We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one’s rights are stepped on. Below are the “Plain English” Terms of Service and rules of conduct. For the benefit of the lawyers, read further to find the legalese. Failure to abide by these rules can result in immediate termination of access to this site, without refund or recourse.
- Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
- Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright.
- No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.
- Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
- Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
- Please avoid shouting (using all capital letters) in the discussion forums.
- Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others. This site strongly disapproves flaming.
- When you post content in the discussion forums, you permit this site to display and distribute the content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.We do not try to edit or to monitor messages posted on the discussion forums, but we reserve the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not this site. Violators may be permanently banned from using the forums, or even have their subscriptions terminated.
YANKAWAYPAIN.COM is a wholly owned subsidiary of Solutions Sports and Spine, Inc. YankAwayPain may be commonly referred to as YAP.
IMPORTANT: If you choose to accept this Agreement, you must do so as it is presented to you – no changes (additions or deletions) will be accepted by SOLUTIONS SPORTS AND SPINE. If any future changes are unacceptable to you, you should discontinue using YANKAWAYPAIN.COM. Your continued use of YANKAWAYPAIN.COM now, or following the posting of any such changes, will indicate your acceptance of this Agreement, and of any such changes.
The following are defined terms as used herein:
- “Services” include access to YANKAWAYPAIN.COM content for the purpose of guidance and clarification for rehabilitative prescriptions and exercise recommendations.
- “Fee Based Service” refers to fees paid by healthcare providers of subscribing organizations in order to access YANKAWAYPAIN.COM content.
- “Printed Materials” includes and is not limited to subscribing organization exercise prescription handouts and copies of exercise lists provided to subscribing organizations.
- “Solutions Sports and Spine Content” and “YANKAWAYPAIN.COM Content” includes and is not limited to information, programming code, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials that are protected by © copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
- “Your” and “You”, whether capitalized or not, includes a subscribing individual, group, company or entity and their employees, agents, officers, directors, stockholders and representatives AND all patients and/or clients under the direct supervision of a
licensed physician, chiropractor, physical therapist, certified athletic trainer, or other subscribing individual, group, company or entity.
- “We” and “Us” includes Solutions Sports and Spine, Inc., YANKAWAYPAIN.COM.
- “End User” includes all patients and/or clients under the direct supervision of a licensed physician, chiropractor, physical therapist, certified athletic trainer, health care provider or other subscribing individual, group, company or entity.
- “User” includes a subscribing individual, group, company or entity and their employees, agents, officers, directors, stockholders and representatives AND all patients and/or clients under the direct supervision of a licensed physician, chiropractor, physical therapist, certified athletic trainer, health care provider or other subscribing individual, group, company or entity.
Electronic Signature and Agreement Effective Date.
By clicking “I Agree”, you AGREE that you have read the End User License Agreement set out below and AGREE to be bound by all of its terms and conditions. The effective date of this Agreement shall be the date of acceptance by you of this Agreement as evidence by entering your electronic signature and clicking the “I Agree” button herein, or the date you actually use the Services, whichever occurs first. If you DO NOT AGREE with any provision contained in the End User License Agreement, do not click “AGREE” and you will not be permitted to access the YANKAWAYPAIN.COM and Solutions Sports and Spine Content. This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Oregon, U.S.A., without giving effect to its conflicts of laws, provisions or principles.
Subject to the terms of this Agreement, SOLUTIONS SPORTS AND SPINE, INC grants User a nonexclusive, nontransferable license to access and use the YANKAWAYPAIN.COM material for personal use only, without the right to sublicense such rights. Sharing, re-distribution or other multi-use arrangements wherein access codes to material at YANKAWAYPAIN.COM are provided to other users who are not licensees of YANKAWAYPAIN.COM is strictly prohibited unless prior authorization in writing is obtained from Solutions Sports and Spine, Inc. Failure to abide by these restrictions may result in immediate loss of access to Solutions Sports and Spine and YANKAWAYPAIN.COM material with no option for reimbursement of lost fees. Any updates, modifications, enhancements or new versions of the YANKAWAYPAIN.COM Content and Services provided are made available to User by SOLUTIONS SPORTS AND SPINE, INC in accordance with this Agreement, and shall be considered Solutions Sports and Spine Content and Services subject to this Agreement.
SOLUTIONS SPORTS AND SPINE may at any time and for any reason elect to modify, discontinue, delete or restrict any aspect or feature of the YANKAWAYPAIN.COM content and Services without notice to User or any liability to SOLUTIONS SPORTS AND SPINE, INC or any SOLUTIONS SPORTS AND SPINE Party; however, SOLUTIONS SPORTS AND SPINE agrees to make commercially reasonable efforts to provide User with prior notice of any such changes.
You may not use, or permit others to use, the YANKAWAYPAIN.COM Content except under the terms expressly listed above.
Without limiting the previous sentence, you shall not, and shall not permit anyone else to: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the YANKAWAYPAIN.COM Content; (b) copy the Solutions Sports and Spine Content (except as permitted above); (c) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the YANKAWAYPAIN.COM Content; (d) develop, sell or distribute applications that integrate with the Solutions Sports and Spine Content or otherwise make use of the data; or (e) remove any proprietary notices or labels on or relating to the Solutions Sports and Spine Content. In addition, you must satisfy such computer and device requirements as we may specify to operate the database. We reserve the right to change those requirements, and the method by which you may obtain the Solutions Sports and Spine Content, from time to time. All right, title and interest in and to the Solutions Sports and Spine Content (including without limitation all intellectual property rights) shall remain in us and/or our licensors. Without limiting the foregoing, the Solutions Sports and Spine Content is protected by the copyright law of the United States and international copyright treaties, as well as other proprietary rights.
SOLUTIONS SPORTS AND SPINE HEREBY DISCLAIMS ALL WARRANTIES. SOLUTIONS SPORTS AND SPINE IS MAKING THE SITE AND YANKAWAYPAIN.COM CONTENT AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, SOLUTIONS SPORTS AND SPINE CONTENT, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLUTIONS SPORTS AND SPINE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SOLUTIONS SPORTS AND SPINE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SOLUTIONS SPORTS AND SPINE DOES NOT WARRANT THAT YANKAWAYPAIN.COM CONTENT, THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF YANKAWAYPAIN.COM CONTENT, THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOLUTIONS SPORTS AND SPINE makes no warranties or guarantees that the information contained herein is accurate or complete, and is not responsible for any errors or omissions therein, or for the results obtained from the use of such information. The information contained herein is not intended in any way to be used as medical advice or to replace medical advice offered by You or other health care professionals familiar with End User’s condition. SOLUTIONS SPORTS AND SPINE, INC will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom. The methods of treatment may change as new information is available, and the information provided herein by SOLUTIONS SPORTS AND SPINE does not necessarily represent the most current practices or methods in physical rehabilitation.
SOLUTIONS SPORTS AND SPINE and our Services provide guidance and clarification for rehabilitation and exercise prescriptions provided over the Internet and by Printed Materials, and are intended only for personal self-help consumption after user has had appropriate medical evaluation. SOLUTIONS SPORTS AND SPINE cannot give You or End User’s medical advice or diagnosis conditions. The information and reports generated by Us are generated and provided to End User on Your behalf. If End User experiences any pain or exacerbation or has a change in medical condition, they should immediately seek appropriate medical attention.
Limitation of Liability.
You expressly understand and agree that SOLUTIONS SPORTS AND SPINE shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use YANKAWAYPAIN.COM (including, without limitation, the fee-based products); (b) the use of any Solutions Sports and Spine Content or other materials, including, without limitation, the fee-based products, materials on this website or any website or websites linked to this website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this
website (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); or (f) any other matter relating to this website or Solutions Sports and Spine Content. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing or using Solutions Sports and Spine Content or this website. If you are dissatisfied with any portion of our website, or with any provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of Solutions Sports and Spine Content and this website.
Registered and Licensed Users.
In order for User to access and use the Solutions Sports and Spine Content and Services, User shall register with SOLUTIONS SPORTS AND SPINE, provide SOLUTIONS SPORTS AND SPINE with an email address, pay the license fee (“Fee”) and obtain a unique password for accessing the Solutions Sports and Spine Content and Services (“Password”). The Fee shall be determined at the time of registration based on the subscription type and number of licensed users of the Solutions Sports and Spine Content and Services. SOLUTIONS SPORTS AND SPINE and User acknowledge and agree that SOLUTIONS SPORTS AND SPINE may obtain email addresses from Licensed Users upon their accessing and using the Solutions Sports and Spine Content and Services. User is responsible and wholly liable for all acts or omissions committed under User’s Password and any and all passwords issued by User to Licensed Users.
User agrees that SOLUTIONS SPORTS AND SPINE, including any individual or entity contracted for maintenance, development or any other service required for operation of SOLUTIONS SPORTS AND SPINE, is permitted to access any information or data User inputs or provides while accessing or using the Solutions Sports and Spine Content and Services (“Data”) and any reports or numeric results, and prior to User’s submission of Data, reports and numeric results, for the sole purpose of ensuring proper access and use of the Solutions Sports and Spine Content and Services by User in accordance with this Agreement and to maintain and troubleshoot Solutions Sports and Spine Content and Services. Subject to the terms and conditions of this Agreement, SOLUTIONS SPORTS AND SPINE shall store and otherwise maintain Data, reports and numeric results, and SOLUTIONS SPORTS AND SPINE shall follow the same archival procedures for User’s Data, reports and numeric results as SOLUTIONS SPORTS AND SPINE employs for its own data, as modified from time to time in SOLUTIONS SPORTS AND SPINE discretion. In the event of any loss or damage to User’s Data, reports or numeric results,
User’s sole and exclusive remedy shall be for SOLUTIONS SPORTS AND SPINE to use commercially reasonable efforts to replace or restore the lost or damaged data from the latest backup of such Data, reports or numeric results which SOLUTIONS SPORTS AND SPINE has maintained in accordance with its standard archival procedures.
Hardware and Service Requirements.
User is solely responsible for acquiring, servicing, maintaining, and updating all equipment, computers, software and communications services (such as long distance phone or DSL charges) not owned or operated by or on behalf of SOLUTIONS SPORTS AND SPINE, that allow User to access and use the Solutions Sports and Spine Content and Services, and for all expenses relating thereto (plus any applicable taxes). User agrees to access and use the Solutions Sports and Spine Content and Services in accordance with any and all operating instructions or procedures that may be issued by SOLUTIONS SPORTS AND SPINE, and amended by SOLUTIONS SPORTS AND SPINE from time to time. SOLUTIONS SPORTS AND SPINE and the SOLUTIONS SPORTS AND SPINE Parties do not make any commitments with respect to use or performance of the Solutions Sports and Spine Content and Services with browsers other Internet Explorer 7.0 or higher, FireFox 3.6.11 or higher, or Safari 2 for Apple Macintosh OS.
Desktop Program Minimum System Requirements
– Windows Vista Home, Business, or Ultimate: Pentium III 800 MHz or faster
– Windows XP SP2: Pentium III 500 MHz or faster
– 512 MB RAM – SVGA (1024×786) or higher resolution video adapter and display
– Ethernet or wireless network device
– Internet connection required for some features
– Macintosh computer with PowerPC G3 processor or faster, or Intel-based Macintosh computer
– 512 MB RAM
– Mac OS X version 10.6.0
– Ethernet or wireless network device
– Internet connection required for some features
– Updated free version of Adobe Flash available for download at www.adobe.com.
User understands and agrees that the operation and availability of the systems used for accessing and interacting with the Solutions Sports and Spine Content and Services, including, the public telephone, computer networks and the Internet or to transmit information, whether or not supplied by User or SOLUTIONS SPORTS AND SPINE, can be unpredictable and may, from time to time, interfere with or prevent the access to and/or the use or operation of the YANKAWAYPAIN.COM Content and Services. SOLUTIONS SPORTS AND SPINE and the SOLUTIONS SPORTS AND SPINE Parties are not in any way responsible for any such interference with or prevention of User’s access and/or use of the Solutions Sports and Spine Content and Services.
In order to access and use YANKAWAYPAIN.COM, users must have access to the World Wide Web and must navigate the Internet to https://YANKAWAYPAIN.COM or any other URLs associated with SOLUTIONS SPORTS AND SPINE.
Account User and Password.
If you are a registered user or subscriber of YANKAWAYPAIN.COM, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities that occur under your user account. You agree to be financially responsible for all usage or activity of Fee-Based Services subscribed to by you. You also agree to immediately notify us of any other unauthorized use of your user account or any other breach of security known to you. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the Fee-Based Services of YANKAWAYPAIN.COM without written consent from YANKAWAYPAIN.COM and SOLUTIONS SPORTS AND SPINE.
Restriction on Use of Materials.
All Solutions Sports and Spine Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and SOLUTIONS SPORTS AND SPINE owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing in the Printed Materials and on YANKAWAYPAIN.COM are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Solutions Sports and Spine Content, in whole or in part. When Solutions Sports and Spine Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Solutions Sports and Spine Content or use of the Solutions Sports and Spine Content for any other purpose, including, but not limited to, use of any Solutions Sports and Spine Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive SOLUTIONS SPORTS AND SPINE prior written consent. Failure to abide by these terms is a breach of copyright and legal remedy may be sought under copyright, trademark, patent and intellectual property law.
SOLUTIONS SPORTS AND SPINE imposes certain restrictions on your permissible use of YANKAWAYPAIN.COM. You are prohibited from violating or attempting to violate any security features of YANKAWAYPAIN.COM, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of YANKAWAYPAIN.COM, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to YANKAWAYPAIN.COM, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using YANKAWAYPAIN.COM to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using YANKAWAYPAIN.COM; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by SOLUTIONS SPORTS AND SPINE in providing YANKAWAYPAIN.COM. Any violation of system or network security may subject you to civil and/or criminal liability as well as immediate revocation of user privileges to the services provided by Solutions Sports and Spine, Inc. without opportunity for reimbursement of previously paid fees.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from, or in any way connected to, your use of YANKAWAYPAIN.COM, Solutions Sports and Spine Content, or our products or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or
SOLUTIONS SPORTS AND SPINE shall not be liable for delay or failure in performance of any of the acts required by this Agreement when such delay or failure arises from circumstances beyond the reasonable control and without the gross negligence or willful misconduct of you or SOLUTIONS SPORTS AND SPINE, respectively. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, acts of public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or Solutions Sports and Spine Content malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the period of the delay.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use Solutions Sports and Spine Content or YANKAWAYPAIN.COM (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us for notice of claims of copyright infringement: Solutions Sports and Spine, Inc., 3942 SE Hawthorne Blvd., Portland, OR, 97214.
You must be at least 18 years of age to assume the responsibilities of this Agreement. Minors may use the YANKAWAYPAIN.COM service only if one of their parents or legal guardians assumes the responsibilities of this Agreement and thereby assumes full responsibility for the minor’s use of the YANKAWAYPAIN.COM service.
Subscription Fees and Service Commitment.
You agree to pay your subscription fee in advance. Your subscription fee will cover the access to YANKAWAYPAIN.COM. You have a choice of subscription payment options that may change over time. SOLUTIONS SPORTS AND SPINE reserves the right to discontinue any subscription payment option at any time without notice. You may switch payment options at the end of each period. If for any reason you need to reactivate your subscription, you may be charged a reactivation fee. If you are signing up for the YANKAWAYPAIN.COM service under a promotional subscription fee, some additional restrictions may apply. If you have multiple YANKAWAYPAIN.COM service subscriptions under the same
account information, additional terms and conditions may apply. Whatever Your subscription payment option, Your subscription fee does not include any services, features or functionality other than the YANKAWAYPAIN.COM service. No invoice or receipt will be provided to You for this electronic authorization. If You do not notify SOLUTIONS SPORTS AND SPINE of any discrepancies within thirty (30) days after they first appear on any statement, You will be considered to have accepted the amounts charged. You release SOLUTIONS SPORTS AND SPINE from any and all
liability and claims resulting from any error or discrepancy that is not reported to SOLUTIONS SPORTS AND SPINE within that thirty (30) day notice period.
Annual and Pre-paid Subscriptions.
If you have purchased a pre-paid subscription with a fixed term, you will receive the Service for the duration of your subscription term without further charges from SOLUTIONS SPORTS AND SPINE.At the end of your subscription term, your subscription will automatically renew as a monthly billing subscription. Pricing will be subject to the rates in effect at that time for equivalent service. If you have accepted a trial offer for a specific number of days, you will incur the monthly charge if you continue to use the Service after the trial time period. If you terminate your subscription before the end of the fixed term or if SOLUTIONS SPORTS AND SPINE terminates your subscription for violations of this Agreement or any of the applicable user policies, and you have paid SOLUTIONS SPORTS AND SPINE in advance for subscription services, the amount you have paid for your subscription will not be refunded in whole or in part.
Monthly Billing Subscriptions.
If you have subscribed to the Service on a monthly basis, you agree to pay to SOLUTIONS SPORTS AND SPINE, INC a monthly fee (the “Monthly Fee”) in advance, billed monthly, to receive the Service. You authorize SOLUTIONS SPORTS AND SPINE to charge your account immediately upon activation of your subscription. For billing purposes, the month will begin on the date you become a subscriber, which may not be the first calendar day of the month. Subscribers who join on the 29th, 30th or 31st day of any month shall be billed on the last day of any month not containing 29, 30 or 31 days. SOLUTIONS SPORTS AND SPINE will have the right to increase the Monthly Fee from time to time upon email notification to you at least one month before the effective date of the increase. If you do not cancel your subscription before the end of the notice period, you will be deemed to have agreed to such increase. SOLUTIONS SPORTS AND SPINE may change its monthly billing cycle from time to time. If you have accepted a trial offer for a specific number of days, you will incur SOLUTIONS SPORTS AND SPINE standard monthly charges if you continue to use the Service after the trial period. If you terminate your use of the Service within the trial period, SOLUTIONS SPORTS AND SPINE will not charge you for subsequent months. All fees and charges are stated and payable in U.S. Dollars.
If you choose a subscription option with recurring payments (including any pre-paid subscription option which reverts to a monthly payment plan at the expiration of the pre-paid period), you agree that SOLUTIONS SPORTS AND SPINE may automatically charge the subscription fee to your credit or charge card at the beginning of each period. Your YANKAWAYPAIN.COM service access will not be established until SOLUTIONS SPORTS AND SPINE has verified that the credit card information you provide us for payment is accurate and that your credit card account is in good standing. You further agree that SOLUTIONS SPORTS AND SPINE may charge any other applicable fees, including any early termination fee, to your credit card. SOLUTIONS SPORTS AND SPINE may, as necessary, extend the expiration date of your credit card in order to ensure continued service. SOLUTIONS SPORTS AND SPINE may, at its discretion, change the YANKAWAYPAIN.COM service fees, early termination fee, restocking fee and any other fee, from time to time, and charge fees (which SOLUTIONS SPORTS AND SPINE may also change) for features and functionalities that are not a part of the YANKAWAYPAIN.COM service. SOLUTIONS SPORTS AND SPINE will notify you 30 days in advance of any fee changes or new fees applicable to your YANKAWAYPAIN.COM service subscription; you may obtain the fees currently in effect at any time by contacting SOLUTIONS SPORTS AND SPINE Customer Support at inf[email protected]. SOLUTIONS SPORTS AND SPINE reserves the right to suspend or terminate your YANKAWAYPAIN.COM servicewithout notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to SOLUTIONS SPORTS AND SPINE when SOLUTIONS SPORTS AND SPINE believes you are liable for the charges. You agree to pay a late charge on all amounts due which remain unpaid for 30 days. The late charge will equal 1.5% of the past due amount, or the highest rate allowed by law, whichever is less, per month until paid. Such rights are in addition to and not in lieu of any other legal right or remedies available to SOLUTIONS SPORTS AND SPINE. SOLUTIONS SPORTS AND SPINE reserves the right to refer your account to a third party for collection in the event of an ongoing default. SOLUTIONS SPORTS AND SPINE is entitled to recover any sums expended in connection with the collection of undisputed sums not paid when due, including reasonable attorneys’ fees.
Termination of Service.
Subject to any Service Commitment to which you may be bound, you may terminate your account, this Agreement, and your right to use the SOLUTIONS SPORTS AND SPINE service, at any time and for any reason or no reason, by contacting SOLUTIONS SPORTS AND SPINE Customer Support at [email protected]. The YANKAWAYPAIN.COM service will be terminated within 24 hours after your call and unused subscription fees are nonrefundable. Notwithstanding anything to the contrary in this Agreement, SOLUTIONS SPORTS AND SPINE retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your credit card for the fees described in “Subscription Fees and Service Commitment” and “Payment Authorization” are refused for any reason, if you breach any provision in this Agreement, if you misuse the SOLUTIONS SPORTS AND SPINE service, and/or if you use the YANKAWAYPAIN.COM service or Solutions Sports and Spine Content in such a manner as to infringe upon the intellectual property rights of SOLUTIONS SPORTS AND SPINE or any third party. In addition, SOLUTIONS SPORTS AND SPINE reserves the right to terminate your account and this Agreement for any other reason or no reason if SOLUTIONS SPORTS AND SPINE gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the YANKAWAYPAIN.COM service before termination.
Shopping through SOLUTIONS SPORTS AND SPINE.
When you purchase a product from a third party merchant, you are buying directly from that merchant and not from SOLUTIONS SPORTS AND SPINE. SOLUTIONS SPORTS AND SPINE is not responsible for the actions or omissions of a merchant, any advertising claims made by the merchant, or any damage or harm that may result from your use of products purchased from the merchant. All aspects of your purchase, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance, service, and delivery, are solely between you and the merchant. Your rights and remedies with respect to a particular purchase will be solely against the merchant, and any questions, complaints, and claims related to a product should be directed to that merchant. If you have any concerns about sending credit card information over the Internet, please use an alternative means of payment. By sending any sensitive information, such as credit card information, over the Internet while you are shopping with the third party, you agree that SOLUTIONS SPORTS AND SPINE will not have any liability if the encryption technology fails to protect your information.
Submission of Ideas.
SOLUTIONS SPORTS AND SPINE is always improving its Services and Products and developing new features. If you have ideas regarding improvements or additions to SOLUTIONS SPORTS AND SPINE, we would like to hear them — but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO SOLUTIONS SPORTS AND SPINE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO SOLUTIONS SPORTS AND SPINE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO SOLUTIONS SPORTS AND SPINE THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT SOLUTIONS SPORTS AND SPINE IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SOLUTIONS SPORTS AND SPINE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
Customer Service Support and Training.
Unless User and SOLUTIONS SPORTS AND SPINE enter into a separate agreement, SOLUTIONS SPORTS AND SPINE will not provide any training or on-site support to User relating to the Solutions Sports and Spine Content and Services. SOLUTIONS SPORTS AND SPINE will provide User with (a) commercially reasonable telephone and email support for the Solutions Sports and Spine Content and Services during normal business hours; and (b) updates and enhancements for the Solutions Sports and Spine Content and Services, to the extent that SOLUTIONS SPORTS AND SPINE generally makes such updates and enhancements available to Users without a separate charge. SOLUTIONS SPORTS AND SPINE will provide email only support to Users outside the U.S. and Canada, and all support will be provided in the English. Customer support will address basic issues related to use of the Solutions Sports and Spine Content (i.e., registration, navigation, and configuration), but will not include issues with respect to a User’s own internet connectivity issues or computer hardware issues. SOLUTIONS SPORTS AND SPINE may conduct maintenance of the SOLUTIONS SPORTS AND SPINE hosted Solutions Sports and Spine Content sites, which will normally be performed during non business days. During that scheduled maintenance time, the Service and the Solutions Sports and Spine Content will not be available for use by Customer or its End Users.