| |
Welcome to the ChiroFind.com web site (the "Site"), provided
by Maxwell Petersen Associates, Inc. ("MPA") doing business
as ChiroFind.com (" ChiroFind"). This Agreement contains the
terms and conditions upon which you ("you," or "the user")
may access the valuable information and services available
through the Site. By entering this site and viewing its contents,
you indicate that you understand and intend this Agreement
to be the legal equivalent of a signed, written contract,
and equally binding. If you do not agree with the terms in
this Agreement you will exit the Site.
1. Grant of License.
This Agreement provides you with a personal, revocable, nonexclusive,
non-transferable license to use the Site, conditioned on your
continued compliance with the terms and conditions of this
Agreement.
2. Nature of Service.
ChiroFind.com is the leading Web-based chiropractic oriented
health information resource for the distribution of free healthcare
provider and chiropractic-related information. You can also
purchase health-related products and services from third party
vendors ("Third Party Vendors") through links on the Site.
3. No Recommendations or Medical Advice.
ChiroFind is not a medical referral service, and does not
recommend or endorse any particular Health Care Provider or
medical service of any kind. ChiroFind does not offer advice
regarding the quality or suitability of any particular Health
Care Provider for chiropractic care, medical treatment or
for any health condition, and no information on the Site should
be construed as health or medical advice. MPA EXPRESSLY DISCLAIMS
ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF
OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN
AS A REFERENCE SOURCE, AND FOR ANY ADVICE, TREATMENT, OR SERVICES
RENDERED BY ANY HEALTH CARE PROVIDER FEATURED ON THE SITE.
4. Health Care Provider / Patient Relationship.
You acknowledge and agree that ChiroFind is only an intermediary
that provides selected Health Care Provider information to
patients and potential patients. You agree to assume all responsibility
in connection with choosing any Health Care Provider, whether
or not you obtained information about such Health Care Provider
through the Site. MPA assumes no responsibility or liability
for any claims that may result directly or indirectly from
the Health Care Provider / patient relationship, including
but not limited to malpractice claims.
5. Intellectual Property Rights.
All materials contained in the Site are protected by law,
including but not limited to United States copyright, trade
secret, and trademark law, as well as other state, national,
and international laws and regulations. The contents of and
all materials distributed in conjunction with the Site, including
the graphical display of any Health Care Provider information,
are copyright (c) 2000 by ChiroFind.com and/or its suppliers
with all rights reserved. ChiroFind.com also owns a copyright
on the Site as a collective work and/or compilation, and in
the selection, coordination, arrangement, and enhancement
of such content. Republication or citation of any Health Care
Provider information or any other content generated by the
Site without ChiroFind's written consent is expressly prohibited.
You agree not to copy, modify, adapt, reproduce, translate,
distribute, transmit, reverse engineer, decompile, or dissemble
any aspect of the Site, with the following exception: You
may display, print, and store one electronic copy of content
provided by ChiroFind for your personal use. You may not,
without ChiroFind's written permission, "mirror" or "frame"
any material contained on this Site. ChiroFind.com(tm), Dynamic
Chiropractic, ChiroExpo, ChiroDeals, ChiroEvents, ChiroMart,
ChiroMall, TheWellnessMall and all other names, logos, and
icons identifying MPA's products and services are proprietary
marks of MPA, Inc., and any use of such marks without the
express written permission of MPA is strictly prohibited (including
without limitation use of such marks in connection with republication
or citation of the rankings contained in the Site). Unauthorized
use of any material contained on this Site may violate copyright
laws, trademark laws, trade secret laws, the laws of privacy
and publicity, and communications regulations and statutes.
Please be aware that MPA actively and aggressively enforces
its intellectual property rights to the fullest extent of
the law.
6. Proprietary Rights in Databases.
The databases containing health care provider information
(the "Databases") constitute valuable proprietary compilations
owned by ChiroFind, which are protected by state, federal,
and international law, including, without limitation, copyright
and trade secret laws, provided, however, that ChiroFind claims
no rights in unaltered government data. In consideration for
being granted limited access to this information, you agree
that you will not, directly or indirectly, use any of the
Databases for any other purpose other than evaluating health
care providers for the provision of health care related services.
Further, you agree that you will not, directly or indirectly,
use it (i) to compile mailing lists or other lists of health
care providers for commercial purposes; (ii) to establish
independent data files or compendiums of statistical information;
(iii) in violation of local, state, national, or international
laws and regulations, or (iv) to generate or download more
than ten (10) reports in any given day, without prior written
authorization from ChiroFind. Other terms of use may be available,
but only with the express written permission of ChiroFind;
please e-mail us at list@dcmedia.com to receive additional
information about the possibility of alternative custom arrangements.
7. Links to Other Sites.
ChiroFind may provide links, in its sole discretion, to other
sites on the World Wide Web for the convenience of users in
locating health, and health care-related products, information
and services. These sites have not been reviewed by ChiroFind
and are maintained by third parties over which ChiroFind exercises
no control, and accordingly ChiroFind expressly disclaims
any responsibility for the content, the accuracy of the information,
and/or quality of products or services provided by or advertised
on these third party Web sites. Moreover, these links do not
imply, directly or indirectly, endorsement by or affiliation
with any third party or any web site, products, or services
provided by any third party.
8. Advertisers on this Site.
ChiroFind, in its sole discretion, may post the advertisements
of third parties on this Site. Your correspondence or dealings
with advertisers found on this Site are solely between you
and such advertiser. You agree that ChiroFind shall not be
responsible for any loss or damage of any sort incurred as
a result of any such dealings or as the result of the presence
of such advertisers on this Site. Moreover, ChiroFind shall
not be responsible or liable for the statements or conduct
of any third party on this Site, including but not limited
to advertisers.
9. Transactions with Third Parties.
This Site allows you to purchase products and services directly
from third party vendors ("Third Party Vendors") through links
on the Site. ChiroFind is not a party to any transaction between
you and any Third Party Vendor. By using the Site, you acknowledge
and agree that ChiroFind and its affiliates shall have no
liability for any cost, damage or harm arising directly or
indirectly from (i) any products or services ordered through
the Site (including, without limitation, delivery (or failure
to deliver), quality, performance, compatibility, and suitability
for a particular purpose), and (ii) any action or inaction
of any Third Party Vendor. ChiroFind makes no warranties or
representations whatsoever regarding any product or service
provided or offered by any Third Party Vendor and you acknowledge
that any reliance on representations and warranties provided
by any Third Party Vendor shall be at your own risk. CHIROFIND
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING
GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY VENDORS AND
YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY VENDORS FOR ALL
CLAIMS REGARDING SUCH GOODS AND SERVICES.
10. Payments to Third Parties.
Payment for products and services offered by Third Party Vendors
on this Site can be made either via the Internet (either by
transmitting credit card information via the Internet and/or
electronic funds transfer), or by other methods. You agree
that ChiroFind cannot guarantee that any form of payment via
the Internet is secure or that a third party will not be able
to access or intercept such payment information. If you have
concerns about payment via the Internet, you should use an
alternative means of payment. You acknowledge and agree that
ChiroFind will have no liability for failure of any electronic
payment system offered by Third Party Vendors accessible through
the Site
11. Third Party Content.
Certain materials from Third Party Vendors and IIPs including
but not limited to health care information, product reviews,
news, data, research, analysis, and opinions, may be made
available as part of the Site or through links from the Site.
As a general matter, the Third Party Vendors and IIPs have
represented to ChiroFind that they obtained such information
from sources believed by them to be reliable. ChiroFind makes
no representation with respect to, nor does it guarantee or
endorse the accuracy, completeness, timeliness, reliability,
or correct sequencing of, such Third Party Vendor or IIP content.
Likewise, ChiroFind does not endorse, oppose, or edit any
opinion or analysis expressed by a Third Party Vendor or an
IIP. ChiroFind expressly disclaims responsibility and liability
for Third Party Vendor and IIP provided materials.
12. Our Privacy Policy.
ChiroFind considers protecting a user's personal data to be
important, and has developed a Privacy Policy outlining ChiroFind's
personal data collection and use practices, which is incorporated
by reference as if set forth in its entirety herein. Please
refer to it for complete information.
13. Permission to Use of Your Submissions.
By transmitting or posting any suggestions, information, material,
or other content (collectively, "content") to ChiroFind, you
automatically grant ChiroFind the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, redistribute, transmit, perform and display
such content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known
or later developed for the full term of any rights that may
exist in such content. Further, ChiroFind is free to use any
ideas, concepts, know-how, techniques, and suggestions (collectively,
"information") contained in any communications you send to
this Site for any purpose whatsoever, including but not limited
to creating, manufacturing, and marketing products and/or
services using such information.
14. Confidentiality on Internet.
Use of the Internet is solely at your own risk and is subject
to all applicable local, state, national, and international
laws and regulations. While ChiroFind has endeavored to create
a secure and reliable Site, please be advised that the confidentiality
of any communication or material transmitted to ChiroFind
over the Internet cannot be guaranteed. Consequently, ChiroFind
and its affiliates are not responsible for the security of
any information transmitted via the Internet, the accuracy
of the information contained on the Site, or for the consequences
of any reliance on such information. You must make your own
determination as to these matters. To ensure private and personalized
attention, you can write to ChiroFind at: ChiroFind, PO Box
6100, Huntington Beach, California 92615.
15. Security of Site.
Actual or attempted unauthorized use of the Site may result
in criminal and/or civil prosecution. For your protection,
ChiroFind reserves the right to view, monitor, and record
activity on the Site without notice or permission from you.
Any information obtained by monitoring, reviewing, or recording
may be subject to review by law enforcement organizations
in connection with investigation or prosecution of possible
criminal activity on the Site. ChiroFind will also comply
with all court orders involving requests for such information.
16. Events Beyond ChiroFind's Control.
ChiroFind and its affiliates will not be liable for any loss
resulting from a cause over which they do not have direct
control, including but not limited to failure of electronic
or mechanical equipment or communication lines, telephone
or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes,
or natural disasters, strikes or other labor problems, wars,
or governmental restrictions.
17. Changes in Service.
While ChiroFind endeavors to provide the most accurate, up
to date information available, the Databases and materials
on the Site may contain technical inaccuracies or typographical
errors, and may be changed or updated without notice; ChiroFind
will not be liable or responsible for any such inaccuracies,
errors, changes, or updates. ChiroFind also reserves the right
to change and/or discontinue its currently provided services
at any time, for any reason.
18. LIMITATION OF LIABILITY AND WARRANTY.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER CHIROFIND
NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF
OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO
THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE,
AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
CHIROFIND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
REGARDING SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD PARTY
HEALTH CARE PROVIDERS AND THIRD PARTY VENDORS, AND YOU AGREE
TO LOOK SOLELY TO SUCH THIRD PARTY HEALTH CARE PROVIDERS AND
THIRD PARTY VENDORS FOR ANY AND ALL CLAIMS ARISING OUT OF
SUCH AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED BY SUCH PARTIES.
THE CHIROFIND SITE IS PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR
RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ChiroFind
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, THAT USING THE DATABASES OR THE SITE WILL ASSIST
YOU IN ANY WAY, WHETHER TO LOCATE A SUITABLE HEALTH CARE PROVIDER
OR FOR ANY OTHER PURPOSE. CHIROFIND DOES NOT WARRANT OR REPRESENT
THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE INFORMATION
ON THE SITE OR IN THE DATABASES IS ACCURATE AND COMPLETE.
NEITHER CHIROFIND NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS,
REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS,
SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED
TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE,
DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE)
ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED
ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED
AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE
SITE, EVEN IF CHIROFIND HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING,
THE TOTAL LIABILITY OF CHIROFIND (AND THE PARTIES REFERENCED
ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING
DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER
SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 18 WILL APPLY
TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED
IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED
AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH
THE SITE.
19. Indemnity.
You agree to defend, indemnify, and hold harmless MPA, Inc.
and its affiliates and all of their respective employees,
agents, directors, officers, employees, proprietors, partners,
representatives, shareholders, servants, attorneys, predecessors,
successors, and assigns, from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs,
and expenses (including reasonable attorneys' fees and litigation
expenses), relating to or arising from your use of the Site,
any arrangements you make based on information obtained at
the Site, any products or services obtained through the Site,
and any breach by you of this Agreement.
20. Term and Termination.
This Agreement will take effect at the time you enter and
begin using the Site. ChiroFind reserves the right at any
time to deny you access to the Site or any portion thereof,
and to terminate this Agreement.
21. Governing Law.
This Agreement has been made in and will be construed and
enforced in accordance with California law, as applied to
agreements entered into and completely performed in California.
Any action to enforce this Agreement will be brought in the
federal or state courts presiding in Orange Country, California
U.S.A., and both parties expressly agree to be subject to
the jurisdiction of such courts. This Site is controlled and
operated by ChiroFind from its offices within the United States.
ChiroFind makes no representation that materials in the Site
are appropriate or available for use in other locations, and
access to them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other
locations do so on their own volition and are responsible
for compliance with applicable local laws.
22. Miscellaneous.
The provisions of Sections 3-6 and 13-22 of this Agreement
will survive the termination of this Agreement. Failure to
insist on strict performance of any term of this Agreement
will not operate as a waiver of any subsequent default or
failure of performance. No waiver of any term of this Agreement
will be valid unless in writing and acknowledged in writing
or electronically by both parties. If any portion of this
Agreement is adjudged invalid or unenforceable by a court
of competent jurisdiction, the remaining portions will remain
valid, enforceable, and carried into effect. No joint venture,
partnership, employment, or agency relationship exists between
you and ChiroFind as a result of this Agreement or your use
of the Site. Any rights not expressly granted herein are reserved.
This Agreement, ChiroFind's Privacy Policy and other policy
agreements listed on specific sections of this Site constitute
the entire agreement between you and ChiroFind with respect
to your use of the Site, and shall supersede any and all prior
understandings or agreements between the parties, whether
written or oral.
You represent that you have read this Agreement, understand
its terms, and agree and intend to be legally bound by it.
You acknowledge that, in providing you access to and use of
the Site, ChiroFind has relied on your agreement to be bound
by the terms of this Agreement.
|
