Website User Agreement and Privacy Policy
Effective Date: January 26, 2018
PainQx, Inc. (hereafter “PainQx”) is committed to the protection of your personal information. Please review this policy before using the PainQx website, www.painqx.com (the “Website”) or submitting any information to PainQx using the Website. You may direct any questions about this User Agreement and Privacy Policy to [email protected].
1. By Using the Website, You Agree to These Terms and Conditions
The Website is for informational purposes only. This Website is intended for adults. PainQx does not knowingly collect information from children under the age of 13. If PainQx discovers that it has collected information from a child under the age of 13, it will cause such information to be permanently deleted.
PainQx does not process any personal information or complete other transactions using the Website. However, individuals may voluntarily submit their contact information, along with questions or comments, using the Website to contact PainQx. Any such contacts are immediately directed to PainQx, by email.
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You may visit and/or use the Website only if you fully agree to this User Agreement and Privacy Policy. By accessing or using the Website, you signify and affirm your informed consent to this User Agreement and Privacy Policy, including to the collection and processing of your personal information, as set forth below.
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Your use of the Website is subject to and shall be governed by this User Agreement and Privacy Policy.
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This User Agreement and Privacy Policy, its interpretation and any disputes related thereto shall be governed by, construed under, and enforced by the laws of the State of Delaware.
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Any claims that arise from or relate to the Website, or this User Agreement and Privacy Policy shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction in New Castle County, Delaware, USA.
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PainQx may update this User Agreement and Privacy Policy from time to time in its sole discretion. Notification of any updates shall be displayed on the Website.
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Any heading used herein is for ease of reference only.
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You shall not use the Website for any unlawful or prohibited purpose.
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You shall not use the Website in any way that may damage the Website, PainQx, its employees, officers, or directors, customers, or business partners, or any their reputations.
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You shall not use the site in any manner that could damage, disable, overburden or impair the Website.
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You shall not obtain or attempt to obtain any material from the Website other than the means provided to you by the Website.
2. The Website Automatically Collects Non-Personal Information and Users may Voluntarily Share Personal Information PainQx collects the following information.
Non-Personal Information. User information is un-identified or non-identifiable information pertaining to a Visitor that may be automatically collected. We cannot identify the person from this information. This information mainly consists of technical and aggregated usage information.
Personal Information. Some Users may elect to share personal information, which mainly consists of contact details (name, email, phone number); details regarding browsing or usage information such as an IP address or unique device identifier), and free-text comments or questions submitted by the User to PainQx by email.
3. PainQx Collects User Information Through the Website
PainQx collects User information through the use of the Website. In other words, any time you are visiting the Website, we collect some information. It is your choice, however, whether you provide PainQx with personal information through the website. We hope that you to provide us with your information so that we can further develop our professional network.
4. PainQx does not Share User Information
PainQx does not share the information it collects, including personal information, with third parties.
5. The Website includes Third Party Links and Information
The Website may contain links to other websites. The linked sites are not under the control of PainQx and PainQx is not responsible for the management or content of any linked site. PainQx provides these links as a courtesy to Users. It is up to the User whether they click the link, or not. Therefore, Users hereby agree not to bring any claim against PainQx that arises from or relates to accessing or using such linked sites.
In addition, the Website may contain information about other companies or individuals. The names of such companies and their products or services may be the intellectual property of their respective owners.
6. The Website Stores User Information as needed by PainQx
Because the Website is for informational purposes, and because Users voluntarily submit personal information, PainQx stores such information as long as there is a reasonable business justification to store such information. Users may ask to have their information purged by sending a request to [email protected].
7. The Website is Hosted by GoDaddy.com; GoDaddy.com Stores all Information for PainQx
The Website is hosted by GoDaddy.com. Accordingly, PainQx’s use of services provided by GoDaddy.com are subject to GoDaddy.com’s Terms of Use and Privacy Policy (https://www.godaddy.com/legal-agreements) (together with the Terms of Use, the “GoDaddy Terms.”).
Godaddy.com also stores the information collected by PainQx through the Website. PainQx has entered into a legally binding agreement with Godaddy.com for hosting and information storage services.
8. PainQx Does Not Use Cookies or Tracking Technology
PainQx does not use monitoring or tracking technologies, such as cookies, beacons, etc.
9. PainQx Disclaims Certain Liabilities
Any information included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Advice received from the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
PainQx makes no representations about the suitability, reliability, availability, timeliness, or accuracy of any information published on the Website. To the maximum extent permitted by applicable law, all such information is provided “as is” without warranty or condition of any kind. PainQx hereby disclaims all warranties and conditions about such information, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall PainQx be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Web or related services, the provision of or failure to provide services, or for any information obtained through Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if PainQx has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; the above limitation may not apply to you.
If you are dissatisfied with any portion of Website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
10. Contact PainQx
If you have any questions about the Website, or PainQx, Inc., you may direct them to: [email protected] or PainQx, Inc., Attn: Privacy Department, 1 Yorktown Circle, Kennett Square, PA, 19348 USA.
Although pain has long been regarded as the 5th vital sign, and accurate pain measurement has long been considered critical to guide proper medical diagnosis and treatment, medical care providers have not had any way to objectively measure pain. A medical solution which would quickly analyze complex brain functions and patterns, and then score the pain level, objectively, has previously not existed. PainQx, Inc. is developing such a solution, the PainQx System.
The PainQx System, and its related proprietary systems and technology, will provide the first and only service to deliver an objective, reliable and quantitative measurement of pain. The PainQx System is a web based, pay- per- use or subscription based software format, which will be available for both health care providers and patients. The potential market is extraordinary. In the U.S. alone, there are hundreds of millions of instances every year where medical care providers need to accurately measure pain levels. These instances span the spectrum of health care from emergency situations to routine patient assessment. The accurate assessment of pain is essential to proper patient management. We believe that the PainQx System will deliver a revolutionary, breakthrough solution to the pain quantification need. Our solution will be fast, portable, inexpensive, digital and wireless.