Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING TELESPINE’S SERVICES.
Please read the following terms and conditions of service (“Terms”) carefully as they contain the legal terms and conditions of an agreement (“Agreement”) that you agree to when you use the services provided to you by Telespine through the Telespine App and/or all other services provided through by Telespine (collectively, the “Services”).
By accessing or using any of the Services you agree to be bound by the Terms of Service For the purposes of this Agreement, “you” means you, the person using the Services, and, if applicable, the person that agrees to the Terms when registering for an account. You and any persons that you authorize to use your account, are sometimes referred to in this Agreement as the “User.” “Telespine,” “we” or “us” means Telespine, Inc. In the case of inconsistencies between these Terms and information found elsewhere, including in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
TELESPINE’S SERVICES DO NOT OFFER MEDICAL ADVICE.
The information contained via Telespine’s Services is intended for informational purposes only. These Services, including text, images, video or any other formats or material therein (the “Content”) are not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. You should not use any of the Content in place of a visit or call, to, consultation with, or the advice of a professional healthcare provider. Telespine is not liable or responsible for any advice, course of treatment, diagnosis you obtain through these Services. Never disregard professional medical advice or delay in seeking care because of something you have read or watched through Telespine’s Services.
Reliance on any information provided by Telespine, Inc. through their Services online or offline is solely at your own risk. Telespine, Inc. assumes no responsibility for the accuracy of information contained or available through their Services, and information posted is subject to change without notice. Telespine, Inc. will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom.
Telespine, Inc. does not recommend nor endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through its Services.
Health Coach Chat and Phone/Video Consultations via Telespine’s App
Please note that we cannot provide medical recommendations or a diagnosis for your condition. Health Coach Chats and Consultations are not intended to replace the medical advice, treatment or diagnosis of your physician or healthcare provider. Health Coach Chats and Consultations must be considered at all times as an educational convenience service only and shall not be relied upon or designed to replace or substitute a physician’s medical advice and guidance. You must also be 18 years or older to use the Health Coach Chat and/or Consultation services. If you think you might be experiencing a medical emergency, please call 911 to get prompt medical attention.
- If you have unbearable pain for more than three days (i.e. a 10/10), consult a physician prior to participating in the Telespine program.
- If your pain travels below your hips into your thigh(s), lower leg(s), or feet, consult a physician prior to participating in the Telespine program.
- If you are experiencing any numbness or tingling in your pelvic region, thighs, or lower legs, consult a physician prior to participating in the Telespine program.
- If you have any noticeable leg weakness associated with your pain, consult a physician prior to participating in the Telespine program.
- If you are experiencing any bowel or bladder control issues since the onset of your back pain, consult a physician prior to participating in the Telespine program.
- If you currently have a fever, consult a physician prior to participating in the Telespine program.
- If you have any serious medical or physical illness, consult a physician prior to participating in the Telespine program.
If you believe you have a medical emergency you should call 911 or your physician immediately.
The Telespine App may contain health or medical-related materials that are sexually explicit. If you find such materials offensive, you may not want to use the Telespine App.
TERMS APPLICABLE TO ALL USERS OF TELESPINE’S SERVICES
Telespine uses reasonable efforts to ensure that the Services are available 24 hours a day 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Telespine. Telespine will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Telespine. You agree that Telespine shall not be liable to you for any modification, suspension or discontinuance of the Services. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Services.
All brand, product and service names used in the Services which identify Telespine and www.telespine.com are proprietary marks of Telespine. All rights reserved. These and other www.telespine.com graphics, logos, and service marks and trademarks of Telespine, Inc. and its affiliates may not be used without prior written consent of Telespine, Inc. or its affiliates, as the case may be. All brand, product and service names used in the Services or on the Site which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of Telespine or any third party with respect to any such image, logo or name.
Ownership and Copyright
You acknowledge and agree that Telespine’s Services and the information and Content contained therein are owned by Telespine and/or its third party content providers (“Content Providers”), and are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that these services, including the Telespine App, contains confidential and proprietary data and information of Telespine and its Content Providers, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the sale or transfer of, create derivative works from, or in any way exploit any of the Content. Except as otherwise provided herein or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or distribute in any way, the Content protected by copyright, or other proprietary right, without obtaining the permission of the owner of the copyright or other proprietary right. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement. Telespine has the absolute right to terminate your account or exclude you from these Services if you use the Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold Telespine harmless for any violation of this provision.
Third Party Software and Linking
Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Telespine makes no warranty with regard to the products or website of any other entity. Telespine has no control over the content or availability of any third-party software or website. In particular, (a) Telespine makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) Telespine notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns. All links to third party web sites are provided for your convenience only. If you decide to access linked websites you do so at your own risk. It is your responsibility to evaluate the information, opinion, advice, or other Information and/or Content available through www.telespine.com. Telespine does not endorse or take responsibility for the content on other web sites or the availability of other websites and you agree that Telespine is not liable for any loss or damage that you may suffer by using other websites.
Amendment of Terms
Telespine may amend, revise or update these Terms from time to time without notice. Your continued use of these Services constitutes acceptance of any such amendments, additions, or modifications.
Telespine is located in Boulder, Colorado, U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Site administrator as follows:
Monitoring of Content
You understand that Telespine can access your account and disclose information or otherwise provide access to third parties for the following reasons:
- to remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
- to maintain the Site and to develop new and useful features and services;
- to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
- to enforce these Terms;
- to respond to claims that any User Content violates the rights of third-parties;
- to respond to your requests for customer service; and
- to protect the rights, property, or personal safety of Telespine, its users and the public.
You are responsible for ensuring that no unauthorized person has or gains access to your www.Telespine.com passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name and password; (2) authorize, monitor, and control access to and use of your www.Telespine.com account and password; (3) promptly inform Telespine or www.telespine.com if you believe your account or password has been compromised or if you need to deactivate a password.
Subscriptions, Payments and Refunds
Telespine may offer paid subscriptions in monthly and yearly terms to Users for access to its online Services and Content. These subscription fees may vary by region, partner provider and/or depending on the products and services offered at the time of checkout.
Telespine uses a 3rd party payment gateway to collect payment information and to process all payments. Personal information collected by our third party payment gateway is not stored by Telespine or by our other service providers, and is subject to their own terms and conditions.
All prepaid subscription fees are considered “Final Sale” and are not eligible for refund, credit or any other means of compensation.
If you wish to cancel your subscription before the end of the term, you may do so at any time from your subscription management page found inside of your account page.
Suspension and Termination of Access
Telespine reserves the right to suspend or terminate your account and use of the Telespine Services and remove and discard any User Content at any time, without notice, for any reason, including but not limited to the following:
- breach of these Terms, including policies or guidelines set forth by Telespine elsewhere; or
- conduct that Telespine believes is harmful to other users of Telespine’s Services or the business of Telespine or other third party information providers.
Further, you agree that Telespine shall not be liable to you or any third party for any termination of your access to these Services. Telespine reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Telespine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Disclaimer and Warranty
THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE FROM TELESPINE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, TELESPINE MAKES NO REPRESENTATIONS OF WARRANTIES THAT THESE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE TELESPINE APP OR OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES, WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. TELESPINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE APP OR ELSEWHERE OR ADVERTISED THROUGH THE TELESPINE SITE. NO ADVICE OR INFORMATION GIVEN BY TELESPINE, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE VIA TELESPINE OR ITS AFFILIATES IS AT YOUR OWN DISCRETION AND AT YOUR SOLE RISK. TELESPINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE RESULTS TO BE OBTAINED FROM USING THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE APP OR TELESPINE’S AFFILIATES. THE CONTENT, SERVICES AND MATERIALS AVAILABLE ARE PRESENTED IN SUMMARY FORM, ARE GENERAL IN NATURE, AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT, SERVICES AND MATERIALS ARE DESIGNED TO SUPPLEMENT THE ADVICE AND COUNSEL OF YOUR THERAPIST, PHYSICIAN, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL AND ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR SUCH PROFESSIONAL ADVICE OR COUNSEL. ALWAYS SEEK THE ADVICE OF YOUR THERAPIST, PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR HEALTH CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICES OR MATERIALS OFFERED BY OR FROM TELESPINE ARE INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR OBTAINED FROM TELESPINE OR ITS SERVICES. THE CONTENT, SERVICES AND MATERIALS AVAILABLE THROUGH TELESPINE’S APP, SITE OR AFFILIATES MAY NOT BE APPROPRIATE FOR ALL USERS.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THESE SERVICES, THAT YOUR USE OF THE SERVICES, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS, AND ANY RELIANCE UPON THEM, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TELESPINE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA, CONTENT OR INFORMATION, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE SITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SITE OR PROVIDED AS PART OF THE SERVICES, EVEN IF TELESPINE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT TELESPINE SHALL HAVE NO LIABILITY FOR ANY USER OR THIRD PARTY CONTENT. YOU ALSO AGREE THAT (1) TELESPINE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE CONTENT OR TO UTILIZE THE SERVICES AND (2) TELESPINE SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE CONTENT OR TO UTILIZE THE SERVICES, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THESE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THESE SERVICES, OR WITH ANY OF THESE TERMS, OR FEEL TELESPINE HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP, SITE AND/OR THE SERVICES. THE TOTAL LIABILITY OF TELESPINE TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION DURING THE THREE (3) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Telespine, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.
Updates and Health
You are advised that health advice is often subject to updating and refining due to medical research and developments. However, we do not assure that the advice contained within Telespine’s Services will include the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have. Telespine is not responsible for your use of the information, Content, or materials contained on or obtained from these Services.
Usage by Children under 13
Telespine and www.telespine.com cannot prohibit minors from visiting the Telespine Site or App. Telespine must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
Applicable Law and Jurisdiction
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Service must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law.
All disputes arising under this Agreement shall be submitted to mediation. Each party shall designate an executive officer or principal empowered to resolve the dispute. Should the designated representatives be unable to agree on a resolution, a mediation service acceptable to both parties shall select a mediator to mediate the dispute. Each disputing party shall pay an equal percentage of the mediator’s fees and expenses. No suit or arbitration proceeding shall be commenced under this Agreement until at least 60 days after the mediator’s first meeting with the involved parties. In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the state and federal courts located in Denver County, Colorado, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys’ fees.
No joint venture, partnership, employment, or agency relationship exists between you and Telespine as a result of this Agreement or use of the Services.
Telespine will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Telespine’s reasonable control.
The failure of Telespine to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Telespine in writing.
The headings of Sections of this Agreement are for convenience and are not to be used in interpretation.
BY CLICKING ON THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS ABOVE, TELESPINE IS UNWILLING TO PROVIDE THE SERVICES TO YOU, AND YOU SHOULD CLICK ON THE “DO NOT ACCEPT” BUTTON BELOW TO DISCONTINUE THE REGISTRATION PROCESS.
YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE by using Telespine, Inc.’s Services
This statement discloses the privacy practices for www.Telespine.com (the “Site”), the Telespine, Inc. (“Telespine”) web site and informs you about:
- what personally identifiable information is collected;
- what organization is collecting the information;
- how the information is used and disclosed to third parties;
- what choices are available to you regarding collection, use and distribution of the information;
- how to correct, update or delete personally identifiable information; and
- what kind of security procedures are in place to protect the loss, misuse or alteration of information under the company’s control.
“Personally identifiable information” is information that would allow someone to identify or contact you, including, for example, your full name, address, telephone number or email address.
(1) What Information Is Collected
You provide certain personal information to us, including when you: (a) register for an account, (b) register for free newsletters, (c) send email messages, submit forms or send other information to us, and (d) subscribe to receive Services. We may collect personal information from you at other points on our Site that state that personal information is being collected. We may also receive certain personal information from healthcare providers or third party partners.
In addition, our servers automatically collect information about which pages are viewed within our Site, but in these instances, we do not obtain personally identifiable information about you. We use a feature of your browser called a “cookie” to assign a User ID that automatically identifies your computer when you visit the Site. Cookies are small pieces of information stored on your hard drive, not on our Site. You are always free to decline our cookies if your browser permits, but some parts of the Site may not work properly if you do.
(2) What Organization Is Collecting the Information
Telespine owns and operates the Site and is the company that collects personal information on the Site. Our contact information is listed above.
(3) How the Information Is Used and Disclosed to Third Parties
As a general practice, we do not provide your personally identifiable information to third parties. So, for example, we will never sell your email address or your name and personal demographic information to mass marketers. However, on particular pages where we ask for your personally identifiable information, we may explicitly tell you that the data we are collecting on that page will be shared with certain third parties, in which case those disclosures shall override anything to the contrary in this policy. In some cases, we use your personally identifiable information to provide information to you, such as to send to you requested newsletters or to provide to you requested services.
(4) Controlling the Collection, Use and Distribution of Your Information
You can control the content of your personal information by following the instructions stated below in Section 5.
Please note that if you provide any information on your own or directly to parties who provide service to our web site or any other sites you encounter on the Internet (even if these sites are branded with our branding), different rules may apply to their use or disclosure of the personal information you disclose to them. We encourage you to investigate and ask questions before disclosing information to third parties.
(5) Correcting, Updating and Deleting Personal Information
You can access and update your personal information, including changing your subscriptions to our email newsletters and opting out of receiving email about our services, by logging into your account at www.telespine.com. Even if you delete or change some personal information in our registration database, it may still be stored on other databases (including those kept for archival purposes).
(6) Our Security Procedures
We have established and maintain reasonable security procedures to protect the confidentiality, security and integrity of your personally identifiable information. These measures include firewalls, password protection, electronic monitoring, data encryption, and physical security of our servers, Our employees and our subcontractors follow specific business practices to maintain the integrity and security of your personal information. “Perfect security,” however, does not exist on the Internet.
Although your privacy is very important to us, due to the existing legal regulatory and security environment, we cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to do so) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe is necessary or appropriate.
We hope this policy clarifies our procedures regarding your personal information. We reserve the right to change this policy at any time, so please re-visit this page as often as you wish.