PainsandStrains.com (hereinafter “Website”) is owned, operated, or licensed by Pains and Strains, LLC (“Company”). Company provides you with a limited license to use the Website subject to the terms contained within this Terms and Conditions of Use Agreement (“Agreement”). 

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

 COMPANY RESERVES THE RIGHT TO SUSPEND, REPLACE, MODIFY, AMEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT COMPANY REPLACES, MODIFIES, OR AMENDS THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE ABOVE WILL CONSTITUTE YOUR MANIFESTATION OF ASSENT TO AND AGREEMENT WITH ANY REPLACEMENT, MODIFICATION, OR AMENDMENT CONTAINED WITHIN THIS AGREEMENT. 

  1. Disclaimer of Medical Advice 

By using this Website, you agree this does not establish a doctor patient relationship of any type. Further, you agree and acknowledge this Website does not provide any medical diagnosis, medical advice, opinion, treatment, or services to you or any other individual. This Website should not be used in place of advice from your physician or any other qualified health care provider. Never delay seeking necessary professional medical help because of something you have read on this Website. All content on this Website and the interactive tools within shall only be understood to provide education regarding choice of a product and solution that could work for your pain and strain. The content from this Website may assist in your personal research and Company makes no guarantee as to the results you may experience. 

  1. Serious Injuries

IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN. For any serious injuries that you have sustained, terminate your use of this site and go to an Emergency Room or your physician. This Website does not provide any support or information for serious injuries or emergencies of any type. 

  1. Injuries Following Website Use

Company does NOT produce or manufacture any products featured on the Website and does not hold any liability from resulting use of any product. Company is NOT liable for any injury prior to or following use of this Website. Company is NOT liable for any subsequent injury from use of a product researched on this Website. Company does not provide any warranty of any type, express or implied, as to any products purchased through this website. You are directed to contact the original manufacture for any details regarding a warranty of any kind.

  1. User Warranties

By using the Website, you warrant that you are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement. 

You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

  1. Limited License

You acknowledge and agree that the Website is the property of, or is licensed by, Company and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Company reserves all of its rights not expressly granted through this Agreement.

Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. Additionally, you are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of Company. The foregoing prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Company robots.txt file.

This license is revocable at any time, and any rights not expressly granted herein are reserved to Company.

  1. Acceptable Use Policy

You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. You are also prohibited from using the Website to transmit unsolicited commercial emails to third parties or users of the Website, including stored information provided through the website’s search function and database, obtaining or mining the personal data of third parties or users of the Website, harassing or defaming third parties or users of the Website, posting obscene, sexually explicit, or pornographic content to the Website, or using the Website to promote bodily harm or emotional distress to third parties or users of the Website.

  1. Privacy Policy

Company hereby incorporates its Privacy Policy by reference as if fully restated herein.

  1. Trademarks

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Company, are common law or registered trademarks owned by or licensed to Company. You are expressly prohibited from using the trademarks of Company to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Company in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners. 

  1. Copyright Policy

The Website is copyright 2016 Company. Company will expeditiously respond to all duly issued notifications of copyright infringement that are sent to Company’s designated copyright agent pursuant to 17 U.S.C. § 512.

All notices of copyright infringement must contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Specific identification of the copyrighted works alleged to have been infringed;
  3. The location of the copyrighted works on the Company Website;
  4. The contact information of the notifying person(s) or entity, such as an address, telephone number, fax number, or email address;
  5. A statement that the notifying person(s) or entity has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or entity is authorized to act on behalf of the copyright owner.

Upon receipt of a notice of infringement, Company will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:

  1. Identification of the specific materials that have been removed from the Website;
  2. The contact information of the notifying person(s) or entity, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that the notifying person(s) or entity has a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that the notifying person(s) or entity has consent to the jurisdiction of the federal district court in which the notifying person(s) or entity address is located or, if outside of the United States, that the notifying person(s) or entity has consent to the jurisdiction of the federal courts where your service provider is located;
  5. A statement that the notifying person(s) or entity will accept service of process from the notified party; and
  6. The notifying person’s(s) or entity’s physical or electronic signature.

All notices of infringement and counter-notifications may be sent to joe.mcclung@painsandstrains.com.

  1. Third Party Links

You acknowledge and agree that the Website may contain links to third party websites or content that Company does not own or control. You are advised to review the terms and conditions of any third party websites or content linked to through the Website, and you agree that Company will not be responsible for websites not under the ownership or control of Company. Company specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.

You acknowledge and agree any People Search data displayed on the Website is not owned or controlled by Company.

  1. Term and Termination

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Company terminates your access to the Website; or (ii) you cease using the Website. Company reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

  1. Disclaimer of Warranties and Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.

COMPANY PROVIDES NO WARRANTY EXPRESS OR IMPLIED AS TO ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. 

  1. Indemnification

 You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Company will not provide you with the ability to control Company’ defense, and Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

  1. Arbitration

 YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS' FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN WISCONSIN AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN WISCONSIN FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN WISCONSIN THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF WISCONSIN AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.

  1. Force Majeure

Company will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Company’ control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.

  1. Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Company.

  1. Severability

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect. 

  1. Interpretation 

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter. 

  1. Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Company reserves the right to assign its rights and duties under this Agreement, including in a sale of Company or its Website.

  1. Waiver

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged.

  1. Integration

This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. 

How we do it: We power our injury identifier with the knowledge of our consultants to help educate you on your injury. With that knowledge we further empower you with a simple clinically effective Care Kit which provides you the tools to reduce your swelling, help protect the injury, regain your strength and motion, and finally a topical analgesic to help you through recovery all shipped right to your door.