Terms of Service
Effective Date: September 22, 2024
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE PLATFORM (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PLATFORM IN ANY MANNER.
Table of Contents
- Acceptance of Terms
- The Platform
- Medical Disclaimer
- Eligibility & Account Creation
- Fees, Refund and Cancellation Policy
- Prohibitions
- Intellectual Property Rights
- Disclaimers
- Limitation of Liability
- Arbitration and Class Action Waiver
- Governing Law
- Termination
- Indemnity and Release
- SMS Terms
- Contact Information
- Changes to Terms
- Entire Agreement
1. Acceptance of Terms
Welcome to byspine-institute.site, owned and operated by BySpineInstitute LLC ("BySpineInstitute," "we," "us," or "our"). These Terms of Use ("Terms") are a binding legal agreement between you and BySpineInstitute. "User," "you" and "your" refer to the individual or entity that uses the websites, applications, and other offerings from BySpineInstitute (collectively, the "Platform"). "Customer" refers to the person who asks a question on the Platform. "Expert" refers to the person who answers a question on the Platform. Customer and Expert together are "Users". These Terms govern your use of the Platform.
By using or otherwise accessing the Platform or clicking to accept or agree to these Terms, you (1) accept and agree these Terms and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, and (3) agree to comply with all rules, policies, and disclaimers posted on the Platform or about which you are notified.
2. The Platform
The BySpineInstitute Platform is an online venue for informational and educational purposes and connects Customers with Experts. BySpineInstitute is not in the business of providing or selling information or education that is within any Expert's area of expertise, and BySpineInstitute otherwise does not provide advice or any professional service to Customers. Users of the Platform, not BySpineInstitute, provide the content in Posts. Experts are not employees or agents of BySpineInstitute.
We are not involved in the conversations you may engage in with other Users on the Platform. BySpineInstitute shall not be liable for (a) any acts or omissions by you, (b) content in posts made by Users on the Platform, or (c) an Expert's failure to complete a transaction.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Platform and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Platform is not the appropriate venue to deal with such situations.
3. Medical Disclaimer
The Platform is not for medical emergencies. Do not use the Platform for adverse event reporting. This Platform may contain information relating to various medical, health and fitness conditions. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own healthcare professional. You should not use the information contained herein for diagnosing a health problem or disease. You should always consult your own healthcare and medical advisors.
Answers Experts provide on the Platform are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional medical advice. No professional-client relationships shall be formed on the Platform. By answering questions, Experts do not intend to form, and do not form doctor-patient relationships with Users of the Platform.
4. Eligibility & Account Creation
Only individuals who are at least 13 years old and can form legally binding contracts under applicable law are permitted to access the Platform. If we learn we have collected personal information from children under 13, we will delete that information. If you believe that a child under 13 has provided us personal information, please contact us at support@byspine-institute.site.
You must create an account to access certain features of the Platform. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for safeguarding your account password and for all activity that occurs on your account.
5. Fees, Refund and Cancellation Policy
BySpineInstitute's platform allows Customers to post questions to Experts, facilitates communication with Experts via chat and messaging, and enables delivery of and access to answers to your questions. Membership fees are non-refundable except as expressly set forth in these Terms or in accordance with applicable law.
You can cancel your Membership at any time up to 24 hours before the end of the current billing period by: (1) clicking the cancel membership button on your account page; (2) sending written notice via email to support@byspine-institute.site; or (3) talking to a customer support agent via our online chatbot.
6. Prohibitions
As a User of the Platform, you agree not to:
- Establish a professional-client relationship on the Platform
- Use the Platform for plagiarism or academic cheating
- Create multiple accounts on the Platform
- Submit content containing viruses or malicious code
- Engage in defamatory, threatening, or harassing behavior
- Violate any federal, state, or local laws
- Use artificial intelligence to scrape or train models on our content
- Resell or make commercial use of our system without written consent
7. Intellectual Property Rights
This Platform and its entire contents, features and functionality are owned by BySpineInstitute and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. All text, images, graphics, logos, and other materials on this Platform are subject to the intellectual property rights of BySpineInstitute.
8. Disclaimers
THE PLATFORM AND CONTENT ARE PROVIDED BY BYSPINEINSTITUTE ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT BYSPINEINSTITUTE DOES NOT VERIFY THE STATEMENTS OF EXPERTS OR CUSTOMERS. USE OF THIS PLATFORM IS AT YOUR SOLE RISK.
9. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BYSPINEINSTITUTE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL OUR LIABILITY EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BYSPINEINSTITUTE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.
10. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If you have a dispute with BySpineInstitute that cannot be resolved informally, such dispute will be resolved through binding arbitration administered by JAMS in accordance with their Streamlined Arbitration Rules and Procedures.
Any arbitration shall be conducted in individual capacities only and not as a class action. You expressly waive your right to file a class action or seek relief on a class basis.
You may opt-out of arbitration by sending written notice to support@byspine-institute.site within 30 days of first using the Platform.
11. Governing Law
These Terms shall be governed by the laws of the State of Idaho without regard to conflict of law provisions. For disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of federal and state courts located in Ada County, Idaho.
12. Termination
You may terminate your account at any time by written notice to support@byspine-institute.site. Terminations will be effective within seven (7) business days. BySpineInstitute reserves the right to modify, suspend, or terminate the Platform or any user account at any time with or without notice.
13. Indemnity and Release
You agree to indemnify, defend, and hold harmless BySpineInstitute and its officers, directors, employees, and agents from any losses, liabilities, expenses, damages, or costs arising from your use of the Platform, violation of these Terms, or any acts or omissions that implicate publicity rights, defamation, or invasion of privacy.
14. SMS Terms
By registering for the Platform, you consent to receive communications from us, which may include text messages to your provided phone number. You may opt-out by following the unsubscribe options we provide.
15. Contact Information
BySpineInstitute LLC
2847 Maple Ridge Drive
Phoenix, AZ 85019
United States
Email: support@byspine-institute.site
If you have questions about these Terms, please contact us at support@byspine-institute.site.
16. Changes to Terms
BySpineInstitute reserves the right to modify these Terms at any time. If we make material changes, we will notify you as required by law. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.
17. Entire Agreement
These Terms constitute the entire agreement between you and BySpineInstitute regarding the Platform and supersede any prior agreements. If any provision is held to be contrary to law, the remaining provisions shall remain in full force and effect.
18. Statute of Limitations
Any claim or cause of action arising from use of the Platform or these Terms must be filed within one (1) year after such claim arose or be forever barred.
19. Fair Use Policy
Memberships are intended for personal, non-transferable use only. Excessive use may impair our ability to offer services at reasonable prices to other customers and may indicate non-personal or resale use.
20. Third Party Links & Services
The Platform may provide links to other sites or resources. BySpineInstitute is not responsible for the availability or content of such external sites and does not endorse any content, advertising, or products available from such sites.
Last updated: 9/26/2025
These terms are effective as of September 22, 2024