CHIROPRACTOR'S NATIONWIDE DIRECTORY

1-800-PAIN-FREE Terms of Service

When you use the information, services and products available through 1-800-PAIN-FREE.com, you are agreeing to comply with and be bound by the terms and conditions below. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.

The term "1-800-PAIN-FREE.com", "us" or "our" refers to NetAdventures, Inc., the legal name of the owner of the Web site. The term "you" refers to the user or viewer of our Web Site.

Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site.

Email

Certain sections of, or offerings from, the Site may require you to send an email. If you send an email through the site, you agree to provide us with accurate and complete information. We make no guarantees whatsoever that your privacy will be protected by the parties you send your email to through the 1-800-PAIN-FREE.com website.

Not A Referral Service; No Legal Advice or Attorney-Client Relationship

Information contained on or made available through the Site is not intended to and does not constitute legal advice or recommendations under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a bail agency or law firm and the Site is not a bail agent or attorney referral service.

Liability Disclaimer

The information, services and products available to you at 1-800-PAIN-FREE.com may contain errors and at times, the site may be subject to periods of interruption. Although 1-800-PAIN-FREE.com tries its best to maintain the information, services and products it offers on the Internet, it does not make any warranty as to the reliability or accuracy or content of any information, service or merchandise provided through 1-800-PAIN-FREE.com.

IF YOU ARE DISSATISFIED WITH THE 1-800-PAIN-FREE.com WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE 1-800-PAIN-FREE.com WEB SITE.

1-800-PAIN-FREE.com PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE "AS IS," WITH ABSOLUTELY NO WARRANTIES. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL 1-800-PAIN-FREE.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF 1-800-PAIN-FREE.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of a Covered Party.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (hereinafter "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not 1) use the Site for the purpose of gathering information for or transmitting (i) unsolicited commercial email; (ii) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (iii) unsolicited telephone calls or facsimile transmissions; 2) create compilations or derivative works of any Content and Materials from the Site; 3) copy, print (except for the express limited purpose permitted by the Limited License section above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; 4) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; 5) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism 6) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; 7) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; 8) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; 9) remove, decompile, disassemble or reverse engineer any Site programming or use any network monitoring or discovery software to determine the Site architecture; 10) use any automatic or manual process to harvest information from the Site; and 11) export or re-export the Site or any portion thereof, in violation of the export control laws or regulations of the United States.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your personal information, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Links to other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

Nontransferable

Your right to use the Site is not transferable or assignable.

Advertisers

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

Third Party Content

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Third-Party Services

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Third-Party Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Intellectual Property Rights

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under the Limited License section below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b) A description of the copyrighted work that you claim has been infringed; c) A description of where the material that you claim is infringing is located on the Site; d) Your address, telephone number, and email address; e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. g) Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to editor@800painfree.com

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in San Diego, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS applicable at the time the arbitration commences. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California. Each party shall bear its own attorneys' fees. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.

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