Terms of Service
By using this site, you signify your acceptance of and agreement to abide, in full, with all of these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.
MindOver Back Pain ("MOBP") may revise and update these Terms and Conditions at any time. Your continued usage of the MOBP website (the "Site") will mean you accept those changes in full as well.
We Are Not Doctors and This Site Does Not Provide Medical Advice
We are not doctors or licensed health care practitioners, and the contents of the MOBP Site, such as text, graphics, images, information obtained from MOBP consultants and contractors, and all other material contained on the Site (collectively, "Content"), is provided for informational purposes only. This information is not intended as, and is not medical advice or as a substitute for the advice provided by your physician or other healthcare professional. Do not use the information on this Site for diagnosing or treating a health problem or disease, or prescribing medication or other treatment. Always speak with your physician or other healthcare professional licensed in your state before embarking on any course of treatment for a health problem, and to rule-out a serious medical condition. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this Site. Using, accessing, or browsing this Site, or providing personal or medical information or otherwise communicating this with MOBP and/or any personal affiliated to MOBP, including any commentator, consultant or other person appearing on this Site, does not create a physician-patient relationship between you and any of them. Information provided on this Site and the use of any products or services purchased from this Site by you DO NOT create a doctor-patient relationship between you and any of the physicians or healthcare professionals affiliated with this web site.
Registration: Access to the MOBP program requires that you register and create a username and password to access the private BETA site. Please make sure to keep your username and login strictly confidential and only for your personal use.
Newsletters & Emails to You: At registration and at various times as you use the MOBP Site, you will be given the option of providing us with Personal Information in order to receive recurring informational/promotional newsletters – such as a newsletter relating to a specific health condition via MOBP. You can unsubscribe from any newsletter by following the directions at the bottom of the page.
Market Research & Surveys: From time to time, MOBP may conduct online research surveys through email invitations, pop-up surveys, online surveys, and online focus groups. When participating in a survey, we may ask you to enter Personal Information. The Personal Information you submit in a survey may be used in the aggregate by MOBP for research and measurement purposes, but we will never share your individual answers with a third party. When our market research surveys collect Personal Information we will not knowingly accept participants who are under the age of 13.
Our FAQ: MOBP reserves the right to use answers to questions asked by you in our FAQ publicly available on the Site. Your Personal Information will never be made public in connection with a question you have asked.
Use of Content
MOBP authorizes you to view, download or print a single copy of the material on the Site solely for your personal, noncommercial use. The Content is protected by copyright and trademark rights under both United States and foreign laws. Title to the Content remains with MOBP. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change without notice in the editorial discretion of MOBP. All rights not expressly granted herein are reserved to MOBP. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Mindoverbackpain.com (MOBP)
The use of the Site and Site Content ("content") is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MOBP and its suppliers. Accordingly, MOBP assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. The MOBP Site and the content are provided on an "as is" basis. MOBP, ITS CONSULTANTS AND CONTRACTORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MOBP, its consultants, contractors, and its suppliers, make no representations or warranties about the following: The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site. In no event shall MOBP, its consultants, contractors, and suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MOBP, its consultants, contractors, and suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. MOBP, its consultants, contractors and suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content.
MOBP allows you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MOBP passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your MOBP account and password; (3) promptly inform MOBP if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact" links located at the top of every page of the Site. You grant MOBP and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MOBP cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using MOBP tools and services.
You agree to defend, indemnify, and hold MOBP, its officers, directors, employees, agents, consultants, contractors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
MOBP is based in San Mateo, CA, in the United States of America. MOBP makes no claims that its Site or Content are appropriate for any particular user, or may be legally downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MOBP Site or Content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All of these terms and conditions survive the expiration or termination of this Agreement for any reason whatsoever.
You expressly agree that exclusive jurisdiction for any dispute with MOBP, or in any way relating to your use of the MOBP Site, resides in the federal or state courts of San Francisco County in the State of California, USA, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving MOBP or its affiliates, subsidiaries, employees, contractors, consultants, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions constitute the entire agreement between you and MOBP with respect to the use of the MOBP Site and Content.