that can be accessed with hypertext links from painACTION SM.com ar e not maintained by Inflexxion, and Inflexxion is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Inflexxion endorses the linked site. Such sites may be governed by legal notices and privacy policies which differ from those of this Site.

13. Indemnification by You. You agree to defend, indemnify and hold harmless, to the extent permitted by State and Federal laws, the owners and creators of painACTION SM.com and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the website, or in connection with the placement or transmission by you of any material on the website except as expressly authorized in this Agreement.

14. Notices. The owners and creators of painACTION SM.com may give notice to you by electronic mail, by a posting on the website, or by conventional mail. Notice by the owners and creators of painACTION SM.com s hall be effective on the date that the owners and creators of painACTION SM.com m ake a good faith effort to reach you. You shall give notice to the owners and creators of painACTION SM.com as stated below. Notice by you shall be effective on the date that the owners and creators of painACTION SM.com actually receive the notice.

Inflexxion, Inc.

320 Needham Street, Suite 100

Newton , Massachusetts 02464-1594

15. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.