Advanced Pain Management Terms of Use

Effective Date: July 20, 2013

This website, www.apmhealth.com, is made available to you by Advanced Pain Management, LLC (APM). Your access to and use of this website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing, using or registering to use this website so that you fully understand your rights and responsibilities. By accessing, using or registering to use this website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access, use or register to use this website. 

Amendments

We may modify or amend these Terms of Use at any time, and any changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website prior to their implementation. 

Privacy Policy

You understand that use and access of the website is also subject to the APM Privacy Policy, which is incorporated into these Terms of Use by this reference.

No Medical Advice

APM does not test, review, endorse or approve any third party product or service for safety, efficacy or any other feature.

This website and the information provided on this website are intended solely for consumer education. We do not provide medical or pharmaceutical advice. APM provides only general information via this website. Do not disregard, avoid or delay obtaining medical advice from your physician, pharmacist or other qualified healthcare provider because of something you have read on this website. If you have a medical condition or concern, please contact your physician or pharmacist. This website does not in any way establish a patient/physician, patient/pharmacist or any other professional relationship.

Site Information

APM does not review or confirm that the material, information and data on or available through this website is accurate or reliable. We may modify information available on the website without notice. 

Some services may not be available in certain areas and some materials and products may not be appropriate or available for use outside the United States. If you access this website from outside the United States you do so at your own risk.

All offers on this rebsite are void where prohibited and are subject to any additional terms pertaining to such offers.

Third Party Data, Videos and White Papers

APM may make available postings, videos, research, white papers and other information authored or contributed by third parties. The views and opinions expressed in such materials posted onthis website are solely the views of the authors of such materials and APM has not verified the accuracy of such materials or the methodology of any research, nor has APM confirmed whether any claims have been reviewed or substantiated by any individual or entity including without limitation the Food and Drug Administration. As a result, APM has no liability for any research, information, data, views or opinions contained in such materials. Your use of the information available on this website is at your own risk.

Use of this Site

By using or registering to use this website, you represent that you are at least 18 years of age and you possess the legal right and ability to agree to these Terms of Use and to use this Website in accordance with these Terms of Use.

You may download and/or print one (1) copy of this website’s content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of APM.

This website contains functionality that allows users to upload content to the website. By posting, uploading, inputting, providing, sending or submitting any content to this website you agree to the following:

• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
• You will not use this website for any purpose in violation of local, state, national or international laws.
• You will not use this website as a means to distribute advertising or other unsolicited material to any third party.
• You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by APM in its sole discretion.
• You will not impersonate another person.
• You will not upload any content that violates any other persons copyrights, trademarks, patents, trade secrets or any other intellectual property rights.

You are solely responsible for the content you communicate or submit. APM has no liability for your content. Although APM is not obligated to monitor content or the accuracy of information submitted through this website, APM, in its sole discretion, has the right to monitor, without notice, any such content or information. 

APM also reserves the right, in its sole and absolute discretion, to prohibit any conduct and remove any content without notice for any reason and to revoke any user’s access to this website or the ability to post or submit for any reason. APM may also limit, remove or delete any content or other information stored or submitted that APM in its sole discretion deems to be in violation of these Terms of Use or any applicable federal, state or local law, regulation or ordinance. 

APM will cooperate with any governmental authority in connection with any inquiry into any user or any user content and may disclose information pertaining to any user and any user content to any governmental authority as may be requested.

Passwords & Registration

In order to use certain portions of this website, you must register with APM. You agree to provide true, accurate, current and complete information about yourself on the registration form and to maintain and promptly update such information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of this Website. Account information and other information about you are subject to the terms of our Privacy Policy.

Carefully choose, use and save your passwords for any private access portion of this website. APM has no control over use of passwords and cannot tell whether someone else is accessing the website under your password. As a result, you are solely responsible for any use of your password or other login information by you or any third party and APM has no responsibility or liability for any such use. If you become aware of any unauthorized use of your password, you must promptly notify APM at apmcompliance@apmhealth.com

APM may terminate, suspend or block your access to the website and/or privileges in the event we reasonably believe you have violated these Terms of Use.

Bill Payments

APM may permit you to pay your bills for services delivered by our providers through this website. All payments are processed by our third party payment processor, currently InstaMed Communications, LLC. Your credit card information may be maintained by our payment processor to the fullest extent permitted by Payment Card Industry security standards in order to facilitate future orders. APM will not have access to or maintain your credit card information.

If the card information that you submit is incorrect or invalid, your payment will not be processed. Payment is subject to the approval of the financial institution issuing the card. We assume no responsibility or liability if the financial institution refuses to accept or honor your card for any reason. When you link to the third party processor’s website to make your payment, the Terms of Use and Privacy Policy governing their website will govern your use of the bill payment service.

Intellectual Property Rights

Copyright Advanced Pain Management, LLC 2013.  All rights reserved.

All copyrightable text, audio, video, recordings, graphics, charts, photographs, icons, and the design, selection, and arrangement of content on this website are the proprietary materials of APM or its third party licensors or suppliers, unless otherwise noted. The distinctive and original layout and presentation of this website constitutes protectable trade dress under applicable federal law. In addition, proprietary trademarks belonging to APM or third parties appear throughout this website. 

APM also uses proprietary algorithms to run certain software tools made available on this website. These algorithms and all related software and technology are the sole and exclusive property of APM and/or its licensors. 

Any unauthorized use, reproduction or distribution of any copyrighted materials, trade dress, marks or any other intellectual property belonging to APM or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

APM may provide references to products or services, provided or sold by third parties. APM does not approve, recommend, or endorse any third party product or service, nor does APM have any responsibility or liability for the same. The trademarks and service marks associated with such third party products and services continue to be owned by such third party and are used on this website solely to identify such party’s products and services.

Copyright Claims

If you believe that your copyright in any material has been infringed by material available on this website, please provide our copyright agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:

            (a)        a description of the copyrighted work you claim has been infringed,

            (b)        a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,

            (c)        your address, telephone number and email address,

            (d)       a statement by you that you have a good faith belief that the disputed use is not authorized

            (e)        a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and

            (f)        a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

 

APM’s copyright agent for notice of claims of copyright infringement on this website can be reached as follows:          

apmcompliance@apmhealth.com
or
Advanced Pain Management
4131 W. Loomis Rd
Suite 300
Greenfield, WI 53221
Attn: General Counsel

You understand and agree that: (1) APM assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the website by any other users or third parties, and (2) APM is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act (DMCA).

NO LIABILITY

In no event shall APM or any of its officers, representatives, directors, employees, consultants or agents be liable for any damages for loss of use, loss of data, loss of profits, or business interruption or any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever arising out of or in any way related to the use or performance of this website or any material, information, data or services obtained through this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if APM has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the website even if such remedy should fail of its essential purpose.

You are responsible for any decision made or action taken by you in reliance on any information, advice or materials provided on this website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitation may not apply to you. 

NO WARRANTY

This website is provided by APM on an "as is, "where is" and "with all faults" basis. APM disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties arising from a course of dealing or usage in trade.

APM makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. Your use of information downloaded or otherwise obtained through the use of this website is at your own discretion and risk. 

Although APM uses industry standard virus detection software, APM does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, trojan horses or other malicious code that could be harmful to your computer system. You are solely responsible for any damage to your computer system and loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

No advice or information, whether oral or written, obtained by you from APM or in any manner from this website shall create any warranty. 

Third-Party Websites

This website may refer to, link to, or be linked to, other websites not maintained by or related to APM. Such links are provided only as a convenience to our visitors. APM has not reviewed all such websites and is not responsible for the content, accuracy or policies of any such websites. APM is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

This website may also refer to or otherwise suggest products or services provided, manufactured or sold by third parties. APM does not test, review, endorse or approve such products or services safety, efficacy or any other feature.

Indemnification

You agree to indemnify, defend and hold harmless APM, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Milwaukee County, Wisconsin with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by APM in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this Website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

These Terms of Use, together with the APM Privacy Policy, constitute the entire agreement between you and APM with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. 

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by APM. These Terms of Use will inure to the benefit of APM’s successors and assigns.

Contact Us

If you have any other questions or concerns regarding these Terms of Use, please contact us at: Advanced Pain Management, S.C., 4131 W. Loomis Road, Suite 300, Greenfield, WI 53221; by email at apmcompliance@apmhealth.com; or by telephone at (888) 901-7246.