TERMS OF USE OF CHIRO ONE WELLNESS CENTERS, LLC

CONTENT, AS DEFINED HEREIN, IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION APPEARING ON OUR WEBSITES IS STRICTLY AT YOUR OWN RISK.

1. INTRODUCTION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITES.

These Terms of Use and the Privacy Policy apply to all websites of Chiro One Wellness Centers, LLC and its affiliates (collectively “Chiro One,” “we,” “us,” or “our”), including, without limitation, www.chiroone.net.  By visiting any of our websites, you are accepting these Terms of Use and the Privacy Policy, including any amendments which may be made from time to time without notice to you other than an updated posting on our websites.  Any such amendment to these Terms of Use will be effective ten (10) calendar days following our posting of notice of the changes on our websites and shall apply to all stored data if you do not object in writing to us at the address below within such ten-day period.  If you do not agree to these Terms of Use or Privacy Policy, or any revisions to them, do not use our websites.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of our websites and receipt of data, materials, and information available at or through our websites, the possibility of our use or display of your Submissions (as defined below) and the possibility of publicity and promotion from our use or display of your Submissions.

2. USE OF CONTENT

All information, materials, functions and other content (including Submissions, as defined in Section 3 below)("Content") contained on our websites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the websites or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from our websites may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our websites, except that where our websites are configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of our websites is prohibited.

3. SUBMISSIONS

In these Terms of Use, we use the word "Submissions" to mean text, messages, suggestions, stories, testimonials, photographs, videos, audiovisual works, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through any of our websites.

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.

Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submissions.

4. LICENSES AND REPRESENTATIONS

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on our websites, on third party websites, on our broadband and wireless platforms, products and services, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 below) and other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use (including the Submissions License). These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that we solicit Submissions through features or activities on or through our websites (including chiropractic “success stories,” games, sweepstakes, contests, promotions and Public Forums (defined in Section 6 below) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or to do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

5. ACCOUNTS

Some services on our websites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at websupport@chiroone.net of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of our websites. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use any of our websites or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

6. PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, website or feature which may be offered as part of our websites that offers the opportunity for users to Distribute Submissions for viewing by one or more websites users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through our websites or otherwise by you or under your username in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

7. RULES OF CONDUCT

The following Rules of Conduct apply to our websites. By using our websites, you agree that you will not Distribute any Submission that:

(a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

(b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

(c) infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights;

(b) right of privacy (specifically, you must not distribute another person's personal information of any kind without his/her express permission) or publicity; or (c) any confidentiality obligation;

(d) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

(e) contains a virus or other harmful component, or otherwise tampers with, impairs or damages our websites or any connected network, or otherwise interferes with any person or entity's use or enjoyment of our websites; or

(f) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

8. COOPERATION; REMOVAL OF SUBMISSIONS

We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from our websites that violates these Terms of Use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use (including the Rules of Conduct) and/or protect the safety or security of any person or property, including our websites. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

9. CONTENT ACCESSIBLE THROUGH LINKS FROM OUR WEBSITES

You should be aware that when you are on our websites, there may be links to other websites that take you outside of our service to websites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the websites you are taken to are not controlled by us; different terms of use and privacy policies may apply, and we are not responsible for such websites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from third-party websites that link to or from our websites or third-party Content contained on our websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.  We cannot be held responsible for the accuracy, relevance, legality or decency of material contained on websites retrieved in searches and/or listed in search results or identified on search results pages.

10. DISCLAIMERS

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR WEBSITES OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO OR FROM OUR WEBSITES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

FURTHERMORE, THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. RELIANCE ON ANY INFORMATION APPEARING ON OUR WEBSITES IS STRICTLY AT YOUR OWN RISK.

OUR WEBSITES MAY CONTAIN THE OPINIONS AND VIEWS OF OTHER USERS. GIVEN THE INTERACTIVE NATURE OF THESE WEBSITES, WE CANNOT ENDORSE, GUARANTEE, OR BE RESPONSIBLE FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT GENERATED BY OUR USERS.

THE CONTENT OF OUR WEBSITES IS INTENDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. SUCH CONTENT IS NOT INTENDED TO, AND DOES NOT, CONSTITUTE LEGAL, MEDICAL OR HEALTHCARE, OR OTHER PROFESSIONAL ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED IN, OR ACCESSIBLE THROUGH, OUR WEBSITES WITHOUT SEEKING THE APPROPRIATE LEGAL, MEDICAL OR HEALTHCARE, OR OTHER PROFESSIONAL ADVICE ON THE PARTICULAR FACTS AND CIRCUMSTANCES AT ISSUE.

11. INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s).  You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, managers, members, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of our websites. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, OUR WEBSITES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $100 FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR WEBSITES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.  WE MAY TERMINATE YOUR FURTHER ACCESS TO OUR WEBSITES OR CHANGE OUR WEBSITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these Terms of Use or our websites shall be filed, and that venue properly lies, only in state or federal courts located in DuPage County, Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on our websites is appropriate or available for use in any particular location. Those who choose to access our websites do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

14. AMENDMENT

At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these Terms of Use, we will notify you of such amendment by posting notice of such amendment on our websites to which these Terms of Use apply. Any such amendment to these Terms of Use will be effective ten (10) calendar days following our posting of notice of the changes on our websites and shall apply to all stored data if you do not object in writing to us at the address below within such ten-day period.

15. PRIVACY POLICY

Our Privacy Policy is hereby incorporated into these Terms of Use.

16. GENERAL PROVISIONS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR OUR WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

17. CONTACT INFORMATION

You may contact us at:
Webmaster
Chiro One Wellness Centers, LLC
2625 Butterfield Road, Suite 301N
Oak Brook, IL  60523
websupport@chiroone.net