By using this website, you agree to be subject to, and agree to be bound by, the following Website Terms and Conditions of Use. You represent that you are of legal age to form a binding contract.
Your use of this website constitutes your agreement to the Terms and Conditions of Use. Total Pain Care reserves the right, at any time, to modify, alter or update these Website Terms and Conditions of Use. By accepting these Website Terms and Conditions of Use, you agree to be bound by such modifications, alterations or updates.
Description of Services
The purpose of this website is to provide information in connection with Total Pain Care, North American Partners in Pain Management (NAPPM) and their affiliates (including North American Partners in Anesthesia (NAPA)). Total Pain Care, NAPPM, NAPA and their affiliates shall not be held responsible for any action taken that is based on information presented on this website, and any and all content presented on this website is used at your own risk. Descriptions of services made available by Total Pain Care, NAPPM, NAPA or their affiliates in no way establish any contract between any person and Total Pain Care, NAPPM, NAPA or their affiliates. No description of aspirations or services of Total Pain Care, NAPPM, NAPA or their affiliates shall constitute any contract to perform services in any manner.
This website does not provide medical advice. The information provided in this website is for information purposes only, and is not meant to be, or to substitute for, advice from a medical professional, such as a physician, physician assistant, nurse or other medically-trained personnel. Use of this website does not establish a patient-physician relationship. You should consult an appropriate professional for specific advice tailored to your situation.
Except as otherwise set forth and provided herein, all material including, but not limited to, text, pictures, graphics and animations, videos, data, icons and their arrangement thereof that is displayed, and any hypertext markup language or any programming code included in or as a function of this website, is protected under the copyright laws of the United States of America and international conventions. Such material is the exclusive property of Total Pain Care, Total Pain Care’s content suppliers and/or other respective owners, and any exclusive property of Total Pain Care may not be copied, modified, adapted, reposted to other websites or distributed in any form or for any reason without the express advance written consent of Total Pain Care.
“North American Partners in Anesthesia,” “North American Partners in Pain Management,” “NAPA,” and “Peak Performance2”, alone and in conjunction with NAPA’s logo, are registered trademarks of NAPA, and “One Exceptional Experience at a Time… Every Day,” is a service mark of NAPA. All trademarks, service marks, trade names and trade dress appearing in this website (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to NAPA, or other respective owners that have granted NAPA the right and license to use the Marks. All rights in the Marks and products appearing in this website are reserved by the respective owners and may be afforded protection in the United States and internationally.
You expressly understand and agree that any of the Marks are the property of NAPA.
Any questions concerning the use of the Marks or whether a trademark that does not appear in this list herein is a trademark of NAPA should be referred to NAPA at email@example.com.
No license or right is granted to you in any way to use, copy, reproduce, republish, upload, post, transmit, distribute or modify any of the Marks, or any other trademark appearing in connection with this website in any manner or for any purpose.
Disclaimer of Warranties
TOTAL PAIN CARE PROVIDES THIS WEBSITE AND ITS CONTENTS EXCLUSIVELY ON AN “AS IS” BASIS. TOTAL PAIN CARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR ANY INFORMATION REGARDING TOTAL PAIN CARE, OR ANY CONTENT OR INFORMATION PROVIDED IN THIS WEBSITE, OR ANY SERVICE OR PRODUCT DESCRIBED IN THIS WEBSITE WITH REGARD TO THE ACCURACY AND COMPLETENESS OF THE INFORMATION.
TOTAL PAIN CARE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS OF THIS WEBSITE FOR ANY PURPOSE, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY AND FREEDOM FROM COMPUTER VIRUS OR OTHER COMPUTER MALWARE TO THE EXTENT PERMITTED BY LAW. TOTAL PAIN CARE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE OF ANY KIND FROM USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT AND INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES AND PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMACE OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Limitation of Liability
ALTHOUGH THE INFORMATION PROVIDED TO USERS ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES TOTAL PAIN CARE BELIEVES TO BE RELIABLE, TOTAL PAIN CARE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO USERS OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL PAIN CARE IS NOT LIABLE FOR OR HAS RESPONSIBILITY OF ANY KIND TO ANY USER FOR ANY INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE), LOSS OR DAMAGES THAT A USER INCURS, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF (A) ANY FAILURE OR INTERRUPTION OF THIS WEBSITE; (B) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS WEBSITE OR THE DATA CONTAINED HEREIN AVAILABLE TO USERS; (C) ANY OTHER CAUSE RELATING TO A USER’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS WEBSITE OR CONTENT ON THIS WEBSITE; (D) ANY USER’S INTERACTION OR SUBMISSIONS ON THIS WEBSITE; OR (E) ANY USER’S FAILURE TO COMPLY WITH THESE WEBSITE TERMS AND CONDITIONS OF USE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF TOTAL PAIN CARE.
Users may be required to submit identifying information, for example, to receive information about Total Pain Care, to receive information about services Total Pain Care provides, or about upcoming scheduled events. Total Pain Care does not knowingly collect any personally identifiable information from anyone under eighteen (18) years of age.
All submissions to this website are governed by these Website Terms and Conditions of Use and the Total Pain Care Privacy Statement, which is posted on this website and incorporated by reference in its entirety herein. If there is any conflict between any term in these Website Terms and Conditions of Use and Total Pain Care’s Privacy Statement, the terms in these Website Terms and Conditions of Use shall prevail.
User Supplied Content and Submissions
As a user, you hereby grant to Total Pain Care a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right and license to use, copy, display, edit, make derivative works of, distribute, publish, commercialize, retain, and/or save, in any way now known or in the future discovered, any content that is submitted to Total Pain Care, without any further consent, notice and/or compensation to you or to any third parties.
You hereby warrant and represent to Total Pain Care that any information you provide or submit in connection with this website, including information which may be posted on this website, is owned by you or for which you otherwise have the right to provide, is accurate, is truthful, and does not violate any confidentiality rights, contractual restrictions, including related rights, of any third party, and/or any law. You also warrant that all information you submit about yourself is truthful, and that you will not provide any false personal information on this website.
Intellectual Property Protection
NAPA takes its intellectual property very seriously, and will take any and all measures necessary to protect its intellectual property, including but not limited to inventions (whether patentable or not), Marks, copyrights and trade secrets. NAPA grants no license rights through the use of this website for the intellectual property of NAPA.
No Unlawful or Prohibited Use
As a condition of your use of the website, you warrant to Total Pain Care that you will not use the website for any purpose that is unlawful or prohibited by these Website Terms and Conditions of Use. You may not use this website for any purpose that is unlawful or prohibited by these Website Terms and Conditions of Use. You may not use this website in any manner that could damage, disable, overburden or impair this website or interfere with any other party’s use or enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.
Use of Communication Services; Control Over Content
This website may contain forums, chat areas or other communication facilities designed to enable you to communicate with the public at large or with a group (collectively, the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a particular Communication Service. By way of example only, and not as a limitation, you will not defame, abuse or otherwise violate the legal rights of others through this website; publish or post any infringing or inappropriate, defamatory or unlawful information; upload files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files or similar software or programs that may damage the operation of another’s computer; or provide material that in any other way violates any law or regulations.
Total Pain Care has no obligation to monitor the Communication Services. Total Pain Care reserves the right, however, to review posted materials and to remove any materials at its discretion. Total Pain Care reserves the right to terminate your access to any Communication Service at any time without notice for any reason whatsoever. Total Pain Care is not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided by a user, or from a user’s failure to fully comply with any provision of these Website Terms and Conditions of Use.
Please review our policies on privacy.
Total Pain Care Privacy Statement.
Notice of Patient Privacy Policies
Please review our Notice of Patient Privacy Policies.
NAPPM’s Notice of Patient Privacy
You agree to indemnify Total Pain Care and to hold Total Pain Care harmless from any damages, losses and costs, (including, but not limited to, reasonable attorneys’ fees), and any charges that relate to any claims by any third party, and any charge related to your non-compliance with these Website Terms and Conditions of Use.
If any provision in these Website Terms and Conditions of Use is held invalid or unenforceable, that provision shall be construed in a manner consistent with the applicable law to reflect the original intent of the provision, and the remaining provisions of these Website Terms and Conditions of Use shall remain in full force and effect.
These Website Terms and Conditions of Use shall be interpreted and enforced in accordance with the laws of the State of New York, with no regard to conflicts of law principles. By using this website, you agree that any dispute, claim or cause of action in connection with use of this website will be resolved without resorting to a class action or any form thereof. Each user of this website consents to exclusive jurisdiction of the Courts of the State of New York, and, when applicable, the Eastern District of New York. If any provision of these Website Terms and Conditions of Use is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Website Terms and Conditions of Use, which shall remain in full force and effect.