A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the ChiroSpring Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ChiroSpring to locate the material on the ChiroSpring Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ChiroSpring a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the ChiroSpring Service should be sent to ChiroSpring support. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
13. Suggestions and Submissions Do not send us your ideas for a new business or functionality. If you do, we can use them without compensating you. ChiroSpring appreciates hearing from its users and welcomes your comments regarding the ChiroSpring Service. Please be advised, however, that ChiroSpring does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While ChiroSpring values your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send ChiroSpring creative ideas, ChiroSpring shall:
own, exclusively, all now known or later discovered rights to the creative ideas;
not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
14. User Content Disclaimers, Limitations, and Prohibitions We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. By using the ChiroSpring Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You are solely responsible for Your User Content on the ChiroSpring Service. ChiroSpring does not endorse any, nor is it responsible for, User Content on the ChiroSpring Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. Do not do bad things with the ChiroSpring Service, try to break it, or steal our hard work. You agree to use the ChiroSpring Service only for its intended purpose and in an authorized manner. You must use the ChiroSpring Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the ChiroSpring Service are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the ChiroSpring Service, user accounts, or the technology and equipment supporting the ChiroSpring Service;
frame or link to the ChiroSpring Service without permission;
use data mining, robots, or other data gathering devices on or through the ChiroSpring Service, unless specifically allowed by these Terms;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the ChiroSpring Service to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the ChiroSpring Service in an illegal way or to commit an illegal act in relation to the ChiroSpring Service or that otherwise results in fines, penalties, and other liability to ChiroSpring or others; or
access the ChiroSpring Service from a jurisdiction where it is illegal or unauthorized.
15. Consequences of Violating These Terms If you do not act acceptably, we may refuse to provide the ChiroSpring Service to you. We reserve the right to suspend or terminate your account and prevent access to the ChiroSpring Service for any reason, at our discretion. We reserve the right to refuse to provide the ChiroSpring Service to you in the future. We may review and remove any User Content at any time for any reason, including for activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the ChiroSpring Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the ChiroSpring Service. 16. ChiroSpring’s Liability We are not liable for anything our users do when using the ChiroSpring Service. We may also change the ChiroSpring Service at any time and are not liable for how this may affect you. We don’t guarantee the quality or accuracy of any content you view using the ChiroSpring Service or other websites. Changes to the ChiroSpring Service. We may change, suspend, or discontinue any aspect of the ChiroSpring Service at any time, including hours of operation or availability of the ChiroSpring Service or any feature, without notice or liability. User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the ChiroSpring Service, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the ChiroSpring Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release ChiroSpring of all claims, demands, and damages in disputes among users of the ChiroSpring Service. You also agree not to involve us in such disputes. Use caution and common sense when using the ChiroSpring Service. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the ChiroSpring Service, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through the ChiroSpring Service. Use the ChiroSpring Service at your own risk. We make no promises and disclaim all liability of specific results from the use of the ChiroSpring Service. Released Parties Defined. “Released Parties” include ChiroSpring and our affiliates, officers, employees, agents, partners, and licensors. A. DISCLAIMER OF WARRANTIES You use the ChiroSpring Service at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE CHIROSPRING SERVICE IS AT YOUR SOLE RISK, AND THE CHIROSPRING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE CHIROSPRING SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE CHIROSPRING SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE CHIROSPRING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CHIROSPRING SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE CHIROSPRING SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE CHIROSPRING CURRENCY HAS ANY VALUE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHIROSPRING SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. B. LIMITATION OF LIABILITY AND INDEMNIFICATION We are not liable for anything that happens to you that somehow may be connected to your use of the ChiroSpring Service. If you use the ChiroSpring Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHIROSPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CHIROSPRING SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE CHIROSPRING SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE CHIROSPRING SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE CHIROSPRING SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CHIROSPRING SERVICE OR YOUR USE OF CHIROSPRING CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any ChiroSpring Content or the use of the ChiroSpring Service, (iii) any activity on the ChiroSpring Service under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding. 17. General Terms These Terms constitute the entire agreement between you and ChiroSpring concerning your use of the ChiroSpring Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. 18. Arbitration, Class Waiver, and Waiver of Jury Trial We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the ChiroSpring Service. These Terms and the relationship between you and ChiroSpring shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and ChiroSpring agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the ChiroSpring Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara county in the state of California. You covenant not to sue ChiroSpring in any other forum. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED. 19. Chargebacks The ChiroSpring Service may integrate with a third-party payment processor(s) (each, a “Payment Processor”) that process third party credit card payments on your behalf through your account on the ChiroSpring Service (the “Payments”). If a chargeback occurs with respect to any Payments processed on your behalf (a “Chargeback”), then you agree that, as between you and ChiroSpring, you will be solely responsible for the amount of the disputed Payment and any additional fees or penalties which are charged by the Payment Processor (collectively, the “Chargeback Amount”). ChiroSpring will use reasonable efforts to notify you if a Payment Processor notifies ChiroSpring that a Chargeback has occurred, and you agree to assist ChiroSpring as necessary to investigate and resolve the Chargeback. In the event that a Chargeback occurs and ChiroSpring pays any Chargeback Amounts to the Payment Processor that is attributable to Payments processed on your behalf, you further agree to pay to ChiroSpring any Chargeback Amount associated with such Chargeback, and hereby authorize ChiroSpring to charge the balance of such Chargeback Amount to your default payment method, plus a $15 service fee (the “Service Fee”). If a Chargeback is resolved in your favor and the Payment Processor gives ChiroSpring a credit for some or all of the Chargeback Amount, then ChiroSpring shall refund to you such credited amounts. The Service Fee is non-refundable. In the event that you request a refund of any Payments, you will be responsible for any and all credit card or third party processing fees. For the avoidance of doubt, such credit card and/or third party processing fees shall not be refundable to you if you request a refund of any Payments.
when you use the ChiroSpring Service;
from your health service provider;
from third parties when you or your health service provider directs us to gather information from them; and
when you communicate with us.
We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the ChiroSpring Service. The ChiroSpring Website. You may visit the websites of ChiroSpring without revealing any Personal Information. However, in some instances, ChiroSpring may require certain Personal Information, such as business contact information, so we can respond to your inquiries or provide you with requested information. The ChiroSpring Service. The ChiroSpring Service may collect information, including Personal Information and health information, about you in three ways: (1) from you directly, (2) from a health service provider, or (3) from a third party as directed by you or a health service provider. Directly from Users. There are several ways you can submit data to the ChiroSpring Service. For example, you can:
type information into the ChiroSpring Service (examples: registering, updating your profile, sending a message to your provider, scheduling an appointment);
upload an image, a document, or any other data; or
when you provide feedback to help ChiroSpring improve its operations. You should exercise care in selecting the information that you share in a survey or feedback communication. We strongly recommend against providing ChiroSpring any personal health or other sensitive information that could be traced to you or any other individual.
Making Payments. When you make payments through the ChiroSpring Service, you may need to provide financial account information, such as your credit card number, to our third-party service providers. Customer Support. We may collect Personal Information through your communications with our customer-support team. Cookies, Automatic Data Collection, and Related Technologies. ChiroSpring and our third-party partners, such as analytics service providers, may automatically receive and record certain non-Personal Information from users using cookies, web beacons, server logs and other similar tools. For example, ChiroSpring may collect information about how you visit and navigate through the ChiroSpring Service, when you click on a link or open a web page, use certain elements of the ChiroSpring Service, or open an email sent by ChiroSpring. ChiroSpring may use this information to provide certain functionality, improve the tools and services, and monitor the use of the tools and services. For example, we use these tools to save user preferences, preserve session settings and activity, help authenticate users, allow users to auto-fill sign-in pages of websites they frequently visit, and debug and evaluate the performance of the ChiroSpring Service. Our partners also may collect such information about your online activities over time and on other websites or apps. You may be able to change browser settings to block and delete cookies when you access the ChiroSpring Service through a web browser. However, if you do that, the ChiroSpring Service may not work properly. 1. Use of personal information We use Personal Information to:
facilitate and improve our services, as permitted by our agreements with health service providers and applicable law; and communicate with you. We may use anonymized and aggregate information for business purpose. Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the ChiroSpring Service. We may use and retain any data we collect to provide and improve our services. For example, we may use Personal Information for the following purposes:
maintaining and operating the ChiroSpring Service (this may include registering you, processing payments, or providing you with customer support);
making announcements about features, terms, policies, or other aspects of the ChiroSpring Service;
responding to questions and communications, which we retain in the ordinary course of business; and
protecting the ChiroSpring Service, the information it protects, the rights of third parties and in response to legal process (more fully discussed below).
with our third-party vendors and service providers;
with your health service provider and, at your direction, to others;
to comply with legal obligations;
to protect and defend our rights and property; and
with your permission.
We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their direct marketing purposes, unless we have your permission. 6. We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the ChiroSpring Service. When protected health information is shared, such vendors and service providers will be bound by appropriate confidentiality and security obligations which include business associate contract obligations as required by HIPAA. 7. Displaying or Disclosing to Health Service Providers and Others. The content you provide to the ChiroSpring Service may be displayed on the ChiroSpring Service or disclosed to others at your direction. Your health service provider (including his or her staff) will have access to your account information, including your Personal Information. However, your health service provider will not have access to any payment information, such as your credit card number, through the ChiroSpring Service. Your provider may: (i) receive and store your account information; (ii) change your password; (iii) restrict your ability to submit, delete or edit information; (iv) suspend or terminate your account access or (v) access or retain any information you provide or otherwise store as part of your account for any purposes required or permitted under applicable law. When you contact or schedule an appointment with a health service provider, the provider will need your name, contact information, as well as other information. You may also be permitted to share the content of your health records with others. We are not responsible for the privacy practices of the others who will view and use the information you disclose to others. 8. Marketing. We do not rent, sell, or share Personal Information about you with other people or non-affiliated companies for their direct marketing purposes, unless we have your permission. 9. As Required By Law and Similar Disclosures. We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our, or others’ rights, property, or safety.
10. Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
13. Account Deactivation. If you desire to deactivate your account please have your provider contact us. Upon receiving such a request, ChiroSpring will deactivate your account and archive your Personal Information, including any health information.