Terms Of Use

Terms of Use
(Spine.MD)

Effective Date: 04/01/2018

Welcome to the Spine.MD website (hereinafter, this “Site”), which is owned and operated by Todd H. Lanman, M.D., Inc., located at 450 N Roxbury Dr, Beverly Hills, California 90210 (hereinafter, “our company” or “we” or “us”). By using this Site, you accept and agree to be bound by these Terms of Use as well as our Privacy Policy which is incorporated herein by reference. If you do not agree with any provision of these Terms of Use or our Privacy Policy, please do not use this Site.

IMPORTANT DISCLAIMERS:

• THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. This Site, including all information and material provided on this Site, is for general information purposes only. Nothing on this Site is intended to substitute for professional medical advice, diagnosis or treatment
• If you think you may have a medical emergency, call your doctor or 911 immediately.

Changes and Updates

We may change and update these Terms of Use from time to time in our sole discretion. By continuing to use this Site after such notice, you agree to be bound by these Terms of Use as changed/updated.

Intellectual Property

All information and material provided on this Site, including, without limitation, text, photos, images, graphics, artworks, videos and audios, as well as all layout design and look-and-feel elements of this Site (hereinafter, collectively, “Site Content”), are the property of our company and are protected by U.S. and international copyright and other intellectual property laws. Subject to your compliance with these Terms of Use and applicable laws, we hereby grant you a revocable, conditional and limited license to access and use this Site and Site Content solely for your own informational and non-commercial use. This license is personal to you and is not transferable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms of Use or any applicable law). Any unauthorized use, copying, reproduction or distribution of the Site Content is strictly prohibited and may result in civil and/or criminal liabilities. We reserve all rights not expressly granted herein.

The terms “LANMAN” and “4D HEALTH®” are our company’s trademarks and are protected by U.S. federal and state laws. Except as specifically permitted by applicable laws, any unauthorized use of our company’s trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities.

User-Submitted Material

Other than your personal information (which will be governed by our Privacy Policy), if you submit any information, data, idea, proposal, suggestion, recommendation, comment, testimonial, or other material to our company via this Site, you acknowledge and agree as follows:

•  Your submission is completely voluntary and is made without any condition of compensation, credit, attribution, secrecy or confidentiality. No contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and our company by reason of your submission. Your submission is not returnable and may be retained indefinitely by our company and our affiliates, successors and assigns.
• You represent and warrant that your submitted material does not contain another’s confidential or proprietary information and does not violate another’s intellectual property or other proprietary rights, or any applicable law.
• We and our affiliates, successors and assigns will be free, without any obligation or restriction, to use your submitted material, in whole or in part, for any and all purposes related to our and/or their businesses (including, without limitation, medical research, business development, marketing, advertising, promotion, publicity, and customer relations), throughout the world and in perpetuity.

Reservation of Rights

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Site or any Site Content, in whole or in part; (ii) restrict, limit, suspend or terminate any user’s access to this Site or any Site Content; (iii) monitor user activities on this Site to verify and ensure user compliance with these Terms of Use and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Use or any applicable law and cooperate with authorities in such investigation.

Prohibited Use

Any unlawful, abusive, or unauthorized use of this Site or Site Content is strictly prohibited. Without limitation to the generality of the foregoing, you may not:

•  use this Site or any Site Content in violation of these Terms of Use or any applicable law;
• make, display, perform, publish or distribute copies or derivative works of this Site or any Site Content, unless expressly permitted in writing by our company or by applicable law;
• remove, conceal, alter, or otherwise tamper with any copyright, author/source attribution, trademark, or other legal notices that appear on this Site or are included or embedded in any Site Content;
• interfere in any way with the operation of this Site or any server, network or system associated with this Site, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of this Site or any server, network or system associated with this Site; breaching or circumventing firewall, encryption, security or authentication routines; or accessing data or information not intended for you;
• use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Site or any server, network or system associated with this Site, or to extract, collect, harvest or gather content from this Site; or
• frame or otherwise create a browser or border environment around any page or content of this Site.

Links to Third-Party Websites

For our users’ convenience, this Site may contain links to third-party websites. Such linked third-party sites are neither owned, controlled or operated by, nor affiliated with, our company. Accordingly, we assume no responsibility for such linked third-party sites or for their content, products, services, views, opinions, policies or activities, and the inclusion of any link or reference to such third-party sites does not constitute or imply our company’s endorsement, sponsorship or approval of such third-party sites or their content, products, services, views, opinions, policies or activities.

Linking to Our Site

You may link to this Site, provided that: (i) your website does not contain material that is pornographic, obscene, vulgar, profane, defamatory, libelous, hateful, threatening, harassing, discriminatory, or unlawful; or that constitutes, promotes, solicits or aids crimes or illegal activities; or that constitutes, contains, promotes, or links to fake offers, scams, phishing schemes, or other fraudulent schemes (such as pyramid schemes and ponzi schemes); or that contains, promotes, or links to viruses, worms, Trojan horses, spyware, malware, ransomware, or other malicious, harmful or disruptive code or material; or that infringes, misappropriates or violates another’s intellectual property or other proprietary rights; or that otherwise violates any applicable law or regulation; (ii) you do not misrepresent or falsely suggest that your website or any of your content, products, services, views, opinions, policies or activities, is endorsed, sponsored or approved by, or is otherwise affiliated with, our company; and (iii) you do not publish false, misleading or inaccurate information about, or otherwise disparage, our company or this Site.

General Disclaimers

THIS SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT: (I) THIS SITE AND ALL SITE CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECT OR ERROR ON THIS SITE OR IN ANY SITE CONTENT WILL BE CORRECTED; OR (III) THIS SITE AND ALL SITE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR COMPANY OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS OR CONSULTANTS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THIS SITE OR ANY SITE CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

User Indemnification

You agree to defend, indemnify and hold our company harmless from and against any and all third-party claims (including any and all associated liabilities, damages, losses, costs and expenses) arising out of or related to (i) your use or misuse of this Site or any Site Content, or (ii) your violation of these Terms of Use or any applicable law.

Governing Law

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles.

Miscellaneous

If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect. A failure by our company to exercise or enforce any right or provision under these Terms of Use does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms of Use will only be effective if it is in writing and signed by us.