FURTHER TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Sciatica Sucks!™ website (“Site”), you signify your assent to these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not use this Site.
Inspri, LLC may revise and update these Terms and Conditions at any time. Your continued usage of this Site will mean you accept those changes.
No Medical Advice.
The information contained in or made available by this Site, including but not limited to text, graphics, and images, does not and is not intended to convey any form of medical advice to you. The information here cannot replace or substitute for professional medical advice, diagnosis or treatment. You acknowledge by your use of this Site that all discussion content given on this Site are provided only as a reference to provide broad consumer understanding and knowledge of the topics discussed. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or any specific health issues. You should consult your physician or other qualified health provider, at your own expense, before purchasing or using any products, or obtaining any course of care or treatment or election to withhold or avoid any products, course of care or treatment. We do not recommend self-management of health problems. Reliance on any information provided on this Site is solely at your own risk. Never disregard professional medical advice or delay in seeking professional medical advice as result of any information on this Site.
User Submissions
This Site may now or in the future permit the submission of photos, audio files, videos, graphics, text, testimonials, remarks, ideas, feedback, suggestions, or other information by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. All User Submissions will be treated as nonproprietary and nonconfidential whether or not such User Submissions are published by Inspri, LLC. Nothing contained herein shall be construed as limiting or reducing Inspri, LLC’s responsibilities and obligations to you in accordance with Inspri, LLC’s Privacy Policy.
In consideration of your use of this Site and other good and valuable consideration, you hereby assign, sell, transfer, convey, and grant to Inspri, LLC, its successors, assigns, and licensees, all right, title, and interest in and to your User Submissions, to be held and enjoyed by Inspri, LLC, its successors, assigns, licensees, and other legal representatives as fully and entirely as the same would have been held by you had this assignment not been made. Inspri, LLC will not be liable for use or disclosure of any User Submissions and any ideas for its business (including without limitation, product or advertising ideas). Inspri, LLC will not incur any liability as a result of any similarities that may appear in future Inspri, LLC products or operations. Without limitation, Inspri, LLC will have exclusive ownership of all present and future existing rights to any User Submission of every kind and nature everywhere. Inspri, LLC will be entitled to use the User Submission, including but not limited to, any idea, concepts, know-how or techniques contained therein, in any media, whether now known or hereafter created, for any commercial or other purpose whatsoever, without compensation to you or any other person sending the User Submission.
You hereby unconditionally and irrevocably grant to Inspri, LLC, its successors, assigns, and licensees, the nonexclusive, worldwide right to use your name, voice, portrait, picture, photograph, identity, endorsements, and likeness in any manner and in any and all markets and media whether now known or hereafter created, including but not limited to any commercial medium, the Internet, press releases, or other media items, on and in connection with any and all of your User Submissions.
You acknowledge that you shall be solely responsible for your own User Submissions, and you, not Inspri, LLC, have full responsibility for whatever material you submit, including but not limited to its legality, reliability, appropriateness, originality, and copyright, and the consequences of posting or publishing the User Submissions. You agree to indemnify us for all claims arising from your User Submission. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or otherwise control all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by this Site and these Terms and Conditions; and (iii) you are not a minor and you have the legal right and capability to enter into this Agreement and perform and comply with these Terms and Conditions.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Inspri, LLC all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Inspri, LLC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person or entity, use a false e-mail address or otherwise mislead Inspri, LLC as to the origin of any User Submission. Inspri, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Inspri, LLC expressly disclaims any and all liability in connection with User Submissions. Inspri does not permit copyright infringing activities and infringement of intellectual property rights on this Site, and Inspri, LLC will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Inspri, LLC reserves the right to remove Content and User Submissions without prior notice. Inspri, LLC will also terminate a User’s access to this Site if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from this Site. Inspri, LLC also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Inspri, LLC may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)) for further detail:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Inspri, LLC designated Copyright Agent to receive notifications of claimed infringement is: Nathan Ridder, Copyright Agent, Inspri, LLC, P.O. Box 17561, Golden, CO 80402, email: nate@insprico.com, fax: 303-278-6957. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Inspri, LLC customer care. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You understand that when using this Site, you may be exposed to User Submissions from a variety of sources, and that Inspri, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Inspri, LLC with respect thereto, and agree to indemnify and hold Inspri, LLC, its owners, operators, officers, directors, successors in interest, employees, agents, subsidiaries, members, suppliers, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of this Site.
Intellectual Property Rights Ownership and Notification.
All content available on this Site, including, but not limited to, text, graphics, photographs, logos, images, audio clips, and software, and the compilation thereof (the “Content”) and the trademarks, logos, and service marks displayed on this Site, including but not limited to "Inspri®” and “Sciata®”, (collectively, the “Trademarks”) are owned, controlled, or licensed by or to Inspri, LLC, our affiliates, our partners, or our licensors, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and Trademarks on this Site are solely for your personal, non-commercial use.
Neither the Content, Trademarks, nor any other portion of this Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed, and/or exploited in any way, in full or in part, including by e-mail or other electronic means for commercial use without proper license agreements with Inspri, LLC. Neither title nor intellectual property rights are transferred to you by access to this Site.
Warranty Disclaimer.
EXCEPT AS PROVIDED HEREIN, INSPRI, LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
General Disclaimer.
INSPRI, LLC DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. INSPRI, LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE, IF ANY, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INPSRI, LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
Limitation of Liability.
IF, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, INSPRI, LLC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, INSPRI, LLC’S LIABILITY SHALL IN NO EVENT EXCEED $100.00.
Indemnity.
You agree to indemnify and hold Inspri, LLC, its officers, directors, successors in interest, employees, agents, subsidiaries, members, suppliers and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Inspri, LLC by any third party due to or arising out of or in connection with your use of this Site.
Privacy Policy.
Inspri, LLC’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Inspri, LLC’s Privacy Policy, click here . Please review Inspri, LLC’s Privacy Policy so that you may understand our privacy practices. By using this Site, you acknowledge, agree, and understand that Internet transmissions are never completely private or secure and a third party may intercept or read any message or information that you send to this Site, even if that a particular transmission (for example, credit card information) is encrypted.
Jurisdictional Issues.
We operate and control our Site from our offices in Golden, Colorado in the United States of America. Although this Site is accessible worldwide, not all features offered through or on this Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Inspri, LLC reserves the right to limit, in its sole discretion, the provision of this Site and any of its features to any person or geographic area. Any offer or any feature, product or service made on this Site is void where prohibited. If you choose to access this Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Governing Law.
You agree that all matters relating to your access to or use of this Site, including but not limited to any disputes relating to these Terms of Use, will be governed by laws of the State of Colorado, United States of America without regard to principles of conflicts of laws. You agree to the personal jurisdiction by and venue in the state and federal courts in the City and County of Denver, Colorado, and waive any objection to such jurisdiction and venue. You agree that all actions or proceedings arising in connection with these Terms of Use shall be tried and litigated exclusively in the State and Federal courts located in the State of Colorado, United States of America.
Disclaimer Regarding Other Websites.
This Site may contain links to or advertisements of products or services available through other independent third-party Websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors, and Inspri, LLC is not responsible for the content, advertising, products, privacy policies or other material made available through any Linked Sites nor do we endorse any Linked Sites. Please direct your concerns to that Linked Sites’ webmaster or appropriate contact.
Miscellaneous.
If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions. These Terms of Use, together with Inspri, LLC’s Privacy Policy and any other legal notices published by Inspri, LLC on this Site constitute the entire Agreement between you and Inspri, LLC governing your access to, dealings with, and use of this Site, and any and all other written or oral agreements or understandings previously existing between you and Inspri, LLC with respect to such access to, dealings with, or use are hereby superseded and canceled. Inpsri, LLC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a wavier by Inspri, LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Inpsri, LLC and you or any other party be deemed to modify any provision of these Terms of Use.