Terms of Use
THIS SERVICE IS NOT FOR MENTAL HEALTH CRISES OR EMERGENCIES.
IF YOU INDICATE TO ANYONE DURING YOUR USE OF THE SERVICE THAT YOU ARE OR MAY BE IN CRISIS, YOU WILL BE REFERRED AWAY FROM THE SPINEXCHANGE TO SPECIALISED SERVICES THAT ARE BETTER EQUIPPED TO ASSIST YOU.
Please carefully read these Terms of Use (“Terms”). They are to be read in conjunction with the Rule of Participation for the Community and the Privacy Statement. The Terms govern and apply to your access and use of the Community offered by Back Stronger LTD trading as The SpineXchange (“TSX”) and the Library on the TSX website (collectively, the “Service”), and any information, text, graphics, audio, music, videos, photos, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”).
The terms “you,” “your,” and “yourself” refer to the individual user of the Service.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, THAT YOU UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU REGISTER FOR A DISCOUNTED OR FREE TRIAL OF THE SERVICES, OR ARE HAVING YOUR USAGE PAID FOR BY A THIRD-PARTY, THESE TERMS ALSO GOVERN THAT USAGE. These Terms include the provisions in this document, the Rules of Participation as well as those in the TSX Privacy Policy: https://thespinexchange.com/privacy-cookies. If you do not agree to all of these Terms, you are not authorised to use the Service.
YOU UNDERSTAND AND AGREE THAT TSX (I) IS NOT A MEDICAL CARE PROVIDER, (II) IS NOT A SUBSTITUTE FOR SEEKING MEDICAL CARE, (III) DOES NOT PROVIDE THERAPY, MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL ADVICE, AND (IV) CANNOT BE USED TO DIAGNOSE, TREAT, OR PREVENT ANY DISEASE OR CONDITION.
Service Information and Limitations
TSX IS AN ONLINE PLATFORM THROUGH WHICH INDIVIDUALS MAY ENGAGE IN AND RECEIVE PEER SUPPORT. THE SERVICE IS NOT A REPLACEMENT OR SUBSTITUTE FOR CONSULTATION WITH A MEDICAL CARE PROFESSIONAL. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE SERVICE.
TSX represents that it has no licensing or other expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of peer support on a medical condition. If you engage in the TSX peer support service, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk yourself, and agree to release and discharge TSX from any and all claims or causes of action, known or unknown, arising out of your participation in or use of any peer support made available by TSX.
Without limitation, TSX does not endorse any specific content, services, tests, providers, medications, products or procedures. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them. If your use of the Services is prohibited by applicable laws, then you aren’t authorised to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Eligibility and Ability to Accept Terms
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Profile Creation
You may elect to establish an individual user profile or account (“Account”) by providing certain information, including a valid and acceptable method of payment, or a valid third-party payment authorisation from an employer, insurance provider, academic institution, service provider, or organisation.
You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or that TSX has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, TSX reserves the right to refuse any future request(s) to use the Service.
You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account. TSX will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge. We reserve the right to terminate any user Account at any time for violation of the Terms or other conduct we deem detrimental to the Service. You may terminate your Account at any time.
Privacy
You agree that TSX may collect and use all data provided to or created by the Service in compliance with TSX’s Privacy Policy. For more information about how your personal information is handled, please see the privacy policy of TSX at https://thespinexchange.com/privacy-cookies
Service Content
TSX’s Service and the Content provided therein are for informational and educational/support purposes and are not a substitute for the professional judgement and advice of health care professionals. Persons accessing this information assume full responsibility for the use of the information. TSX is not responsible or liable for any claim, loss, or damage arising from the use of the information.
You understand that TSX owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
TSX cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release TSX from all liability for you having acquired or not acquired Content through the Services.
Acceptable Use
By participating in the Service you further agree to adhere to the Rules of Participation as stated on The SpineXchange website and not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms, specifically:
You shall not make any screen recordings during a peer group session, nor post, use, store or transmit information that is unlawful, libellous, defamatory, obscene, fraudulent, harassing, threatening or hateful to any member person or TSX moderator; or information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
You shall treat all fellow members of the Service with respect and shall not use profanity or defamatory language or insult any members whilst engaging in the Service.
You may not contact any TSX moderators outside of the Service, and any attempt to do so will be a violation of these Terms.
You shall not attempt to offer or solicit any services from any members of The SpineXchange whilst engaging in the Community.
What is said in The SpineXchange sessions stays in The SpineXchange. For the avoidance of doubt, all discussions that take place within the Community sessions must remain CONFIDENTIAL. You are prohibited from sharing the content of these discussions outside of the SpineXchange.
Service Fees
You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published by TSX from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the credit card, Apple Pay or Google Pay account provided. You agree to maintain valid credit card information in your Account. By providing TSX’s third party payment processors with your credit card, Apple Pay or Google Pay information, you authorise TSX to bill and charge your credit card.
Moderators
TSX moderators are peer support facilitators, not licensed clinicians (“Moderators”). TSX assumes no responsibility for the quality of the services a moderated peer group provides, nor any act, omission or wrongdoing of any moderated peer group. While TSX will help you match with a moderated peer group, help you find a new group if the match is unsuccessful, and follow up on any complaints about your current Moderator or group, TSX makes no representation or warranty whatsoever as to whether you will find the moderated peer group’s services relevant, useful, correct, satisfactory or suitable to your needs.
You should never rely on or make health or well-being decisions purely on use of TSX. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare clinician, or by traditional face-to-face appointment, due to information or advice you received through TSX.
Communications
You consent to receive communications from TSX electronically. TSX may communicate with you by e-mail or text if you elect to provide your contact information, or by posting notices on the Site or the Services. You may receive announcements, administrative messages, service updates, or other non-transactional communications, and that agreeing to receive these communications. Text messages and other SMS alerts from TSX may incur a charge by your mobile phone service provider. You may opt out of receiving non-transactional text messages by emailing TSX at info@thespinexchange.com
Intellectual Property and Proprietary Rights
All trademarks, service marks, logos, trade names and any other proprietary designations of TSX used herein are trademarks or registered trademarks of TSX. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
All of the content available on or through the Service is the property of TSX or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of TSX or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
The Terms herein do not permit you, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
If you print off, copy, download, share or repost any part of TSX’s site in breach of these terms of use, your right to use TSX’s site will cease immediately and you must, at TSX’s option, return or destroy any copies of the materials you have made.
Third-Party Links
The Site and Service may contain links to third-party websites or resources. You acknowledge and agree that TSX is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TSX. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Feedback
TSX welcomes and encourages you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing TSX at info@thespinexchange.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of TSX and you hereby irrevocably assign to TSX and agree to irrevocably assign to TSX all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
International Use
TSX makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the United Kingdom. If you access the Site from a location outside the United Kingdom, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
User Affirmations
By using the Service, you represent, warrant and agree to the following:
You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Service.
Nothing that you upload, publish, represent, warrant or transmit using the Site or Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “frame,” “mirror,” “scrape,” “crawl” or “spider” any web pages or other services contained in the Services.
You will not use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
You will not copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms.
You will not interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
You will not systematically retrieve data or Content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
You will not access, tamper with, or use non-public areas of the Site or Service, TSX’s computer systems, or any third-party provider system.
You will not attempt to probe, scan, or test the vulnerability of any TSX system or network or breach any security or authentication measures.
You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TSX or any of TSX’s providers or any other third party (including other Users) to protect the Site or Service.
You will not advocate, encourage, or assist any third party in doing any of the foregoing.
TSX will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TSX may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You acknowledge that TSX has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Termination
TSX may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. TSX has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organisation at any time, for any reason or for no reason at all, in its sole discretion. TSX reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice. TSX reserves the right to transfer its rights and obligation under the Service to a third party without prior notice. TSX will ensure the transfer does not affect your rights under the contract.
Changes to Terms of Use
TSX amends these terms from time to time. Every time you wish to use TSX’s site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 24 August 2022.
Disclaimers
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL TSX, ANY TSX LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHICH PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL TSX, ITS LICENSORS OR SUPPLIERS OF NON- MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF TSX OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TSX DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES TSX MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. TSX CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.
Disputes
These Terms are governed by the laws of the United Kingdom, without regard to any conflict of laws, rules or principles. You agree to submit to the venue and jurisdiction of the UK courts. TSX’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, TSX and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
General
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by TSX may be delivered by electronic mail to the address provided during the creation of your Account. TSX may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.