Last updated: December 22, 2020.
- Use of Material
- Site Use
- Intellectual Property Policy
- Linking to the PainTrace® Store
- User Information
- User Submissions
- Registration and Password
- BioTraceIT's Liability
- Disclaimer of Consequential Damages
- Links to Other Sites
- Limitation of Liability
This page states the Terms and Conditions under which you may use paintrace.com/shop, or its related subdomains (the "PainTrace® Store"). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the PainTrace® Store. By using the PainTrace® Store, you are indicating your agreement to be bound by these Terms and Conditions. BioTraceIT may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the PainTrace® Store following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the PainTrace® Store for any reason.
The contents of the PainTrace® Store, including, but not limited to, text, graphics, sounds, images and other material (the "Material"), are owned by BioTraceIT and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on the PainTrace® Store or in a networked computer environment for any purpose is prohibited. You may not use any 'robot,' 'spider' or other automatic querying device, or a program, algorithm or methodology having similar processes or functionality, to monitor or copy any of the Material found on the PainTrace® Store, without the prior written permission of BioTraceIT.
You may not copy or adapt the HTML or other code that BioTraceIT uses to generate its pages. This code is also protected by BioTraceIT's copyright and other intellectual property rights.
Use of software, if any, provided to you on the PainTrace® Store is subject to the software license terms accompanying such software.
General Rules: You may not use the PainTrace® Store in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Security Rules: You are prohibited from violating or attempting to violate the security of the PainTrace® Store or from using the PainTrace® Store to violate the security of other PainTrace® Stores by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the PainTrace® Store, host or network, including, without limitation, via means of submitting a virus to the PainTrace® Store, overloading, "flooding", "spamming", "mailbombing" or "crashing" the PainTrace® Store, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. BioTraceIT may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the PainTrace® Store who are involved in such violations.
Specific Prohibited Uses: BioTraceIT specifically prohibits any use of the PainTrace® Store, and you agree not to use the PainTrace® Store, for any of the following:
- distributing or otherwise publishing, without BioTraceIT's approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- soliciting other users of the PainTrace® Store to join or become members of any online service; or
- deleting or revising any material posted by any other person or entity.
5. Intellectual Property Policy
It is BioTraceIT's policy to respond to clear allegations of copyright infringement that comply with the requirements of the notice and takedown procedures Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe any content present on the PainTrace® Store infringes your copyright, provide the following information to BioTraceIT's designated agent, listed below:
- a clear statement, identifying in sufficient detail the copyrighted work allegedly being infringed;
- information sufficient to enable BioTraceIT to locate the allegedly infringing content on the PainTrace® Store;
- information sufficient to enable BioTraceIT to contact you; AND
- a clear statement from you under penalty of perjury that you are authorized to act on behalf of the copyright owner, AND that you have a good faith belief that the use of the copyrighted work by the allegedly infringing content on the PainTrace® Store is not authorized.
BioTraceIT's designated agent for DMCA claims is:
Intellectual Property Office
366 Veterans Memorial Highway Suite 1
Commack, New York 11725
6. Linking to the PainTrace® Store
If you access the PainTrace® Store, you must comply with the following:
- you may not copy, the Material;
- should not frame or create a browser or border environment around the Material;
- should not imply that BioTraceIT is endorsing your products or services;
- should not misrepresent your relationship with BioTraceIT;
- should not present false information about BioTraceIT products or services;
- should not use BioTraceIT trademarks or logos without permission from BioTraceIT.
You are responsible for maintaining the confidentiality of your user ID and password. You are responsible for all uses of your user ID, whether or not authorized by you. You agree to immediately notify BioTraceIT of any unauthorized use of your user ID or password.
The Material may contain inaccuracies or typographical errors. BioTraceIT makes no representations about the accuracy, reliability, completeness, or timeliness of the PainTrace® Store or the Material. The use of the PainTrace® Store and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the PainTrace® Store at anytime without notice.
BIOTRACEIT DOES NOT WARRANT THAT THE PAINTRACE® STORE WILL OPERATE ERROR-FREE OR THAT THE PAINTRACE® STORE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE PAINTRACE® STORE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, BIOTRACEIT IS NOT RESPONSIBLE FOR THOSE COSTS.
THE PAINTRACE® STORE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BIOTRACEIT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIOTRACEIT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS
11. Disclaimer of Consequential Damages
IN NO EVENT WILL BIOTRACEIT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE PAINTRACE® STORE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PAINTRACE® STORE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOTRACEIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BioTraceIT reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the PainTrace® Store and/or any other service provided to you by BioTraceIT, upon any breach by you of these Terms and Conditions.
You agree to defend, indemnify, and hold harmless BioTraceIT, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. BioTraceIT will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms and Conditions will lie exclusively with the state or federal courts within New York. You agree that you may not institute any action in any form arising out of use of the PainTrace® Store, the Material or these Terms and Conditions more than eighteen (18) months after the cause of action has arisen. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in the Medical Device User License Agreement (MDULA), or in other statements by BioTraceIT on the PainTrace® Store, these Terms and Conditions constitute the entire agreement between you and BioTraceIT with respect to the use of PainTrace® Store. No changes to these Terms and Conditions may be made except by a revised posting on this page.