TERMS OF ACCESS AND USE

This Web site is owned by and under the control of My Spine Time A.S. ("MST"). By accessing, viewing or otherwise using this Web site you agree to the following terms.Please read these terms carefully:

1. ACCESS AND USE

Access to and use of this Web site and all content, services, products, software, programs, materials, text, graphics, images, data, information, documentation, databases and systems therein or involved therewith (collectively, “Web Site Content”) are subject to these terms and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, MST may: (a) add, delete or modify terms and other rules or access and use procedures, documentation, security procedures and standards for equipment; (b) change the type and location of Web Site Content, system equipment, facilities, programs or software; or (c) add, withdraw or modify this Web site or any Web Site Content. You are obligated to review this Web site for changes and revisions to the Web Site Content. MST reserves the right to terminate access to this Web site or any Web Site Content, or take other actions it reasonably believes necessary, to comply with the law or to protect its rights or the rights of any third party. Any access or attempt to access or use this Web site or any Web Site Content for any unauthorized or illegal purpose is strictly prohibited.

2.NO MEDICAL ADVICE

THIS WEB SITE AND THE WEB SITE CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY. THE WEB SITE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD SEEK THE ADVICE OF YOUR MEDICAL PROFESSIONAL OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION, AND BEFORE BEGINNING ANY EXERCISE OR HEALTH PROGRAM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

3.NO GUARANTEE

MST makes no representation, warranty or guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of any Web Site Content. MST does not represent, support, sponsor or endorse any of the Web Site Content or advertisements or information contained on, distributed through, or linked, downloaded or accessed through or from this Web site, nor the quality of any Web Site Content displayed, obtained or purchased by you as a result of your access or use of this Web site or any Web Site Content. You hereby acknowledge that any reliance upon Web Site Content shall be at your sole risk. MST reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Web site or any Web Site Content at any time without notice to you.

4.RESTRICTION ON USE

Without MST’s prior written consent, which consent may be given or withheld in MST’s sole discretion, you may not: (a) sell, resell, license, sublicense, rent, lease, display, disseminate or otherwise publicly distribute any Web Site Content or any access thereto; (b) use your access to this Web site or any Web Site Content to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this Web site or any Web Site Content which you access in violation of, or post any information to any MST owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any Web Site Content; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of this Web site or Web Site Content, or the selection, coordination or arrangement of the Web Site Content on this Web site.

5.OWNERSHIP OF SUBMISSIONS

Any information of any kind, including but not limited to remarks, suggestions, ideas, graphics, images, data or other submissions, communicated to MST through this Web site is deemed non-confidential and is the exclusive property of MST. MST shall be entitled to use any information or ideas submitted for any purpose without restriction and without compensation to or attribution or acknowledgement of the source.

6.INTELLECTUAL PROPERTY RIGHTS

The trademarks, including names, logos, slogans and service marks appearing on this Web site or in Web Site Content, whether registered or unregistered, are not to be copied, reproduced, published or in any way used without the written permission of MST or the owner thereof. You may download MST Web Site Content displayed on this Web site for non-commercial, personal use only and must retain all copyright and other proprietary notices included therewith.

7.HYPERLINKS

You may not establish Hyperlinks either to this Web site or away from this Web site without the prior written consent of MST, which consent may be given or withheld in MST’s sole discretion. In its sole discretion, MST reserves the right to remove a Hyperlink to this Web site or away from this Web site at any time and for any reason. Contact MST at postmaster@myspinetime.com to request this consent. All Hyperlinks approved shall be to the home page of this Web site. Framing at this Web site is expressly prohibited.

8.THIRD PARTY WEB SITES

Hyperlinks on this Web site may direct you to sites that may be offensive or inappropriate. MST does not make any representations, warranties or guarantees concerning any such Web sites which you may access from this Web site, and accordingly MST is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Web sites which may be accessible from this Web site or for the Hyperlink itself. MST is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Web site is not and should not imply any representation, sponsorship or endorsement by MST of such linked Web sites.

9.NO WARRANTY

THIS WEB SITE AND ALL WEB SITE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, USAGE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. MST DOES NOT WARRANT THAT THE WEB SITE, ANY WEB SITE CONTENT OR ANY THIRD PARTY WEB SITE OR WEB SITE CONTENT USED WITH, THROUGH OR PROVIDED BY MST, OR ANY PART THEREOF, WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL MST HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THIS WEB SITE OR THE WEB SITE CONTENT, IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. RISK OF USE AND RESPONSIBILITY

YOU ASSUME SOLE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGE TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS, ERRORS OR DEFICIENCIES OF ANY AND ALL KINDS IN THIS WEB SITE OR ANY WEB SITE CONTENT. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT MST DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOU SHALL TAKE SOLE RESPONSIBILITY FOR ALL ACCESS AND USE OF THIS WEB SITE OR ANY WEB SITE CONTENT. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS WEB SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE WEB SITE, WEB SITE CONTENT OR ANY HARDWARE. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MST AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.

11.LIMITATION OF LIABILITY

NEITHER MST NOR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AFFILIATES, AFFILIATED DOCTORS, CHIROPRACTORS OR HEALTH PROFESSIONALS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PERSONAL INJURY, WRONGFUL DEATH OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER DIRECTLY OR INDIRECTLY RELATING TO THIS WEB SITE, THE WEB SITE CONTENT OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT MST IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

12.ENTIRE AGREEMENT

If any part or parts of these terms are held to be invalid or unenforceable, the remaining parts will continue to be valid and enforceable. MST's failure to insist on performance of any of these terms, or failure to exercise any of MST's rights hereunder, shall not constitute a waiver of any of MST's rights or remedies hereunder. Nothing in these terms affects any statutory rights of consumers that cannot be waived or limited by contract.

13.JURISDICTION AND DISPUTES

Any controversy or claim arising out of or relating to these terms whatsoever shall be finally resolved by binding arbitration before a single arbitrator in accordance with the then-current Rules of the International Chamber of Commerce (“ICC”), except where such rules conflict with this provision, in which case this provision controls. Any court of competent jurisdiction shall enforce this clause and enter judgment on any award. The arbitrator shall be selected within twenty business days from commencement of the arbitration from the ICC’s roster of arbitrators pursuant to mutual agreement of the parties or through the selection procedures administered by the ICC. Within forty-five (45) days of initiation of arbitration, the parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than six (6) months from selection of the arbitrator or, failing agreement, procedures meeting such time limits will be designed by the ICC and adhered to by the parties. The arbitration shall be held in Longon, England, and the arbitrator shall apply Norwegian substantive law. Prior to appointment of the arbitrator or thereafter if the arbitrator is unavailable for any reason, emergency relief shall be available in the form of a restraining order or an injunction from any court of competent jurisdiction to avoid irreparable harm. THE ARBITRATOR SHALL NOT AWARD EITHER PARTY PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS FEES OR COSTS. Prior to commencement of arbitration, the parties must attempt to mediate their dispute using a professional mediator from ICC, the CPR Institute for Dispute Resolution, or like organization selected by agreement or, absent agreement, through selection procedures administered by the ICC. Within a period of forty-five (45) days after the request for mediation, the parties agree to convene with the mediator, with business representatives present, for at least one session to attempt to resolve the matter. In no event will mediation delay commencement of the arbitration for more than forty-five (45) days absent agreement of the parties or interfere with the availability of emergency relief

14.COMPLIANCE WITH ALL LAWS

You agree to comply with all applicable export laws, regulations and restrictions. Web Site Content MST may contain references or cross references to MST or third party products, programs and services that are not announced or available in your country. Such references do not imply that either MST or such third party intends to announce or make available such products, programs or services in your country. Consult MST or the applicable third party for information regarding any such products, programs or services. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.

15.NO NOTICE

Communications made by e-mail or though this Web site shall in no way be deemed to constitute legal notice to MST or any of its divisions, subsidiaries, affiliates, officers, employees, agents or representatives regarding any existing or potential claim, or cause of action against MST or any of its divisions, subsidiaries, affiliated companies, officers, employees, agents or representatives, where notice is required by any federal, state or local laws, rules or regulations.

16.QUESTIONS

If you have any questions regarding this Web site, the Web Site Content, or these terms, contact MST at postmaster@myspinetime.com.

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