Terms of Use

Painaction.com End-User Terms of Use

By using the web site www.painaction.com (the “Web Site”), you are agreeing to comply with and be legally bound by the following terms and conditions related to your access and use of the Web Site and the Content provided on the Web Site (“Terms of Use”) and our Privacy Policy. If any of these Terms of Use are unacceptable to you, do not use the Web Site. Use of the Web Site constitutes acceptance of this agreement.

The Web Site is an interactive health, science and technology website offered by Inflexxion, Inc. (hereinafter “Inflexxion”). As used in these Terms of Use, the terms “we,” “us” and “our” refer to Inflexxion.

THIS WEB SITE DOES NOT PROVIDE MEDICAL ADVICE

The content of this Web Site is for informational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should consult your physician or other qualified health provider if you have questions about a medical condition. If you think you have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided on this Web Site is at your own risk.

Permitted Uses

Inflexxion grants you a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other publicly available content on the Web Site (the “Content”) solely in accordance with these Terms of Use. Subject to these Terms of Use, you may view, download and print the Content solely for your noncommercial and informational use.

Prohibited Uses

You agree not to reproduce, distribute, modify, post, transmit, sell or otherwise make available any of the Content. You agree not to use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use any robot, spider, or other automatic device, or manual process, to monitor or copy all or part of the Web Site or Content, without the prior written permission of Inflexxion. You may not access or use the Web Site in any manner that could impair, damage or disable any Inflexxion computer system or network, or interfere with the proper working of any Inflexxion computer system or network. You may not gain, or attempt to gain, unauthorized access to any parts of the Web Site or any Inflexxion computer system or network.

Proprietary Rights

You acknowledge that the Web Site and the Content are the property of Inflexxion and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms of Use or on the Web Site will be construed as granting you any right to use any trademarks, service marks and logos displayed on the Web Site, nor any right or license under any patent. You agree not to use any name or emblem of Inflexxion, or any of its products or services, or that of its partners in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.

Copyright Notice

You may print Materials from the Web Site for personal or educational purposes only. You may not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content. If you reproduce Content from the Web Site, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with it.

Changes to Website and These Terms and Conditions

We may change any of the Terms of Use contained herein at any time. Changes will become effective immediately upon posting on the website.

Privacy Policy

Your privacy on the Internet is important to us. We have adopted the following privacy policy to provide you with information about how we collect, use and share your personal information. By visiting and using this Site, you are accepting the practices described in this privacy policy.

YOUR USE OF THE Painaction.com website CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE OTHER TERMS AND CONDITIONS OF THE TERMS OF USE. IF YOU DO NOT AGREE WITH AND ACCEPT ALL OF THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE, AND PLEASE DO NOT PROVIDE OR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION VIA OR WHILE USING THE WEBSITE OR THE SERVICES.

This Privacy Policy may be revised by us periodically, and the last revision will be noted on the bottom of this page. We advise that you review this Privacy Policy whenever you visit the Website so that you are aware of any changes. Your continued use of the Website following any changes in this Privacy Policy will constitute your acceptance of such modifications.

Information Collected by Painaction.com

Users to the public areas of the Painaction.com website browse anonymously. We do not collect any information that is personally identifiable such as name, address, phone number or e-mail. The information that is collected includes: time and date of your visit, the internet address of the computer, your browser and operating system, page views and length of time on that page, and previous page visited. In addition, the type of browser you have and the way you access our information (web or smart phone) may also be collected.

Personal Data

Painaction.com never collects personal information without your knowledge, such as when you complete a form on the website to submit questions, comments, take a survey or request information. You will be asked to provide personal information that is necessary to answer a question, to provide the requested information or to receive a copy of our newsletter. In those situations, it is your choice to provide that information. Should you choose not to provide that information, you will not be able to participate in that activity.

Your personal data will not be sold, given away or used for selling purposes. We may use your Personal Information to provide you with information or email newsletters that you have requested, to correspond with you, and to improve the Site and our program offerings. You can unsubscribe by clicking “unsubscribe” at the bottom of the email.

We do not sell, rent or lease your Personal Information to third parties. We may share your Personal Information with third parties that perform services on our behalf in connection with the Site. We reserve the right to share your Personal Information with third parties if we determine, in our sole discretion, that such action is necessary: (a) to comply with legal requirements or with legal process served upon us, or (b) to protect the interests of Inflexxion, Inc.

Aggregated Information

Aggregated information is collected through various methods: It may come from survey information and/or IP addresses. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the Web. Web servers, the computers that “serve up” web pages, automatically identify this IP address, and when you request a page from Painaction.com, our servers log your IP address. The Web Site collects IP addresses for the purposes of system administration and to provide aggregate data for customization.

The Web Site does not link IP addresses to any personally identifiable information. If this aggregated information is published, transferred or sold to any other person, it will be in an anonymous format.

As time passes, Inflexxion may be sold along with its assets, or other transactions may occur in which user data is one of the business assets transferred. In such a case, the user data, which we have gathered may be one of the business assets we transfer.

How information is used

Information that is gathered from the Painaction.com website and click activity is used to determine the value of the information that is presented on our website

Furthermore, we may use your personal information to provide services you have requested, to answer e-mails or on-line requests, send information you request, work to ensure the Painaction.com is relevant to your needs, deliver Painaction.com services such as newsletters, and to notify you about new products or services from Painaction.com.

Use of Cookies

Cookies are used by Painaction.com to identify a user as the user moves through Painaction.com Website to personalize the visit, to offer greater functionality, and/or to track visitor practices. The user’s browser allows Painaction.com to place some information on the user’s hard drive that identifies the computer utilized. Two types of cookies are used. A session cookie is a temporary file stored in memory on the user’s computer drive whenever a website is accessed and is terminated by closing the browser. A persistent cookie is a file stored on the user’s hard drive that may be deleted manually by the user or expired by the server. If you do not desire the functionality offered by the cookie, you have the option to disable the cookie either by indicating that you do not wish to have the cookie created when asked or by disabling the cookie function in your browser. These are the only cookies that exist in this website. You may occasionally get cookies from other sites, which is standard in the Internet industry. The Web Site does not control these cookies, and these cookies are not subject to the Web Site’s privacy policies.

Security

The Web Site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, data transmission over the Internet or wireless networks cannot be guaranteed to be completely secure. Although we are committed to safeguarding your privacy and security, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Children’s Privacy

The Web Site is not designed for, or intended for use by, children under age 13.

Your California Privacy Rights

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Inflexxion who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the email or address listed below.

Disclaimer

The Web Site and Content are provided “AS IS.” We, to the fullest extent permitted by law, disclaim all warranties of any kind (express, implied or otherwise) regarding the Web Site and the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement. We do not make any warranty about the accuracy, reliability, completeness, timeliness, or quality of the Web Site or the Content. We do not warrant that the Web Site will operate without error or interruption. Inflexxion shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.

Limitation of Liability

(a) Your use of the Web Site and the Content is at your own sole risk. If you are dissatisfied with the Web Site or the Content, your exclusive remedy is to stop using the Web Site and the Content.

(b) In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits or business, or resulting from any error in the Content, or resulting from any decision made or action taken by you in reliance on the Content, or resulting from any unavailability of the Web Site, or resulting from harm to or loss of equipment, software or data, or resulting from any claim against you by a third party), whether in an action in contract or tort, arising out of or in connection with the Web Site or the Content, even if we are negligent or otherwise at fault, and regardless of whether we are advised of the possibility of such damages.

(c) The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory. Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under these Terms of Use fails of its essential purpose.

(d) If, notwithstanding the foregoing, Inflexxion, Inc. were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Inflexxion, Inc. and the parties described in the next sentence (hereinafter referred to as the “Related Parties”) exceed, either jointly or severally, the amount of one (1) U.S. dollar. All of the provisions of this Section are also for the benefit of Inflexxion’s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the Paineedu.org website, and each shall have the right to assert and enforce the provisions directly on their own behalf.

Indemnity

You agree to indemnify and hold harmless Inflexxion, and its officers, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of the Web Site or the Content.

Links to Other Sites

The Web Site may contain links to third-party web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the contents or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk. Links to other sites maintained by Inflexxion are subject to the terms of use of those sites.

Applicable Law and Jurisdiction

The Web Site (excluding links) is controlled and operated from our secure cloud network in Fort Worth, Texas. While we have made no effort to publish the Web Site elsewhere, because the Web Site is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of the Inflexxion registered address state of Massachusetts, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Web Site, by accessing or using the Web Site you agree that all matters arising from or relating to the use and operation of the Web Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Web Site will be heard and resolved exclusively in the United States District Court for the District of Massachusetts, or if such courts lack subject matter jurisdiction, the Superior Court for the Commonwealth of Massachusetts, Middlesex County. You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum).

General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire agreement between you and us with respect to the subject matter hereof.

How to Reach Us

If you have concerns about the application of the privacy policy we have described above, you can contact us by email at info@inflexxion.com or by post to:

Webmaster
Inflexxion, Inc.
890 Winter Street, Suite 235
Waltham, MA 02451

Last updated: July 2017