Read This Terms-of-Use Agreement Before Accessing Web Site.
Effective Date: This Terms-of-Use Agreement was last updated on April 30, 2008.
This Terms-of-Use Agreement sets forth the standards of use of the Advanced Pain Centers of Alaska Web Site. By using the APCAlaska.com Web Site you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at APCAlaska.com web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Advanced Pain Centers of Alaska is providing User with information delivered through the APCAlaska.com website. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relating to such connection.
Disclaimer of Warranties.
The site is provided by Advanced Pain Centers of Alaska on an “as-is” and on an “as-available” basis. To the fullest extent permitted by applicable law, Advanced Pain Centers of Alaska makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Advanced Pain Centers of Alaska shall have no liability for any interruptions in the use of this Web Site. Advanced Pain Centers of Alaska disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable.
Limitation of Liability
Advanced Pain Centers of Alaska SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER; AND, IN PARTICULAR ADVANCED PAIN CENTERS OF ALASKA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ADVANCED PAIN CENTERS OF ALASKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
User agrees to indemnify and hold Advanced Pain Centers of Alaska, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
Advanced Pain Centers of Alaska reserves the right to modify or discontinue the Service with or without notice to the User. Advanced Pain Centers of Alaska shall not be liable to User or any third party should Advanced Pain Centers of Alaska exercise its right to modify or discontinue the Service. User acknowledges and accepts that Advanced Pain Centers of Alaska does not guarantee continuous, uninterrupted or secure access to our website; and, operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Advanced Pain Centers of Alaska makes every effort to ensure that the information on this web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Advanced Pain Centers of Alaska makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Alaska
Our website is operated and provided in the State of Alaska. As such, we are subject to the laws of the State of Alaska; and, such laws will govern this Terms-of-Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State of Alaska.
Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Advanced Pain Centers of Alaska™ and APCAlaska.com™ are proprietary marks of Advanced Pain Centers of Alaska. Advanced Pain Centers of Alaska’s trademarks may not be used in connection with any product or service that is not provided by Advanced Pain Centers of Alaska, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Advanced Pain Centers of Alaska.
All other trademarks displayed on Advanced Pain Centers of Alaska’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Advanced Pain Centers of Alaska.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Advanced Pain Centers of Alaska.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Advanced Pain Centers of Alaska
Attention: Glinda Smith
3035 E. Palmer-Wasilla Hwy., Unit 501
Wasilla, AK 99654
By Telephone: (907) 357-8330
By Email: support@alaskapain.net
Other Terms
If any provision of this Terms-of-Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms-of-Use Agreement and any other agreements referenced herein may be assigned by Advanced Pain Centers of Alaska, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms-of-Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms-of-Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.