Date Effective: April 2020
This website, thebackpainsos.com, (the "Site") is owned and operated by DIRECT RESPONSE SRL ("COMPANY" "we" or "us").
Accessing thebackpainsos.com, in any manner, whether automated or otherwise, constitutes use of thebackpainsos.com and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of thebackpainsos.com, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use thebackpainsos.com after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on
thebackpainsos.com are the property of us and/or our
affiliates or licensors, and are protected by copyright, trademark, and other intellectual
property laws. thebackpainsos.com is provided solely
for your personal noncommercial use. You may not use thebackpainsos.com or the materials available on
thebackpainsos.com in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of
Service or by the owner of the materials, you may not modify, copy, reproduce, republish,
upload, post, transmit, translate, sell,
create derivative works, exploit, or distribute in any manner or medium (including by email or
other electronic means) any material
You may, however, from time to time, download and/or print one copy of individual pages of thebackpainsos.com for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without
limitation, comments, blog entries,
Facebook postings, photos and videos) to us via thebackpainsos.com, internet groups, social media
venues, or to any of our staff via email, text
or otherwise, you are representing:
(i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and
(ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be
deemed a "work made for hire" when the work
performed is within the scope of the definition of a work made for hire in Section 101 of the
United States Copyright Law, as amended.
As such, the copyrights in those works shall belong to DIRECT RESPONSE SRL from their creation. Thus, DIRECT RESPONSE SRL shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as DIRECT RESPONSE SRL determines.
In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to DIRECT RESPONSE SRL all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that DIRECT RESPONSE SRL has the right but not the obligation to use and display any postings or contributions of any kind and that DIRECT RESPONSE SRL may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to thebackpainsos.com so long as the link does not state or imply any sponsorship of your site by us or by thebackpainsos.com. However, you may not, without our prior written permission, frame or inline link any of the content of thebackpainsos.com, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout thebackpainsos.com, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through thebackpainsos.com or on websites linked to by us on thebackpainsos.com.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not DIRECT RESPONSE SRL. Neither DIRECT RESPONSE SRL nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, DIRECT RESPONSE SRL neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of thebackpainsos.coms by anyone other than an authorized DIRECT RESPONSE SRL representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH thebackpainsos.com AND BY DIRECT RESPONSE SRL AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT thebackpainsos.com OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF thebackpainsos.com OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless DIRECT RESPONSE SRL its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of thebackpainsos.com may allow you to purchase many different types of products and
online that are provided by third parties. We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect
of these products and services. If you make a purchase from a merchant on thebackpainsos.com or on a
to by thebackpainsos.com, the information obtained during your visit to that merchant's online store
or site, and
the information that you give as part of the transaction, such as your credit card number and
contact information, may be collected by
both the merchant and us. A merchant may have privacy and data collection practices that are
different from ours.
We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through thebackpainsos.com, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through thebackpainsos.com.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that DIRECT RESPONSE SRL shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your
thebackpainsos.com. You agree to use thebackpainsos.com and to purchase services or
products through thebackpainsos.com for legitimate, non-commercial purposes only. You also agree not
to make any
purchases for speculative, false or fraudulent purposes or for the purpose of anticipating
demand for a particular product or service.
You agree to only purchase goods or services for yourself or for another person for whom you are
legally permitted to do so.
When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on thebackpainsos.com, or sent via any email services on thebackpainsos.com, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through thebackpainsos.com. It is a condition of your use of thebackpainsos.com that you do not:
DIRECT RESPONSE SRL may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. DIRECT RESPONSE SRL or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by DIRECT RESPONSE SRL staff, DIRECT RESPONSE SRL's outside contributors, or by users not connected with DIRECT RESPONSE SRL, some of whom may employ anonymous user names. DIRECT RESPONSE SRL expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of DIRECT RESPONSE SRL or any of its subsidiaries or affiliates.
DIRECT RESPONSE SRL has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on thebackpainsos.com. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To access certain features of thebackpainsos.com, we may ask you to provide certain demographic
information including your gender, year of
birth, zip code and country. In addition, if you elect to sign-up for a particular feature of
thebackpainsos.com, such as chat rooms, web
logs, or bulletin boards, you may also be asked to register with us on the form provided and
such registration may require you to
provide personally identifiable information such as your name and email address. You agree to
provide true, accurate, current and
complete information about yourself as prompted by thebackpainsos.com's registration form. If we have
reasonable grounds to suspect that
such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate
your account and refuse any and all
current or future use of thebackpainsos.com (or any portion thereof).
To use certain features of thebackpainsos.com, you will need a username and password, which you will
receive through thebackpainsos.com's
registration process. You are responsible for maintaining the confidentiality of the password
and account, and are responsible for all
activities (whether by you or by others) that occur under your password or account. You agree to
notify us immediately of any
unauthorized use of your password or account or any other breach of security, and to ensure that
you exit from your account at the end
of each session.
We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR THE INABILITY TO USE,
thebackpainsos.com, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR
SERVICES, OR THIRD-PARTY MATERIALS,
PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH thebackpainsos.com OR BY US IN ANY WAY, EVEN IF WE ARE
ADVISED BEFOREHAND OF THE POSSIBILITY OF
SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH thebackpainsos.com, ANY MATERIALS, PRODUCTS, OR SERVICES ON thebackpainsos.com, OR WITH ANY OF thebackpainsos.com'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING thebackpainsos.com AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND DIRECT RESPONSE SRL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
ALEC DEACON IS A PSEUDONYM WHICH OUR WRITERS USE TO COMMENT ON ISSUES RELEVANT TO
OUR CUSTOMERS AND RECOMMEND PRODUCTS WHICH WE BELIEVE
ARE SOLUTIONS TO SERIOUS PROBLEMS, SITUATIONS OR ISSUES.
WE USE A PSEUDONYM FOR PRIVACY PURPOSES AND ENABLE US TO USE THE TALENTS OF EXPERTS IN A VARIETY OF FIELDS TO COMMENT ON RELEVANT ISSUES AND SOLUTIONS THEREOF.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON thebackpainsos.com:
THIS SITE AND CONTENT WHICH WE PRODUCE AND OFFER FORM SALE OFFERS HEALTH, WELLNESS, FITNESS AND
NUTRITIONAL INFORMATION AND IS DESIGNED
FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR
DOES IT REPLACE, PROFESSIONAL MEDICAL
ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU
SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR
OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH
RELATED ADVICE FROM YOUR HEALTH-CARE
PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE.
THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
We may cancel or terminate your right to use thebackpainsos.com or any part of thebackpainsos.com at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of thebackpainsos.com affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from thebackpainsos.com, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any
Each specific product, service, event or course will specify its own refund policy.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners
who believe that material appearing on
the Internet infringes their rights under the U.S. copyright law. If you believe in good faith
that materials hosted by DIRECT RESPONSE SRL infringe your copyright, you, or your agent may send to DIRECT RESPONSE SRL a notice requesting that
the material be removed or access to it
be blocked. Any notification by a copyright owner or a person authorized to act on its behalf
that fails to comply with requirements of
the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon
DIRECT RESPONSE SRL actual knowledge of facts or
circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to DIRECT RESPONSE SRL a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright for details. DIRECT RESPONSE SRL's Copyright Agent for notice shall be [email protected]
This Agreement shall be binding upon and inure to the benefit of DIRECT RESPONSE SRL and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of DIRECT RESPONSE SRL Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by DIRECT RESPONSE SRL to any affiliated entity or any of its wholly owned subsidiaries.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within these Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.