Terms and Conditions
Terms and Conditions
Agreement between User and https://painfreeme.net
Welcome to https://painfreeme.net. The https://painfreeme.net website (the “Site”) is comprised of various web pages operated by Pain Free Me. https://painfreeme.net is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of https://painfreeme.net constitutes your agreement to all such Terms. Please read the terms carefully and keep a copy of them for your reference.
https://painfreeme.net is a health information and an E-Commerce Site. This site offers health information for educational purposes and also sells health products and services.
Privacy
Your use of https://painfreeme.net is subject to Pain Free Me’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://painfreeme.net or sending emails to Pain Free Me constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining of the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pain Free Me is not responsible for third-party access to your account that results from theft or misappropriation of your account. You agree to notify Pain Free Me immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for any losses incurred by Pain Free Me of any other user of or visitor of the Site due to someone else using your account or password as a result of your failing to keep your account information secure and confidential. Pain Free Me and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children under 13
Pain Free Me does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use https://painfreeme.net Only with permission of a parent or guardian.
Purchases
Additional terms and conditions may apply to purchases of good and services and to specific portions of features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference.
Refund Policy
Refunds are offered only for unused, unopened products from 30 days of the date of purchase. A full refund will be issued minus shipping cost. In the event an item is damaged by the shipping process, we will replace free of charge.
Links to Third Party Sites/Third Party Services
https://painfreeme.net may contain links to other websites (“Linked Sites). The Linked Sites are not under the control of Pain Free Me and Pain Free Me is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Certain services made available via https://painfreeme.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://painfreeme.net domain, you hereby acknowledge and consent that Pain Free Me may share such information and data with any third party with whom Pain Free Me as a contractual relationship to provide the requested product, service or functionality on behalf of https://painfreeme.net users and customers.
No Unlawful Are Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://painfreeme.net strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Pain Free Me that you will not use this site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All of content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pain Free Me or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any search content and will not make any changes thereto.
You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pain Free Me content is not for resale. Your use of this site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pain Free Me and the copyright owner. You agree that you do not require any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pain Free Me or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Pain Free Me from our offices within the USA. If you access the service from my location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pain Free Me content accessed through https://painfreeme.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Pain Free Me, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Pain Free Me reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pain Free Me in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, and a location mutually agreed upon by the parties. That arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding for arbitration arises out of work concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, weather directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pain Free Me agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
Pain Free Me DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OF FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pain Free Me AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Pain Free Me AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Pain Free Me AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPLHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pain Free Me AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR FOR ANY OBTAINED THROUGH THE SITE, OR OTHEWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Pain Free Me OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IF, NOTWITHSTANDING THE PROVISIONS OF THESE TERMS OF USE, Pain Free Me IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, Pain Free Me’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF THE TOTAL OF ANY FEE WITH RESPECT TO ANY SERVICE OR FEATURE ON THE SITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Pain Free Me.
Termination/Access Restriction
Pain Free Me reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota and all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pain Free Me as a result of this agreement or use of the Site. Pain Free Me’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pain Free Me’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or information provided to our gathered by Pain Free Me with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pain Free Me with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pain Free Me with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible and judicial administrative proceedings based upon are relating to this agreement to the same extent and subject to the same condition as other business documents and records originally generated in maintained and printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pain Free Me reserves the right, in its sole discretion, to change the Terms under which https://painfreeme.net is offered. The most current version of the Terms will supersede all previous versions. Pain Free Me encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Pain Free Me welcomes your questions or comments regarding the Terms:
Pain Free Me
1400 131st Ave NE
Blaine, MN 55449
Ph. (763) 862-7100
Email: painandbrain@gmail.com
Effective as of September 24, 2019