Last updated: February 11, 2024
ChiroPlus Terms of Service
1. The Terms
1.1 Acceptance of Terms
ChiroPlus is the owner and operator of the ChiroPlus website located at the URL chiroplus.com, the ChiroPlus mobile application, and other websites or applications owned by ChiroPlus LLC, including personalized white label websites (collectively the ChiroPlus Service, as defined below). These Terms of Use (the “Agreement”) govern access to and use of the ChiroPlus Service. Access to and use of the ChiroPlus Services is subject to the User’s acceptance of this Agreement. User agrees to abide by all terms and conditions of this Agreement by accessing the ChiroPlus Services and /or by the continued use of the ChiroPlus Services. Please read the following, carefully bearing in mind that the Agreement must be read in conjunction with the Privacy Policy of ChiroPlus. Please review these terms regularly as they may be updated from time to time.
1.2 Right to Modify Terms
ChiroPlus reserves the right to modify the terms of this Agreement at any time at its sole discretion. We will notify users of any changes through the website, app, TXT, email, or your healthcare provider. Continued use of the ChiroPlus Services after such changes have been notified will constitute your consent to those changes.
1.3 Terms Definitions
1. “ChiroPlus Service” means the ChiroPlus website accessible through the URL www.ChiroPlus.com, the ChiroPlus mobile app, and other websites owned and operated by ChiroPlus LLC, including personalized white label websites and apps.
2. “ChiroPlus” means ChiroPlus LLC.
3. “Parties” means ChiroPlus and User, collectively.
4. “Party” means either ChiroPlus or User.
5. “User Account” means an account or access code created by User’s healthcare provider on the ChiroPlus Service.
6. “You”, “Your”, and/or “User” means any individuals and/ or entities visiting and / or otherwise accessing the ChiroPlus Service through an account or access code for any reason; said terms may be used interchangeably.
7. “Content” means all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, or other materials posted and/ or otherwise displayed on, too, or at the ChiroPlus Service.
8. “Personal Information” means, without limitation, any information that identifies or describes an individual including his or her name, physical description, age, gender, home address, home telephone number, or education. Personal Information also includes statements made by, or attributed to, a User.
9. “Licensor” or “Licensors” means the individuals who have licensed their online content exclusively to ChiroPlus.
10. “Access Code” means the specific, custom alpha-numeric code assigned by Your healthcare provider to access the ChiroPlus Service.
11. “Auth Code” means the numeric code sent to your mobile device to access the ChiroPlus Service
2. ChiroPlus Service
2.1 Content Ownership
ChiroPlus is the owner of all ChiroPlus Content posted on or otherwise accessible at or via the ChiroPlus Services including logos, all designs, text, graphics, pictures, and information. User will have a limited license (without the right to sub license) to view the Content for Your individual, non-commercial use only. Any copying, reproduction, retransmission, or republication of all, part, or any Content found on the ChiroPlus Service is expressly prohibited, unless ChiroPlus has expressly granted its prior written consent to so reproduce, retransmit, or republish the Content. ChiroPlus reserves all applicable rights regarding the Content. ChiroPlus may publish or transmit via the ChiroPlus Service any Content that is owned by third parties. ChiroPlus and its Licensors are the owners of their respective Intellectual Property found on the ChiroPlus services. Any reproduction, retransmission, or republication of all or part of any Content found on the ChiroPlus Website is expressly prohibited, unless the owner of the Content has expressly granted its prior written consent to reproduction, retransmission, or republishing the material.
2.2 Copyright Complaints
If the User believes that any Content on the ChiroPlus Website infringes on any copyright which User owns or controls, User or User’s designee acting on User’s behalf, may send a notification of such claimed infringement to ChiroPlus via info@ChiroPlus.com. Please include a description of the Content that is allegedly being infringed, and where on the ChiroPlus Service the Content may be found.
2.3 Content Availability
Once User’s healthcare provider has created Your User Account You will have access to the Content as directed by User’s healthcare provider, until the User Account is deactivated, or until the access assignment expires. User access to the Content will end upon deactivation. User will have to contact User’s healthcare provider to renew Your User Account to continue access to the Content. ChiroPlus retains the right to modify all Content as reasonably deemed necessary to ensure material is in line with best practices, as necessary to comply with any regulations or laws, and / or as necessary for ChiroPlus’ business purposes.
2.4 Termination
ChiroPlus reserves the right to terminate, block, or restrict Users access to or use of the ChiroPlus Service for any breach or violation of any Term(s) of this Agreement, solely at the discretion of ChiroPlus without notice. If you would like to request the deletion of Your User Account on the ChiroPlus Service, please contact ChiroPlus at info@ChiroPlus.com, and ChiroPlus will coordinate with User’s healthcare provider to resolve User’s request.
2.5 Equipment
User is responsible for obtaining and maintaining all computer hardware and software needed to access and use the ChiroPlus Service.
3. User Accounts
3.1 User Responsibilities
User is responsible for obtaining and maintaining all computer hardware and software needed to access and use the ChiroPlus Service.
3.2 Accounts and Passwords
By using the ChiroPlus Service, User acknowledges that User is of legal age to form a binding contract and is not a person barred from receiving services under the laws of the United States of America or other applicable jurisdictions. User agrees to provide accurate, current, and complete information concerning User when providing information to, signing up with, registering for use of, or otherwise providing information to the ChiroPlus Service and maintaining and promptly updating the registration data to keep it true, current, and complete. If User provides any information that is untrue, inaccurate, not current, or incomplete, or if ChiroPlus has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ChiroPlus has the right to suspend or terminate User’s access to the ChiroPlus Service and refuse any and all current or future use of the ChiroPlus Service, or any portion thereof. User must have User’s own password or Access Code to access the ChiroPlus Website. In the event that ChiroPlus discovers password sharing, ChiroPlus reserves the right to terminate or block User’s access to the ChiroPlus Service.User is responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device and computer. You agree to accept responsibility for all activities that occur under your account or password.
3.3 Linking to ChiroPlus
ChiroPlus may invite User to link to the ChiroPlus website. Linking to the ChiroPlus Website must not improperly note any affiliation with or an endorsement by ChiroPlus, or otherwise interfere with the operation of the ChiroPlus Service. Any links should open in a new browser window. User must not place ChiroPlus Service pages in a frame within the User's own website without explicit prior written permission from ChiroPlus. Although the ChiroPlus Service may include links providing direct access to other internet sites, ChiroPlus assumes no responsibilities for the Content of information contained on such sites and does not exert any editorial or control over other sites. ChiroPlus provides no warranties and explicitly disclaims any liability for any content or other information provided on other sites.
4. Disclaimers
4.1 General Disclaimer
The Content of the ChiroPlus Service (including all ChiroPlus intellectual property, text, materials, software, functions, services, and information made available or accessed on the ChiroPlus Service) is provided as is, without warranties of any kind, either expressed or implied, including without limitation warranties of suitability for a particular purpose. ChiroPlus does not warrant or guarantee uninterrupted access to the ChiroPlus Service, or any site linked to the ChiroPlus Service, and reserves the right to discontinue Content or to change the expiration date at any time. Under no circumstances will ChiroPlus be liable in any way for any Content, including without limitation any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the ChiroPlus Service, and ChiroPlus makes no guarantees that the Content will be accurate, current, or error free. User assumes full responsibility and risk of loss resulting from use of the ChiroPlus Service and any information on the ChiroPlus Service. ChiroPlus makes no guarantees about the suitability of any information and/ or its services for any purpose whatsoever. ChiroPlus may provide programs with exercises related to User’s condition that User can perform at home. As there is a risk of injury with any activity, use caution when performing such exercises. If You experience pain or discomfort immediately discontinue the exercises and contact Your healthcare provider. By voluntarily undertaking any exercise in a program provided by ChiroPlus, You agree that You assume the risk of any resulting injury. ChiroPlus will not be liable for any direct, indirect, consequential, special, exemplary, or other damages or losses that may result. It is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.
4.2 Use of Content
The information and Content provided on the ChiroPlus Service is for informational purposes only. ChiroPlus makes no warranties regarding, and bears no liability for, Your use of the information and content. Neither ChiroPlus nor any Licensor assumes responsibility for any loss or injury and/ or damage to persons or property arising out of the use of ChiroPlus Content. It is the responsibility of the treating practitioner, relying on independent expertise and knowledge of the patient, to determine the best treatment and method of application for the patient.
5. Limitation of Liability
In no event shall ChiroPlus, it's officers, members, affiliates, agents, licensors, employees, or internet service provider(s) (collectively, “Representatives”) be liable to You or to any third party for any direct, indirect, incidental, special, or consequential damages whatsoever, including without limitation lost revenue, lost or damage data, or other commercial or economic loss, whether based on contract tort including negligence, or any other theory of liability. The foregoing limitation shall apply even if ChiroPlus or its Representatives have been advised or should have known of the possibility of such damage. ChiroPlus’ total liability in any event is limited to the amount, if any, actually paid for use of the ChiroPlus Service, and You hereby release ChiroPlus and its Representatives from any and all obligations, liabilities, and claims in excess of this limitation.
6. Indemnification
You agree to indemnify, defend, and hold ChiroPlus and its Representatives harmless for any and all losses (including without limitation attorney's fees) resulting from any claims based on or relating to Your use, or the use of any individual using Your password, of the ChiroPlus Service. You further agree to indemnify and hold ChiroPlus and its Representatives harmless from any and all losses resulting from claims of third parties, including without limitation attorney's fees, that result in whole or in part from violations by You, or any individual using your User Account, user profile, or any of the terms of this Agreement.
7. Disputes
This Agreement shall be governed by the laws of the state of Delaware. In the event that litigation results from or arises out of the Agreement or the performance thereof, both parties agree to arbitration with a single arbitrator qualified by the American Arbitration Association. The parties agree to reimburse the prevailing party's reasonable attorneys’ fees, arbitration costs, and all other expenses, whether or not taxable by the arbitrator as costs, in addition to or any other relief to which the prevailing party may be entitled.
8. Miscellaneous
8.1 Assignability
This Agreement is personal to You, and You may not assign this Agreement or the rights and obligations thereunder to any third party or person.
8.2 Agreement Binding on Successors
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their permitted heirs, administrators, successors, and assigns.
8.3 Waiver
No waiver by either Party or any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
8.4 Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
8.5 Survivability
The ownership and intellectual property rights and license provisions set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement and any obligations here under for any reason.