Privacy Agreement / Terms and Conditions

Privacy Agreement/Terms and Conditions Regarding Use of this Website & Pain Waves Podcast

Pain BC respects your privacy and protects your personal information. We do not rent, sell, or trade our mailing lists. We use your personal information to keep you informed and up to date on the activities of Pain BC, including workshops, special events, funding, opportunities for involvement, and more, through periodic contact from Pain BC. If at any time you wish to be removed from any of our lists, please email us at info@painbc.ca.

Pain BC is a non-profit organization.

Pain BC does not provide any medical services and does not endorse any specific medical treatment or product, medical hypotheses, pain clinic, medical service or health professional.

Pain BC does not warrant or guarantee the correctness, accuracy, quality or currentness of any information found on this web site or via links from this web site.

Pain BC is not responsible for provided links nor does provision of links imply permission to distribute any information found on these links. By entering this web site any user agrees to respect copyright and trademarks.

Pain BC does not accept any responsibility or liability for any damages, liabilities, losses, expenses incurred, costs, actions and/or treatments as a result of providing any information on this web site or links from this web site.

Pain BC does not accept any responsibility for any businesses, organization, medical professionals, or persons that provide information on this web site. The sole intent of any information found on this web site or via links from this web site is to promote public education.

The content provided by Pain BC is for information purposes only and is in no way intended to be a substitute for medical examination or advice.

Pain BC encourages internet users to be careful when using medical information. If you are unsure about your medical condition, consult a physician.

Although our content is reviewed, Pain BC does not guarantee the medical accuracy of published documents. Any medical information found on this web site or via links from this web site should not be used as a substitute for professional medical advice, evaluation and/or treatment. Please consult your general/family physician and/or professional health care providers for any medical advice and treatment.

Terms and Conditions Regarding the Use of "Pain Waves by Pain BC" Podcast on Spreaker

Acceptance

It is important that you read all the following terms and conditions carefully before listening to the Pain Waves podcast by Pain BC on Spreaker (the “Show”). This Terms of Use Agreement (“Agreement”) is a legal agreement between you, Pain BC, and the Show guests. Pain BC and any guests on the Show including any doctors, physiotherapists, nurses, counsellors, other health care practitioners, or other guests, are herein referred to as "Pain BC and its Show Guests". It states the terms and conditions under which you may access and use the Show and all written and other information and materials displayed, linked to, or otherwise made available through the Show, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”). By accessing and using the Show, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Show. Pain BC and its Show Guests may revise this Agreement at any time by updating this posting. Use of the Show after such changes are posted will signify your acceptance of these revised terms. You should visit this page regularly to review this Agreement.

Not Medical Advice

The Content provided on the Show is for informational purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute therefor. Always seek the advice of a physician or other qualified health provider properly licensed to practise medicine or general health care in your area concerning any questions you may have regarding any Content obtained from this Show and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have heard or read or seen on this Show. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Content obtained from the Show is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

Medical Emergency

Do not use the Show for medical emergencies. If you have a medical emergency, call a physician, qualified health care provider or 9-1-1 (or the applicable local emergency number) immediately. Under no circumstances should you attempt self-treatment or treatment of someone else based on anything you have heard, seen, or read on the Show.

No Physician-Patient Relationship

The presentation of Content on the Show does not establish a physician-patient relationship between you (or someone else), Pain BC, or its Show Guests and is not intended as a solicitation of individuals to become patients or clients Pain BC's Show Guests.

No Endorsements

Unless specifically stated, Pain BC and its Show Guests do not recommend or endorse any specific brand of products, services, procedures, business, or other information that appears or that may be advertised or mentioned on the Show.

E-mail

Due to the inherently non-secure nature of e-mail communication, Pain BC and its Show Guests do not wish to use this Show as a means of communication with the public or patients (i) regarding questions or issues of a medical nature; (ii) to establish physician/patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services or similar matters. E-mail communications regarding such matters will not be responded to and will be discarded unread. If you wish to contact Pain BC and its Show Guests or its physicians regarding medical questions or issues or with regard to appointments, accounts or other questions please do so by telephone, fax or regular mail.

Disclaimer of Warranties

The Show and the Content are provided “AS IS”. While Pain BC and its Show Guests endeavour to provide Content that is correct, accurate, current, and timely, Pain BC and its Show Guests make no representations, warranties, conditions or covenants, express or implied, regarding the Show and the Content including, without limitation, no representation, warranty, condition or covenant that (i) the Content contained in or made available through the Show or any item(s) made available on or through the Show will be of merchantable quality and/or fit for a particular purpose, (ii) the Show or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose, (iii) that the operation of the Show will be uninterrupted or error-free, (iv) that defects or errors in the Show or the Content, be it human or computer errors, will be corrected, (v) that the Show will be free from viruses or harmful components, and (vi) that communications to or from the Show will be secure and/or not intercepted.

You acknowledge and agree that your access and use of the Show and the Content is entirely at your own risk and liability.

Limitation of Liability

In no event shall Pain BC and its Show Guests, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Show or the Content, or your inability to use the Show, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Pain BC and its Show Guests knew of or ought to have known of the possibility of such damages.

Pain BC and its Show Guests also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user, advertiser or sponsor of the Show (“Third-Party”). Under no circumstances shall Pain BC and its Show Guests, its physicians, officers, directors, employees, agents, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any Third-Party, and (ii) any access, use, reliance upon or inability to use any materials, content, goods or services located at, or made available at, any website linked to or from the Show, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Pain BC and its Show Guests knew of or ought to have known of the possibility of such damages.

Indemnity

You agree to indemnify, defend and hold harmless Pain BC and its Show Guests, physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Show, the Content or any Show to which the Show is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Show.

Copyright

The Content is protected by copyright law and is owned by Pain BC and its Show Guests and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Show or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Pain BC and its Show Guests.

Limited licence

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Show and the Content for your personal, noncommercial use in Canada only. You are granted the right to download, store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Show. In the event of a conflict between the terms of a specific licence governing specific Content and this Agreement, the terms of the specific licence shall govern.

Linking

The Show may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Pain BC and its Show Guests of any third-party website or the content thereof. Unless expressly stated, Pain BC and its Show Guests do not operate any third-party websites linked to the Show and is not responsible for the content of any third-party website, nor does it make any representation, warranty, condition or covenant of any kind regarding any third-party websites or the content thereof including, without limitation, (i) any representation, warranty, condition, or covenant regarding (i) the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While Pain BC and its Show Guests encourages links to the Pain BC website and Pain Waves by Pain BC podcast page on Spreaker, it does not wish to be linked to or from any third-party websites which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Pain BC and its Show Guests, or (ii) any websites which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Pain BC and its Show Guests reserves the right to prohibit or refuse to accept any link to the Pain BC website or the Pain Waves by Pain BC page on Spreaker, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Pain BC website or the Pain Waves by Pain BC page on Spreaker upon the request of Pain BC or its Show Guests.

Submissions

The Show may provide features which allow you to post messages and content to designated areas on the Show, to participate in chat groups, to interact with Pain BC and its Show Guests and other users and to upload files, documents, or other materials (“Submission(s)”). Pain BC and its Show Guests does not control the content of any Submissions and has no obligation to monitor the Submissions. However, Pain BC and its Show Guests reserves the right at all times to disclose any information necessary to satisfy any law, regulation or governmental or law enforcement request, or to edit, refuse to post or to remove any Submission, in whole or in part, that, in Pain BC and its Show Guests’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.

Rules of Conduct Regarding Submissions

When using any of the features of the Show which allow you to post, upload or make Submissions, it is a condition of your use of the Show that you do not:

  1. Restrict or inhibit any other user from using and enjoying the Show, interfere or attempt to interfere with the proper workings of the Show or do anything, which in the sole discretion of Pain BC and its Show Guests, imposes an unreasonable or disproportionately large load on the Show infrastructure;
  2. Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
  3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from Pain BC and its Show Guests or rights holder;
  4. Post or transmit any Submission which contains a virus or other harmful component;
  5. Post or transmit “junk mail”, “chain letters”, unsolicited mass mailing or “spam”; and
  6. Use or "mine" the Show for commercial purposes, including, without limitation, posting, uploading or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes.

Grant of Licence Regarding Submissions

By posting or uploading Submissions to the Show, you grant Pain BC and its Show Guests a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of Pain BC and its Show Guests, (ii) consent to your name, address and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission, (iii) acknowledge and agree that Pain BC and its Show Guests is not responsible for any loss, damage or corruption that may occur to your Submission, and (iv) acknowledge and agree that your

Submission will be non-confidential.

Registration

To use certain features of the Show, you may be asked to create an account with Spreaker or other third party social media sites.

Tools

Any tools or calculators provided on the Show are provided for general and illustrative purposes only. Such tools and/or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Show.

Security

Any information sent or received over the Internet is generally not secure. Pain BC and its Show Guests cannot guarantee the security or confidentiality of any communication to or from the Show.

Modification to Show

Pain BC and its Show Guests reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Show (or any part thereof) with or without notice to you. Pain BC and its Show Guests shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Show or any part thereof.

Use Prohibited Where Contrary to Law

Use of this Show is unauthorized in any jurisdiction where the Show or any of the Content may violate any laws or regulations. You agree not to access or use the Show in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

Governing Law and Jurisdiction

The Show is operated by Pain BC and its Show Guests from its offices within the Province or Territory of British Columbia, Canada. You agree that all matters relating to your access, or use of the Show and its Content shall be governed by the laws of the Province or Territory of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of BC with respect to all matters relating to your access and use of the Show and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the Province of BC and of Canada.

Waiver

Any consent by Pain BC and its Show Guests to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Severability

The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Notice

Questions or comments regarding the Show should be directed by e-mail to info@painbc.ca.

Termination

Pain BC and its Show Guests may, in its sole discretion, cancel or terminate your right to use the Show, or any part of the Show, at any time without notice. In the event of termination, you are no longer authorized to access the Show, or the part of the Show affected by such cancellation or termination. The restrictions imposed on you with respect to Content downloaded from the Show and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. Pain BC and its Show Guests shall not be liable to any party for such termination.

Entire Agreement

This is the entire Agreement between you and Pain BC and its Show Guests relating to your access and use of the Show and Content.