Terms of Use

PAINWeek provides healthcare professionals access to a wide array of information and resources that may be provided to you in a variety of mediums and devices now known or hereinafter developed including mobile applications. These resources include, without limitation, news, reference tools and applications, sponsored programming, personalized content, continuing medical education, communication tools, and discussion boards (collectively, the “Services”). The Services are intended for physicians and other healthcare professionals.

PAINWeek.org is Intended for Healthcare Professionals

The information that we make available through the Services is intended for healthcare professionals. While we hope you find the Services helpful, you should remember that they are not meant to serve as a substitute for your own clinical judgment as a healthcare professional. We do not provide medical advice. If you are a consumer who chooses to use the professional level information available to you through the Services, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. We each follow standard sets of editorial procedures for information that we each make available through the Services. However, we don’t offer you any warranty or guarantee related to the Services that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It’s your job to evaluate the information and results from Services we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Services with other sources before undertaking any treatment based on such information. If you are a consumer, you should evaluate the information together with your healthcare professional.

The Services include videos, educational content, interviews, tools, and resources intended for use by healthcare professionals. The opinions expressed here are those of the authors/faculty/speakers and do not necessarily reflect the positions of PAINWeek. PAINWeek does not endorse or recommend any particular treatment, method, product, or service mentioned. Physicians and other healthcare professionals who use these tools or databases should exercise their own clinical judgment as to the information they provide. Consumers who use the tools or databases do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professionals.

You acknowledge and agree that the Services and information, content, and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the Services, in whole or in part. Further, you are prohibited from using, downloading, republishing, selling, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services.

You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading, or print a copy of an article for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

Usually, we don’t mind if you include a simple link from your website to PAINWeek. However, you must first ask our permission if you intend to frame one of our websites or incorporate portions of one of our sites into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts on our reputation.

When you submit information to areas of the Services that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Services. For example, if you post a comment to Medscape Connect, you grant us the right to display that comment through the Services for as long as we want. We will consider requests to remove information that you make publicly available through the Services on an individual basis (contact us at the email address we provide at the end of this document). For information that you submit to areas of the Services that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our Privacy Policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent, as further described below. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties’ use or misuse of information transmitted or received using the Services.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

The purpose of our Privacy Policy is to identify the information we may collect about you when you use the Professional Sites and related Services and describe the uses we may make of such information, the security measures we take to protect it, and your options for controlling such information. Click here to review our Privacy Policy

We control those components of the Services made available through our respective websites from our offices within the state of New Jersey in the United States of America. The Services can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Services may differ, by accessing the Services, you agree that the statutes and laws of the state of New Jersey, without regard to choice of law principles, will apply to all matters relating to use of the Services. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We make no representation that materials made available through the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If you access the Services from outside the United States, you are responsible for compliance with the laws of your jurisdiction.

Consequences

We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us and our affiliates harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of the Services, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey.

Termination and Modification

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Services with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/ or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.

Your use of the Services is at your own risk. The Services and information included therein are provided on an “as is” basis. We and our licensors and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currency, or timeliness of the Services or information contained therein.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools available through the Services.

In no event will we, our licensors, our suppliers, or any third parties mentioned on any Professional Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or information contained therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information contained therein.

You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting [email protected] and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number, and (if available) e-mail address.
4. A statement that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.

Except as expressly provided in a particular “legal notice” on the website, these Terms of Use constitutes the entire agreement between you and PAINWeek with respect to your use (and prior use) of the Services.

For questions or concerns about these terms of use, please send an email to [email protected].