Terms & Conditions
Your access to www.TheBetterWayBack.org is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Statement, which is hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this web site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this web site, your sole and exclusive remedy is to discontinue using this site.
DISCLAIMERS
You acknowledge and agree that:
a. The materials on this web site are for your general educational information only. Information you read on this web site cannot replace the relationship that you have with your health care professional. The Better Way Back® does not practice medicine or provide medical services or advice and the information on this web site should not be considered medical advice. You should always talk to your health care professional for diagnosis and treatment. Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.
b. Although we strive to provide on this web site the latest developments relating to our products and services, and other information about our program, we do not warrant the accuracy, effectiveness and suitability of any information contained in this web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. The Better Way Back reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
c. THE BETTER WAY BACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. THE BETTER WAY BACK HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL THE BETTER WAY BACK BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER THE BETTER WAY BACK HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
d. The Better Way Back is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. This web site contains information about products and therapies authorized in the United States, and is intended for a U.S. audience. If you live outside the U.S., you may see information on this web site about products or therapies that are not available or authorized in your country.
CONDITIONS OF USE
You understand, acknowledge, and agree to the following:
a. Except as expressly stated and agreed upon in advance by The Better Way Back, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to The Better Way Back (such as feedback, questions, comments, suggestions, ideas, etc.). If The Better Way Back Web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), The Better Way Back shall obtain, use and maintain it in a manner consistent with our Privacy Statement. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and The Better Way Back shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to The Better Way Back is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
b. You grant to The Better Way Back the right to use all content you upload or otherwise transmit to this Web site or The Better Way Back, subject to these Terms and Conditions and The Better Way Back’s Privacy Statement in any manner The Better Way Back chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
c. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
INTELLECTUAL PROPERTY
The information, documents, and related graphics published in this Internet Web site (the “Information”) are the sole property of NuVasive®, Inc., except for information provided by third-party providers under contract to NuVasive. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text. The Better Way Back is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of NuVasive®, Inc. All marked trademarks used on this web site are the property of NuVasive®, Inc. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered (common law) trademark. No use of any NuVasive®, Inc. trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of NuVasive®, Inc., except to identify the product or services of the company. If you use the materials or trademarks on this web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this web site. Title to the material on this web site remains with us or with the authors of such materials. All rights not expressly granted are reserved. All third party trademarks are the property of their respective owners.
PRIVACY AND SECURITY
The Better Way Back is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our web site. Our use of personally identifiable information is governed by our Privacy Statement and by accessing and using our website, you agree to be bound by that statement.
You recognize and agree that when submitting your personally identifiable information to TheBetterWayBack.org, while The Better Way Back has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security.
IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, THE BETTER WAY BACK SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF THE BETTER WAY BACK HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BETTER WAY BACK DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.PRODUCT LABELING.
Except as expressly stated and agreed upon in advance by The Better Way Back, no director, employee, agent, or representative of The Better Way Back are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Web site.
LIMITATION OF LIABILITY
The Better Way Back does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Web site. Reliance on these materials, information and opinions is solely at your own risk. The Better Way Back disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.
THIS THE BETTER WAY BACK WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL THE BETTER WAY BACK, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “THE BETTER WAY BACK PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE BETTER WAY BACK AND WHETHER OR NOT THE BETTER WAY BACK HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Some states do not allow the limitation of liability, so this provision may not apply to you.
GENERAL
You agree that these Terms and Conditions describe the entire agreement between us with respect to its subject matter. TheBetterWayBack.org was created and is operated under the laws of the State of California. The laws of the State of California will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to TheBetterWayBack.org or these Terms and Conditions more than one (1) year after such claim or cause of action arose.
