Terms of Service

PainCast.com (the “Site”) is a website offering certain information about pain and pain management.  On this Site, Physicians may share their experiences regarding pain management, as well as their views and information about different clinical techniques.  In addition, this Site provides video resources regarding some pain management techniques.

This Site contains generalized information only and does not endorse or recommend any particular course of treatment for any individual patient.  The information provided on this Site is for educational purposes only, and is not provided for the purpose of diagnosing or treating any health problem or disease.  The information provided on this Site is not a substitute for professional medical care.  If you have, or suspect you have, a health problem, you should consult a licensed healthcare provider.

Please carefully review these Terms of Use.  This Site is intended to be used and accessed by members only.  It is intended for use only by adults, and only adults may register as members.  Your registration as a member and your use of this Site constitutes your acceptance of these Terms of Use without limitation or qualification.  If you do not agree to these Terms of Use, you must not access or use this Site.  PainCast may make changes to these Terms of Use at any time, which will become effective upon posting on the Site.

This Site contains videos of various physicians discussing clinical techniques, and their experiences and views regarding those techniques.  PainCast makes no representations or warranties as to the accuracy, completeness, or currency of the information provided on this Site.  The opinions expressed are the opinions of the physicians expressing them only, and are not endorsed by PainCast.  All information on this site is provided “as is,” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.  You agree that PainCast shall not be liable with respect to any of the information or opinions on this Site, or any use thereof, for any direct, special, incidental, consequential or punitive damages arising out of the Site or any errors or omissions in the content thereof based upon any cause of action or legal theory.   PainCast assumes no responsibility, and shall not be liable for, any damage or viruses to your computer arising from or related to your access of this Site, or downloading any materials or content from this Site.

All trademarks, service marks and logos displayed on this Site are the registered or unregistered trademarks of PainCast or are licensed to PainCast.  In addition, all content, including but not limited to videos, sound, text, software, photographs and graphics belong exclusively to PainCast or PainCast’s licensors and are subject to copyright protection.  Nothing on this Site or Terms of Use is intended to convey any interest in the Site or its content to you.

This Site may provide links to websites operated by third parties.  Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them.  Any third party links are provided solely as a convenience to you, and PainCast does not review, monitor, or check the accuracy of information or content on any third party sites.  PainCast makes no warranties or representations of any kind regarding the accuracy, currency or completeness of any content or information contained in any third party site, and shall have no liability for any damages or injury arising from such content or information.

PainCast administers and controls this Site from within the Unites States of America and this Site is intended only for residents in the United States.  You may not access, download, use or export the Site or its content in violation of any applicable laws or regulations.

Your right to use this Site is personal to you.  As a member of the Site, you agree not to reproduce, copy, duplicate, or sell the Site, or any content or information on the Site, without the written consent of PainCast.

By accessing this Site, you agree to indemnify, defend and hold PainCast, its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, due to or arising out of, or in any way connected with, any use or access to this Site or your violation of these Terms of Use.

The Terms of Use and your use of this Site shall be governed by the laws of the United States and the State of New York, without regard to its conflicts of laws principles.  Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction in New York.

If any of these Terms of Use are held to be unlawful, void, or unenforceable, then such provision shall be severable, without affecting the enforceability of the remaining provisions.  PainCast reserves the right to alter or delete materials from this Site at any time.  PainCast’s failure to act with respect to any breach by you does not constitute a waiver of PainCast’s right to act with respect to subsequent or similar breaches.  Nothing contained in these Terms of Use shall be deemed to make either party the agent or representative of the other.