Pain Coach Inc. Website Terms and Conditions of Use

Last Updated: Sept 11th 2023

Please also review our Privacy Policy

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREGULLY BEFORE USING A PAIN COACH INC. SITE

These Terms and Conditions of use (“Terms”, “Terms and Conditions”) for Pain Coach (https://reed-parsnip-t8wc.squarespace.com/) constitute a legal agreement and are entered into by and between you and Pain Coach Inc., a federally incorporated Canadian company with a registered office in Halifax, Nova Scotia Canada (“Pain Coach”, “us”, “we” or “our”).  Pain Coach provides health care professionals and patients with tools and information to improve post-operative pain management. These Terms and Conditions govern your access to and use of, including any content, functionality and services offered on or through Pain Coach (https://reed-parsnip-t8wc.squarespace.com/) (the “Website”).

BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT [https://www.paincoachapp.com/privacy-policy]. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR PRIVACY POLICY YOU MUST NOT ACCESS OR USE THE WEBSITE.

Use of Information, Services, and Materials on This Website

The information, services, and materials contained on or provided by this Website are for informational and educational purposes only. It is not intended or implied to substitute for professional medical or health care advice. The Website does not provide medical advice, diagnosis, treatment, or care. Consult a licensed health care professional regarding all matters relating to your health, particularly concerning any symptoms that may require diagnosis or medical attention. Do not disregard the medical advice of a licensed medical professional, or delay or change treatment because of something you have read on the Website. Under no circumstances should you attempt self-diagnosis or treatment based on anything you have seen or read on this website.

Pain Coach Inc. tools are currently in research and development clinical trials and are not available for commercial use.

Modification to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these. If any change is not acceptable to you, you must discontinue your use of the Website and any of the services immediately. Pain Coach reserves the right to change, modify, suspend, or discontinue any aspect of the Website, services or content from time to time without notice or liability and for any reason whatsoever. Please refer to the Last Updated date posted above.

Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

a)       accessing content and data that is not intended for you;

b)      attempting to breach or breaching the security and/or authentication measures which are not authorized;

c)       restricting, disrupting or disabling service to users, hosts, servers, or networks;

d)      illicitly reproducing TCP/IP packet header;

e)      disrupting network services and otherwise disrupting Website owner's ability to monitor the Website;

f)        using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

g)       introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

h)      attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and

i)        otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection and arrangement,  are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret and any other proprietary rights.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

a)       your computer and browser may temporarily store, or cache copies of materials being accessed and viewed; 

b)      reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; 

c)       where we grant you written permission.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You acquire absolutely no rights or licences to the Website other than the limited right to use the Website in accordance with the Terms. You shall not use the Website for any other purpose except as expressly provided therein.

You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from this Website.

Linked Sites

Please exercise discretion while browsing the internet. Pain Coach may provide links to other websites on this site. Please note these links are provided only as a convenience and Pain Coach is not responsible for the content of any third-party website and does not endorse the information contained therein or guarantee its quality, accuracy, reliability, or completeness.

Disclaimer

The content on our Website is provided for general information purposes only. The Website was created to provide periodic updates on the progress and status of Pain Coach Inc. and our services. It is not intended to amount to advice on which you should rely.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND THAT PAIN COACH MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, AND (B) PAIN COACH SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR SERVICES INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless each of Pain Coach Inc, its affiliates, subsidiaries and related companies, subcontractors and other partners, its licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Website, from and against any an all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the Website, services or content including without limitation by you or others using your account; or your use or reliance on or publication, communication or distribution of anything on or from the Websites or services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing Law

You expressly agree that any disputes, claims, complaints or actions you may choose to advance arising from your use of the website will be decided by the Courts established under and applying the laws of Nova Scotia excluding the law relating to choice of law and forum conveniens. You further expressly agree that you have attorned to the jurisdiction of the Courts of Nova Scotia for the purpose of resolving any such dispute, claim, complaint, or action.  The Site is intended for use only in jurisdictions where it may lawfully be offered for use. 

Modifications

Pain Coach reserves the right in its sole discretion, to add to, remove, modify, or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the Website. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue use of the Website and all related services immediately. Your continued use of the Site after any such changes are posted will constitute acceptance of those changes. Further, Pain Coach reserves the right to change, modify, suspend, or discontinue any aspect of the Website, services, or content from time to time without notice or liability and for any reason whatsoever.   

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE