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Terms of Use

Effective Date: December 17, 2024

1

Agreement to Terms

Welcome to the Advanced & Modern Pain Center website. These Terms of Use ("Terms") govern your access to and use of our website located at ampain.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

2

Medical Disclaimer

IMPORTANT: PLEASE READ THIS MEDICAL DISCLAIMER CAREFULLY

The information provided on this Website is for general informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately.

3

No Doctor-Patient Relationship

Use of this Website does not create a doctor-patient relationship between you and Advanced & Modern Pain Center or any of its healthcare providers. A doctor-patient relationship is only established when you have been formally accepted as a patient and have signed the appropriate consent forms in person at our office.

Information you submit through the Website, including through contact forms, appointment requests, or email, does not create a doctor-patient relationship and may not be treated as confidential.

4

Use of the Website

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation
  • Use the Website to transmit any unauthorized advertising, promotional materials, or spam
  • Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
  • Use any robot, spider, or other automatic device to access the Website for any purpose
  • Introduce any viruses, Trojan horses, worms, or other malicious or harmful material
  • Interfere with the proper working of the Website
5

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, text, images, graphics, logos, icons, and the design, selection, and arrangement thereof) are owned by Advanced & Modern Pain Center, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

6

Third-Party Services & Links

We use third-party services to support our healthcare operations:

Advanced MD: We use Advanced MD as our Electronic Medical Records (EMR) system. Your health information stored in this system is subject to our HIPAA Notice of Privacy Practices and Advanced MD's privacy and security policies.

The Website may contain links to third-party websites or services that are not owned or controlled by Advanced & Modern Pain Center. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We are not responsible for the privacy practices or content of third-party services. We encourage you to review the privacy policies of any third-party services you access.

7

Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ADVANCED & MODERN PAIN CENTER NOR ANY PERSON ASSOCIATED WITH ADVANCED & MODERN PAIN CENTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER ADVANCED & MODERN PAIN CENTER NOR ANYONE ASSOCIATED WITH ADVANCED & MODERN PAIN CENTER REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

8

Limitation of Liability & Indemnification

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ADVANCED & MODERN PAIN CENTER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to defend, indemnify, and hold harmless Advanced & Modern Pain Center, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

9

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Rockwall County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10

Changes, Severability & Entire Agreement

Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms, our Privacy Policy, and our HIPAA Notice of Privacy Practices constitute the sole and entire agreement between you and Advanced & Modern Pain Center regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

11

Contact Information

If you have any questions about these Terms, please contact us:

Advanced & Modern Pain Center

1203 N Goliad Street, Rockwall, TX 75087

Phone: (469) 314-1169

Fax: (214) 594-7775

Email: info@ampain.com