UPDATED: May 22, 2018
By using this website (the “Site”) or any services provided through this Site, you (“You,” “Your,” or “User”) agree to the terms and conditions that Always Feel Good LLC (“AFG,” “Us,” “Our,” or “We”) have provided. This Agreement between Us and User supersedes all previous written and oral agreements, representations, and warranties. If You do not wish to agree to these terms of service (the “TOS” or “Agreement”), please refrain from using the Site.
RA Pain Management is a website (https://rapainmanagement.com/) owned by AFG to provide an informational resource about the pain management industry and where Users can consume and share ideas about the pain management industry by leaving comments on Our blog or contacting Us directly. We also sell AFG’s products and services.
2. User Conduct
All Users are allowed to post comments on Our blog; however, You are required to abide the following rules of conduct:
- You must be at least 13 years old.
- Your comments must be relevant to the post’s topic.
- You may post comments anonymously.
- You cannot use this Site to abuse, harass, or defame anyone.
- You may not post content that contains hate speech, threats, excessive violence or curse words, or pornography. You cannot use this Site to do anything unlawful, misleading, malicious, or discriminatory.
- You cannot post spam or upload viruses or other malicious code. You cannot do anything that is designed to disable, overburden, or interfere with the normal working of the Site.
- You cannot use this Site to commit copyright infringement or violate anyone’s intellectual property rights. You may share Our content using our social sharing buttons.
- If You share an opinion about a product or service, You may only share Your honest opinions based on Your personal experience. Failing to do this will violate the Federal Trade Commission’s regulations regarding truthfulness in testimonials (16 CFR §§ 255.0–255.5). You must also disclose when You are compensated for giving a testimonial or opinion.
We have no obligation to monitor the Site, but We can, and We may remove anything that a User posts for any or no reason. All comments are currently moderated.
3. User Interaction with Site
If You use this Site to interact with Us or other Users, or to use Our general contact form, You must provide accurate information about Yourself when such information is required. You cannot use this Site to sign up other people or entities for services without their consent.
4. License to Use User Provided Content
You may only share content that You have created or have permission to use and publish on this Site. You will retain the copyright in your original work that You post on this Site. By posting Your work on this Site, You grant AFG a perpetual, non-exclusive, royalty-free license to use Your work, in whole or in part, in any way for any reason, including advertising and marketing purposes. This license includes the ability to modify Your work and sublicense it to others for any reason. If We use any of Your content, We may do so without notification or compensation to You.
5. Links, Sponsorship, and Guest Posts
We may provide links to other websites on this Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link. User assumes all risk by following a link. AFG provides no guarantee that any website it links to will be accurate or available.
We reserve the right to post sponsored ads and posts on this Site. Providing the opportunities to others to advertise or promote a product or service is not an endorsement by AFG. We cannot guarantee the veracity of any statements made by sponsors or guest writers.
We may write product reviews and/or provide links from this Site to those products and earn an affiliate commission for any purchases You make. We may also receive free products or otherwise be compensated for writing a review. We promise that when we do this, We will always write a fair and accurate review of the product. The fact that We are compensated in any way to do this will not cloud Our judgment.
When We are compensated for writing a review, We will label the post as such.
We provide these disclosures for two reasons:
#1 – The Federal Trade Commission requires it.
#2 – It’s good business practice.
We will provide reviews of products based on Our experience, but ultimately You should make Your own assessment as to whether a particular product is right for You.
7. Copyrights and Trademarks
AFG retains its copyright rights in all its content published on this Site. Users may request permission to use or repurpose our content by contacting Us at email@example.com.
Always Feel Good and RA Pain Management are trademarks for AFG and may not be used without Our explicit written permission.
Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
8. Digital Millennium Copyright Act (DMCA) Policy
If You believe that Your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address:
Always Feel Good LLC
Attn: DMCA/Copyright Agent
2303 North 44th Street, Suite 14-1266
Phoenix, AZ 85008
We comply with all properly submitted DMCA takedown and counter takedown notices.
User agrees to defend, indemnify, and hold harmless AFG, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by User in connection with the Site.
To the extent permitted under applicable laws, User hereby releases AFG from any and all claims or liability related to any product or service provided through this Site and any conduct or speech, whether online or offline, of any other User.
10. Dispute Resolution
By using this Site, User agrees that any claim, dispute, or controversy User may have against Us arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this Site. By using this Site, You consent this venue, jurisdiction, and choice of law.
In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys’ fees will be paid by the non-prevailing party in addition to any damages assessed against them.
11. Modified Terms of Service
We reserve the right at any time to discontinue or modify any of Our TOS as We deem necessary or desirable. We may notify Users of changes by posting notice of the change on the Site. Changes to this Agreement may occur, however, without notice. Any changes to these TOS will be effective upon the changes being made to this document.
We suggest, therefore, that You re-read Our TOS periodically in order to stay informed as to any such changes. The date at the top of the TOS will inform You of the date of the most recent change. Any use of the Site by User after the changes are made shall be deemed to constitute acceptance by User of such modifications.
12. Warranty Disclaimer
USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER AFG, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFG HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability
IN NO EVENT SHALL AFG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
14. Contact Information
Questions and concerns may be sent to Always Feel Good LLC at 2303 North 44th Street, Suite 14-1266, Phoenix, AZ 85008 or via email at firstname.lastname@example.org.
The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.