We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes will be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
Use of this site is strictly limited to those who are 18 years of age and older. Persons under the age of 18 are NOT eligible to participate on this Site.
LIMITATIONS OF USE
The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images, graphics and other information (collectively the “Site Content”), is held by Greater St. Louis Pain Management or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Greater St. Louis Pain Management. You acknowledge that the Site Content is and shall remain the property of Greater St. Louis Pain Management. You may not modify, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part. The use of the Site Content on any other web site, including by linking or framing, is prohibited without Greater St. Louis Pain Management’s prior written approval. You also may not, without Greater St. Louis Pain Management’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Site Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Site Content and Site only for lawful purposes. You are prohibited from any use of the Site Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Greater St. Louis Pain Management’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Greater St. Louis Pain Management makes no claims concerning whether the Site Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The Greater St. Louis Pain Management name and logo, www.drtzchen.com, and all associated design and/or graphics (collectively the “Greater St. Louis Pain Management Marks”) are trademarks or service marks of Greater St. Louis Pain Management. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Greater St. Louis Pain Management or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Greater St. Louis Pain Management Marks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on the Site unless in accordance with written authorization by us or the holder of the trademark. We prohibit the use of any of the Greater St. Louis Pain Management Marks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Greater St. Louis Pain Management Marks, or whether any mark or logo is a Greater St. Louis Pain Management Mark, should be referred to Greater St. Louis Pain Management.
LINKS TO THIRD-PARTY-SITES
DISCLAIMER OF WARRANTIES
NONE OF GREATER ST. LOUIS PAIN MANAGEMENT OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “GREATER ST. LOUIS PAIN MANAGEMENT GROUP”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE CONTENT AND GREATER ST. LOUIS PAIN MANAGEMENT DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE CONTENT.
THIS SITE AND ALL OF THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE CONTENT. THE GREATER ST. LOUIS PAIN MANAGEMENT GROUP DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
GREATER ST. LOUIS PAIN MANAGEMENT MAY DISCONTINUE OR MAKE CHANGES IN THE SITE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE GREATER ST. LOUIS PAIN MANAGEMENT GROUP DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. GREATER ST. LOUIS PAIN MANAGEMENT RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE GREATER ST. LOUIS PAIN MANAGEMENT GROUP BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE SITE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE GREATER ST. LOUIS PAIN MANAGEMENT GROUP, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. GREATER ST. LOUIS PAIN MANAGEMENT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE GREATER ST. LOUIS PAIN MANAGEMENT GROUPS’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO A MAXIMUM OF $100.
You agree to indemnify and hold harmless the Greater St. Louis Pain Management Group from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Greater St. Louis Pain Management Group in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. The Greater St. Louis Pain Management Group reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Greater St. Louis Pain Management. You further agree to indemnify and hold harmless the Greater St. Louis Pain Management Group from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
MONITORING OF THE SITE
Greater St. Louis Pain Management has no obligation to monitor the Site; however, you acknowledge and agree that Greater St. Louis Pain Management has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect us or other users of the Site.
SUBMISSIONS TO THE STIE
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Site Content no distribution or solicitation is made by Greater St. Louis Pain Management to any person to use the Site or Site Content in jurisdictions where the provision of the site and/or content is prohibited by law.
This Agreement is effective until terminated by Greater St. Louis Pain Management. Greater St. Louis Pain Management may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Greater St. Louis Pain Management’s absolute discretion and without notice. The following provisions of this Agreement will survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Greater St. Louis Pain Management to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Missouri, without regard to its conflict of laws rules.
This Agreement shall be subject to any other agreements you have entered into with us. In the event of a conflict in terms, the terms of this Agreement will control.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
CONTACTING GREATER ST. LOUIS PAIN MANAGEMENT
If you have questions regarding the Agreement or the practices of Greater St. Louis Pain Management, please contact us by regular mail at Greater St. Louis Pain Management Medical Practice, 11716 Studt Avenue, Creve Coeur, MO 63141. Greater St. Louis Pain Management Medical Practice is an assumed business name of T.Z. Chen, MD, a Missouri professional corporation.
© 2013 T.Z. Chen, MD
Last Updated: May 4, 2013