These Terms of Use were last updated on March 4, 2021.

1. General

1.1. Your access to and use of the Safer Pain Management website (www.saferpainmanagement.com) and the information and services accessible by and made available on or through the Safer Pain Management website, including any information provided by and communicated to you on or through the Safer Pain Management website (all of the foregoing, collectively, the “Site”) are subject to the following terms and conditions and all applicable laws. By using, accessing, and browsing this Site, you accept, without limitation or qualification, these Terms of Use.

1.2. Safer Pain Management, LLC (“Safer Pain Management”, and collectively with its affiliates, “Safer Pain Management Parties”) may at any time amend these Terms of Use by updating this posting, so you should visit this page from time to time to be aware of any such changes. Your continued use of this Site after any changes to these Terms of Use are posted will be considered acceptance of those terms.

2. No Medical or Pharmaceutical Advice

2.1. This Site does not provide medical or pharmaceutical advice. The contents on this Site are intended for general informational and educational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

2.2. Any decisions regarding the use of any pharmaceutical products or other information referenced on this Site should be based on the independent judgment of your healthcare provider. Though this Site may provide links to third-party websites and resources (for example, telehealth to facilitate an introduction or otherwise connect you with a healthcare provider) Safer Pain Management Parties are not responsible for any professional medical advice, treatment plan, procedures, tests, or other information from such third parties and do not endorse, recommend, or otherwise affirm any such information.

2.3. Call 911 immediately if you think you may be experiencing a medical emergency.

3. Disclaimer of Warranties

3.1. While Safer Pain Management Parties use reasonable efforts to include accurate and up to date information in the Site, Safer Pain Management Parties make no warranties or representations with respect to the content of the Site or the information contained therein. This Site is provided on an “AS IS” basis. Safer Pain Management Parties will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Site and is under no duty, express or implied, to update this Site as new information becomes available. Safer Pain Management Parties reserve the right to correct any errors, omissions, or inaccuracies in the Site. Safer Pain Management Parties are not responsible for any claim, loss or damage directly or indirectly resulting from your use of the Site. Safer Pain Management Parties are not responsible for any inaccuracy of the Site and Safer Pain Management Parties are not responsible and do not accept any liability for the consequences arising from the application, use, or misuse of the Site, including any injury or damage to any person or property as a matter of product liability, negligence or otherwise.

3.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Safer Pain Management PARTIES DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND MERCHENTABILITY.

3.3. Safer Pain Management Parties assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. Safer Pain Management Parties reserve the right to interrupt or discontinue any or all of the functionality of its Site. Safer Pain Management Parties accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of or access to the Site or the Information, whether the result of actions or omissions of this entity or a third party.

3.4. The Site may contain technical inaccuracies or typographical errors. Safer Pain Management Parties reserve the right, but accept(s) no obligation, to make changes, corrections and/or improvements to the Site, at any time without notice.

4. Content

4.1. The content on this site is subject to copyright protection and may not be used except as provided in these Terms of Use without the written permission of Safer Pain Management. You may print or download information solely for your personal, noncommercial, nonpublic use only if you retain and reproduce every copyright notice (e.g., ©2021 Safer Pain Management, LLC). You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without written permission of Safer Pain Management.

4.2. With the exception of the foregoing limited authorization, no license to or right in any copyrighted material of Safer Pain Management Parties or of any other party is granted or conferred to you. The Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights owned or licensed by Safer Pain Management, the Safer Pain Management Parties, or other third parties. No implied or express license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Safer Pain Management or other parties is granted to or conferred upon you. Safer Pain Management Parties neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Safer Pain Management Parties.

5. Limitation of Liability

5.1. To the maximum extent permitted by applicable law, in no event shall Safer Pain Management Parties (including their owners, officers, directors, employees, or other representatives) be liable, directly or indirectly, for any damages of any kind, including but not limited to, direct, indirect, consequential, incidental, special, punitive damages, or any damages whatsoever, resulting from any loss related to or arising from your use of this Site.

5.2. You acknowledge and agree that the limitations as set forth above are material elements of this agreement and the Site would not be made available to you absent such limitations. The use of this Site is at your own risk.

6. No Confidentiality; Personal Information

6.1. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of Safer Pain Management and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Any information you provide is on a voluntary basis and not required to access this Site.

6.2. Other than the basic information we may request to provide you access to various resources on this Site (e.g., email, first name, age, etc.) you agree to not provide Safer Pain Management Parties, in any communication or material, any personally identifiable information, including any medical, health, or financial information.

6.3. Certain non-personal information of visitors to this Site may be recorded by the standard operation of Safer Pain Management’s Internet servers. Safer Pain Management may use “cookies” and other tracking mechanisms to collect this information. This information is primarily used to provide an enhanced website experience for any visitors. Information tracked includes the type of browser being used by the visitor, the Internet address of the site you came from, the type of operating system in use by the visitor, the date and time of your access and the pages you visit, and the domain name of the visitor’s Internet service provider. By having this information, webpages optimized for a particular user’s computer are automatically made available to that user. Other use of this information may include internal review of the number of visitors to this Site, but only in an aggregate form. If you do not want to receive cookies, you may set your browser to reject them. Please note, turning cookies off may interfere with your ability to access all of the features of this Site.

6.4. Please review our Privacy Policy for more information.

7. Indemnification

You agree to indemnify, defend and hold harmless Safer Pain Management Parties (including their owners, directors, officers, employees, and representatives) from and against any liability, claim, loss, expense (including reasonable attorney’s fees) related to or arising from your use of the Site or your violation of these Terms of Use.

8. Miscellaneous

8.1. This Site is not intended or designed to attract or be used by children under the age of 16. Safer Pain Management Parties do not knowingly collect information from any child under the age of 16. You should not use or access this Site unless you are at least 16 years of age or older. If a child under 16 has provided any personal information on this Site, a parent or guardian may contact Safer Pain Management via email at info@saferpainmanagement.com and Safer Pain Management will use commercially reasonable efforts to delete it from our databases, subject to applicable law.

8.2. Third party websites linked to from this Site may each have different terms of use, privacy policies, and practices. You should carefully review these other websites’ terms of use, privacy policies, and other practices in order to determine how each website may use any personal information you provide. These Terms of Use apply solely to information collected through the Site and not through any other websites or sources.

8.3. In addition to the rights and privileges described in these Terms of Use or the Privacy Policy, Safer Pain Management Parties reserve the right to elect to electronically monitor areas of the Site and may disclose any information, content, records of any kind if required to do so by law, regulation or government request, if such disclosure is necessary or appropriate to operate the Site, or to protect our rights or property, or the rights of the users, partners, affiliates, licensors, or other third parties.

8.4. You expressly agree that the exclusive jurisdiction for any dispute with Safer Pain Management Parties, or in any way relating to your use of the Site, shall be in the courts in Cobb County in the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia. These Terms of Use shall be construed and are governed by the laws of the State of Georgia, without respect to its conflict of laws principles.

8.5. If any provision of this Terms of Use is found unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions.

8.6. No waiver of any of these terms or conditions shall be deemed a further or continuing waiver of such term or any other term or condition.

8.7. These Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between you and Safer Pain Management with respect to the use of the Site.

8.8. If you have any questions or comments regarding the Site, please contact Safer Pain Management at info@saferpainmanagement.com .