Terms of Service
Terms and Conditions for www.PainWorth.com
1. Basic Terms and Conditions for using this Website
This website (the “Website”), including all legal information, calculations, and otherwise, is solely provided for informational purposes by Settle Smart Ltd. (“PainWorth”). By using this Website or its associated services you agree to abide by the terms and conditions (collectively, the “Terms and Conditions”) outlined below. This includes accessing, using, or downloading any information, data, text, software, images, or other content (collectively, “Content”). By using the Website, you agree on your own behalf, and on behalf of any entity for whom you are acting, to accepted and abide by the Terms and Conditions each time you visit or use the Website. If you do not agree to abide by the Terms and Conditions, do not use this Website.
PainWorth has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions at any time. Changes will be effective with each use or time you access the Website. PainWorth may provide additional notices when its Terms and Conditions have undergone major changes. If any term, condition or any change is not acceptable then you must discontinue using this Website immediately. Your continued use of this Website after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Website and do not alter the terms or conditions of any other agreement you may have with PainWorth, except where explicitly agreed otherwise.
PainWorth may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend, or discontinue any aspect of this Website, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Website (ii) adding, removing or changing any fees or charges for use of the Website or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on this Website. PainWorth reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Website at any time without notice, but confirms that it has no duty to do so. By agreeing to these Terms and Conditions, you agree that there shall be no cause of action for any such errors or omissions, including a failure to provide notice of the same.
2. Legal advice, legal information, and your responsibility to make decisions
PAINWORTH IS NOT A LAW FIRM AND IT CANNOT, AND WILL NOT, PROVIDE LEGAL ADVICE. YOU MUST CONTACT A LAWYER IN YOUR JURISDICTION TO OBTAIN LEGAL ADVICE.
Regardless of whether you are a beta-user (during limited public tests) or a free or paid user once the Website is widely made available to the public, using the Website or a PainWorth product (free or paid) does not create a solicitor-client relationship between PainWorth and you. PainWorth’s employees, contractors, or other parties may provide users with legal information (but not legal advice) or other information in order for users to independently use the Website. You agree that no such information shall be construed or treated as legal advice and that you shall not rely on any communication whatsoever from PainWorth as being legal advice.
You agree that all decisions you make on legal matters are your full responsibility. PainWorth provides materials and other information on the Website for information purposes only. If at any point you decide that you cannot facilitate your own legal case, or you require particular information which could be characterized (or is actually) legal advice, then you agree to retain a lawyer that is licensed to practice in your own jurisdiction.
PainWorth may, from time-to-time, offer a service which presents lawyers to users for consideration in potential legal claims. While PainWorth attempts to identify lawyers of a high quality, PainWorth makes no representation or warranty as to the quality of services that are provided by any such lawyer. You agree that PainWorth shall not be liable for any lawyer which you retain through such service offering.
By using the Website, you agree and acknowledge that PainWorth does not provide legal advice. If you receive any communication from PainWorth, its agents, employees, or any other associated party, which is legal advice (or may seem like legal advice), then you agree that it is a communication that was NOT authorized by PainWorth and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of, and for any use you make of, information or calculations from the Website. By using the Website for attempts to settle your own lawsuit, you agree to obtain legal advice in order to conclusively determine the potential value of your lawsuit and other legal particulars (including assessing liability, value of damages, etc.) or you expressly have waived your desire to have legal representation and assume the risks of proceeding without such representation.
You agree to accept full responsibility for facilitating your personal injury lawsuit, whether you rely on PainWorth’s Website or retain independent legal representation, or a combination of both. You agree that you cannot sue PainWorth for not obtaining an optimal settlement, or where a negotiation leads to a less than optimal settlement.
For clarity, legal advice may include any of the following:
any legal communication, work, or service which, under the governing laws of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed lawyer;
advice on which legal document or documents you need or are best for your situation;
determining the legal consequences that will, or could, result from how you have created your legal document, including whether you are at risk of losing your ability to claim a lawsuit based on the timeliness of settling a claim;
whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
whether you have omitted any necessary provisions or details from your legal documents; and
whether you require any additional legal documents or legal procedures.
AS OUTLINED IN THESE TERMS AND CONDITIONS, PAINWORTH DOES NOT GIVE LEGAL ADVICE AND MAKES NO REPRESENTATION OR WARRANTY IN RESPECT OF INFORMATION POSTED ON THE WEBSITE.
3. Limited license (Personal, Non-Commercial Use Only)
Users who intend to access the Website for commercial purposes should contact PainWorth about commercial licensing arrangements.
You are granted a Canadian, non–exclusive, non–transferable, non–sub–licensable, revocable, limited license to display on your computer, print, download, and use the Content of this Website for informational purposes only and solely for your own personal use. You may not modify any Content that you use. You must include with any display or copy of the content its copyright notice (that is, the line at the bottom of this page). No other use whatsoever is permitted.
You may not:
resell any Content;
include any Content in, or with, any product or service that you create or distribute;
copy any Content onto your website or any other website;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
reverse engineer, decompile, reverse assemble or otherwise attempt to discover source code (or the underlying ideas, algorithms, structure or organization) of the Content and Website, or modify, adapt, translate, recast, alter, or create derivative works from any portion of the Content and Website;
remove any copyright notices, identification or any other proprietary notices from any of the Content.
use this Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Website or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Website (including without limitation uploading, posting or otherwise transmitting on this Website computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Website’s infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Content in whole or in part).
Your license will terminate automatically if you violate any of these restrictions.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Website, and that you will comply with all laws that apply or may apply to your use of or activities on this Website or in respect of the Content. PainWorth will investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. PainWorth reserves the right at all times to disclose any information regarding your usage of the Website as necessary to satisfy any legal, court, regulatory, government, or similar request.
4. Proprietary rights and intellectual property
The Content is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction, or modification of the Content by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Website constitute trademarks, trade names, trade dress, and associated products and services of PainWorth or its affiliates (the “Marks”), and are protected in Canada and internationally and their display on this Website does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of PainWorth is strictly prohibited.
Other trademarks, trade names, trade dress, and associated products and services mentioned on this Website may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress, and associated products and services on this Website does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
All Marks, copyright, trademarks (including its distinguishing guise or trade dress), and other intellectual property rights (registered and unregistered) on the Website belong to PainWorth or such other parties as is indicated. PainWorth reserves all of its rights in providing information via the Website. Nothing in the Terms and Conditions grants you a right or licence to use any intellectual property rights owned or controlled by PainWorth or any other third party, except as expressly provided in these Terms and Conditions.
You agree to the following:
any intellectual property shared via the Website is the exclusive property of PainWorth or other parties, where indicated;
you will not use PainWorth Website or associated information or materials for any purpose other than as is expressly permitted in these Terms and Conditions;
you will not distribute in any medium any PainWorth materials or information without PainWorth’s prior written authorization or as expressly provided by these Terms and Conditions; and
any distribution or past distribution of any PainWorth information or materials that violates these Terms and Conditions is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses PainWorth materials being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
5. Linked sites
Certain links on this Website may take you to other websites. PainWorth provides these links only as a convenience or to reference the primary source of such information.
PainWorth is not responsible for the Content of any such linked pages. PainWorth makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. If you use these sites, you will leave this Website and may be subject to additional terms and conditions on such other sites.
If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
PainWorth welcomes links to this Website. However, you agree that if you want to link to this Website your website shall not:
incorporate published documents into another website and mask their origin or source through framing, re-use of search processes, or similar means which create confusion or misrepresent the source of documents from PainWorth’s or other websites;
create frames around any part of this Website or use other techniques that alter the visual presentation of this Website;
download documents or calculations in bulk or by another systematic means of downloading the same, including by way of programming, hiring human resources, or other similar “data scraping” means.
imply that PainWorth is endorsing you or any other person, or your or such other person’s products or services;
imply an affiliation between you or any other person, or your or such other person’s products or services, and PainWorth without the prior written consent of PainWorth;
misrepresent the relationship of you or any other person with PainWorth or present false, misleading or otherwise damaging information or impressions about PainWorth or any of its products or services; or
contain materials that may be interpreted as distasteful, harmful, offensive, infringing or inaccurate.
PainWorth makes reasonable efforts to ensure that the Content is accurate and informative at the time it is posted on the Website. However, PainWorth makes no representation or warranty of any kind regarding the Website or the Content, including without limitation, any representation or warranty regarding the accuracy, reliability, currency, or completeness of the Content.
PainWorth makes no representation or warranty that Content at this Website is appropriate or available for use at any locations outside Canada. Accessing the Content from locations where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE (INCLUDING WITHOUT LIMITATION THE CONTENT) IS PROVIDED ON AN “AS IS” BASIS; AND THAT ANY USE OF OR RELIANCE ON THE WEBSITE SHALL BE AT YOUR SOLE RISK.
PainWorth and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non–infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade. For greater certainty, PainWorth does not warrant that this Website will continue to operate, operate without interruptions or be error-free.
7. Limitation of liability and indemnity
By using the Website, you agree that the maximum liability of PainWorth is the amount paid by you, or a party for whom you are acting for or on behalf. You expressly agree that where there is no payment to access or use the Website, whether you are accessing the Website as a free user or a (free) beta-user, you agree that PainWorth’s liability in such cases is $0.
You agree that in no event will PainWorth or any of its affiliates have any responsibility or liability in connection with accessing or using the Website for any loss or damages or any other reason whatsoever, whether based on contract, negligence, or other legal or equitable basis, including without limitation direct, indirect, special, punitive, exemplary or consequential damages or other damages (including, without limitation, damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill, etc.), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, this Website, the Content, any content of any linked website, or failure of such websites, (including, without limitation, any damages suffered as a result of omissions or inaccuracies in such websites or content, or the transmission of confidential or sensitive information to or from such websites) even if PainWorth or any of its affiliates has been advised of the possibility of such damage or loss or if such damage or loss was foreseeable.
By agreeing to these Terms and Conditions, you agree to indemnify and hold PainWorth, its directors, officers, employees, agents, and affiliates, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees (on a solicitor-client basis and including any applicable filing fees or other disbursements), asserted by you or any third party (whether independently or on your behalf) due to or arising out of your use of the Website or PainWorth materials.
YOU AGREE TO INDEMNIFY AND HOLD PAINWORTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, HARMLESS FROM ANY SETTLEMENT THAT YOU OBTAIN AFTER USING PAINWORTH’S WEBSITE, INCLUDING ANY SERVICES OR LEGAL INFORMATION THERETO.
8. Governing law
This Website is controlled, operated and administered by PainWorth from within the Province of Alberta, Canada. By accessing this Website, you agree that all matters relating to the access to, or use of, this Website shall be governed by the laws of the Province of Alberta or, as applicable, by federal laws of Canada, without respect to applicable conflict of laws principles and that you will comply with all such laws. These Terms and Conditions are to be construed and interpreted in accordance with the laws of Alberta. If there is a dispute, then such disputes shall take place in Edmonton, Alberta, unless agreed otherwise by the user and PainWorth.
9. Arbitration and class action waiver
For any dispute, you agree to first contact PainWorth (see contact information on the Website) and exhibit best efforts in an attempt to resolve the dispute with PainWorth on an informal basis. If such dispute cannot be resolved within 60 days, then PainWorth and you agree that further resolution shall exclusively be conducted by binding arbitration.
Where a dispute cannot be resolved per the informal procedure above, then each user must submit a request in writing to PainWorth for an arbitrator to be appointed. PainWorth shall have 90 days to choose and appoint an independent and impartial arbitrator to resolve such dispute. Arbitration will exclusively be held in Edmonton, Alberta. Any arbitration finding shall be binding and final.
The cost of binding arbitration, and any court proceedings in respect of an arbitration award or otherwise, including reasonable legal fees and costs, shall be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
You further agree not to seek to have such dispute heard as a class action, whether as a plaintiff or class member in any class action, collective action, private attorney general action, or other similar representative proceeding. This waiver applies to class arbitration and, unless PainWorth agrees otherwise, the arbitrator may not consolidate more than one person’s claim(s).
The Terms and Conditions constitute the entire agreement between PainWorth and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between PainWorth’s employees, independent contractors, agents, or its affiliates and you with respect to this agreement.
If for any reason a court of competent jurisdiction finds any provision, or portion of a provision, of the Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.
PainWorth’ failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right