Revised 05/26/2023
ChiroUp Essentials Terms of Use (“Agreement”)
Please read these Terms of Use and Waiver Agreement completely. This Agreement documents the legally binding terms and conditions attached to the use of the websites ChiroUp.com and HealthCom.io. All references to “the website” or “the websites” mean ChiroUp.com and HealthCom.io. All references to “ChiroUp.com” mean both ChiroUp.com and ChiroUp.com d/b/a HealthCom.io.
1. General Terms
By accessing this website, regardless of whether you are a subscribing member, you are agreeing to be bound by this website's Terms of Use and Waiver, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from accessing or in any way using this site.
2. Additional Terms of Subscription
I. Monthly Subscription: ChiroUp.com may offer a limited 14-day “free trial” of the service. The ChiroUp.com “free trial” does not automatically bill a user after the 14-day trial period has ended. A user must purchase a monthly subscription plan to continue to use the service after the 14-day trial has ended. Alternatively, ChiroUp may occasionally offer “seminar specials” or promotional discounts. In such cases, new users who provide a recurring payment method will be considered a subscriber, and they may receive their first month free of charge. Regardless of whether a specific promotion was used to initiate and purchase a monthly subscription, the user agrees to an initial and recurring monthly subscription fee at the then-current monthly subscription rate based on the plan selected, plus sales tax, if sales tax is legally required to be collected by your state. ChiroUp also holds the right to charge a credit card processing fee. The user accepts responsibility for all recurring charges until a user cancels the subscription. A user may cancel their monthly subscription at any time, subject to the terms of the ChiroUp.com cancellation policy.
II. Automatic Monthly Renewal Terms: Once a user subscribes to a paying plan, ChiroUp will automatically process a monthly subscription fee. ChiroUp will continue to automatically process a monthly subscription fee each month at the then-current monthly subscription rate based on the plan subscribed to until a user cancels the subscription. Sales tax may be applied to automatic monthly subscription renewals, depending on your state's tax collection laws. In addition, ChiroUp holds the right to apply a credit card processing fee to an automatic monthly subscription if a credit card is the selected payment method. Subscribers will receive a purchase confirmation email upon signing up with their rate details. By accepting the terms of use, users agree to the subscription rate parameters in the purchase confirmation receipt. By agreeing to the terms of use, you are agreeing to any promotional parameters, including the discounted rate and the date of a rate increase when the promotional period ends. Subscription promotional rates are subject to their own terms, and ChiroUp holds the right to change or expire promotional rates at its own discretion.
III. Cancellation Policy: In the event that a subscriber would like to cancel their subscription, they must inform ChiroUp.com of their intention to cancel their subscription at least one (1) business day before the next scheduled payment in their billing period to avoid being charged for the following month. Your subscription can be cancelled anytime in the “Billing” section of your ChiroUp.com account or by emailing support@chiroup.com. ChiroUp.com is not responsible for cancellation requests submitted via any other means, including but not limited to verbal discussions, phone calls, chat wizards, message boxes, etc.
Subscription fees for future months will cease upon notification of a subscriber's intent to cancel. A user will not receive a refund for the current billing period if more than one (1) business day elapsed since the renewal of the subscription. Cancellations are effective at the end of the current billing period, and users will continue to have the same access and benefits of the subscription for the remainder of the current billing period. ChiroUp.com does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew after each paid subscription period ends.
If cancelling during a promotional period, please do so at least one (1) business day prior to the ending date and time of the promotional period. If you experience any issues cancelling your subscription, please notify us at support@chiroup.com with “Cancellation Request” in the subject line. Users who cancel a subscription or discontinue the free trial will remain bound by all applicable Terms of Use, including but not limited to the prohibition against the use of ChiroUp.com forms or other resources of any kind.
ChiroUp is free to terminate (or suspend access to) the use of a subscription or account for any reason at our discretion, including a breach of our Terms of Use. ChiroUp has the sole right to decide whether a user is in violation of any of the restrictions outlined in these Terms. Users will not be entitled to a refund in these circumstances. ChiroUp is not responsible for issuing a refund if the subscription was not used. ChiroUp reserves the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
IV. Other Terms: ChiroUp.com subscriptions may not be transferred at any time. ChiroUp subscribers agree in the event of a service interruption to the website due solely to the negligence of the website and lasting 24 hours or longer, and only in such event, fees will be prorated. The user acknowledges that in using the website and materials, ChiroUp.com may use automatic means (including, for example, cookies and beacons) to collect information about a user’s use of the website and materials. A user may also be required to provide certain information about oneself as a condition to using the website or certain features and functionality, and the website may provide you with opportunities to share information about yourself with others. All information collected by ChiroUp.com through or in connection with this website is subject to the ChiroUp.com Privacy Policy. By downloading, installing, using, and providing information to or through this website, the user consents to all actions taken by ChiroUp.com with respect to the user’s information in compliance with the Privacy Policy. A single ChiroUp subscription limits the use of the product to one physical location. Use at each additional physical location requires an additional separate paid subscription.
A single ChiroUp subscription grants the right of use of the product to only one physical clinic location. The utilization of the product at any additional physical clinic locations necessitates the acquisition of separate, individually paid subscriptions. Subscribers who utilize the service at a greater number authorized by their subscription will be held responsible for a retroactive payment of $149.00 USD per month, per additional location, billed retroactively to include the first month of utilization and all months thereafter.
3. Intellectual Property Rights
The websites and all of their original content are the sole property of ChiroUp.com and are, as such, fully protected by any and all applicable national and international copyright and other intellectual property rights laws. Permission is granted to ChiroUp subscribing members to use materials on the site for non-commercial purposes, including treatment of patients and patient education. Permission is also granted to ChiroUp.com subscribing members to use materials on the site for practice management purposes pertaining to the subscribing member’s own practice, including marketing the member’s practice and the preparation of forms and manuals for the practice. This is the grant of a license, not a transfer of title, and under this license you may not, without express, prior written permission from ChiroUp.com: modify or copy the materials; use the materials for any other commercial purpose, or for any public display (commercial or non-commercial); reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the website or any part thereof; remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the website; remove any copyright or other proprietary notations from the materials or any copies thereof; sell the materials; or “mirror” the materials on any other server or in any hard copy format other than as described herein. ChiroUp.com deems this Agreement to constitute written permission to allow ChiroUp.com subscriber providers to provide copies of website information to patients for purposes of demonstration, education and assistance, conditioned on the patient’s agreement to abide by the Terms of Use and Waiver under this Agreement. The license for use may automatically terminate if you violate any of these restrictions and may be terminated by ChiroUp.com at any time. ChiroUp.com members agree that they will use ChiroUp.com’s proprietary materials only during the time they are members, and that they will immediately cease and desist the use of ChiroUp.com proprietary materials when their membership terminates. Upon terminating your viewing of these materials or upon the termination of this license, you agree to destroy any downloaded materials in your possession, whether in electronic or printed format. ChiroUp.com reserves and shall retain its entire right, title, and interest in and to the website and materials, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to a user under this agreement.
4. Compliance With Law; Chat Room
All users agree, whether or not they are subscriber members, to comply with all state, federal, and local laws, including, but not limited to, antitrust laws. Users will not post comments encouraging price fixing, boycotts, or any unfair trade practices of any kind. Users agree to use good judgment by posting only respectful, constructive comments. Users agree that the websites cannot monitor all comments at all times and are not responsible for the statements of third parties. Users agree and acknowledge that the websites may remove, without prior notice and in their sole discretion, any posts they deem to be inappropriate. Users agree to release and waive any intellectual property claim, including copyright infringement, arising from the Users’ posting of material to the site. Users also acknowledge and agree that chiropractic scope of practice laws vary from state to state. The websites, by making information available, make no representations whatsoever regarding scope of practice, nor do the websites assume any responsibility or liability for providers’ practicing within the scope of practice for their particular state.
5. Disclosure of Protected Health Information; Patient Authorization and HIPAA Business Associate Agreement
Users acknowledge and understand that ChiroUp.com provides optional services that may involve Users’ disclosure of certain patient Protected Health Information (PHI) to the ChiroUp.com and/or HealthCom.io site. Users also acknowledge and understand that ChiroUp.com may contact and survey patients via e-mail after the conclusion of treatment (see paragraph 6 below regarding “Outcome Tracker”). Users agree that they will notify patients that User may disclose patient PHI and email addresses to ChiroUp.com for these purposes. Users agree to obtain valid, signed patient authorizations to release such PHI and email information to the websites from patients for whom Users disclose PHI to the websites. Such patient releases shall comply with all state and federal laws pertaining to patient confidentiality, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) and rules. As the recipient of PHI, ChiroUp.com agrees to execute a valid Business Associate Agreement with each User who discloses PHI. This agreement can be downloaded from the subscriber’s account admin page on ChiroUp.com. It is the responsibility of the user to execute and retain this Business Associate Agreement. However, ChiroUp.com and HealthCom.io assume no liability or responsibility for Users’ compliance with HIPAA laws and rules, or Users’ compliance with any other laws and rules pertaining to patient confidentiality. Users of either or both sites agree that they fully release, waive and indemnify the sites from any and all claims against the sites for any claim arising from Users’ disclosure of PHI to the sites.
Users will have the opportunity to enter a patient’s email address and/or phone number to deliver reports that contain PHI. It is the user’s sole responsibility to ensure the accuracy of those entries, as entry of misinformation could result in exposure of PHI to unintended recipients. Users also have the ability to upload and deliver customized documents into the ChiroUp platform. Users acknowledge and understand that they should not upload any personal documents that contain PHI.
6. Outcome Tracker
Subscriber members acknowledge and authorize ChiroUp.com to include such members in the Outcome Tracker function, as follows: ChiroUp.com is authorized to survey Subscriber members’ patients to obtain ratings on improvement, satisfaction with service, and other variables. Based on patient responses, ChiroUp.com may provide ChiroUp subscriber doctors with reports rating the Subscriber doctors’ efficacy in treating various conditions. ChiroUp.com also may ask Subscribing member doctors who are successful in treating certain conditions to voluntarily provide ChiroUp.com with information regarding treatment protocols, and ChiroUp.com may use such information to modify ChiroUp.com’s general recommendations for the treatment of certain conditions.
ChiroUp.com may also ask patients if they wish to voluntarily share their experiences on outside websites. ChiroUp cannot guarantee that patients will elect to utilize this web rating feature and makes no claim that the subscriber will receive web reviews. ChiroUp.com will not share any protected health information (PHI) with any party or entity other than the patient’s subscribing member doctor and third-party business associates for operational purposes. ChiroUp.com subscribers may opt-out of the Outcome Tracker program at any time by selecting the “Opt out” of Outcome Tracker Box on the subscriber's account page.
7. Customization Feature
Subscriber members acknowledge and understand that ChiroUp provides a customization feature under which members may add to, or “customize” any component of the ChiroUp database, including text and graphics. Subscriber members agree to provide only subscriber member’s own original content and abide by all intellectual property laws, including those pertaining to copyright, patents, and trademarks. Subscriber agrees to avoid incorporating information that is protected by copyright, patent or trademark, or otherwise not wholly owned by the subscriber. Furthermore, the subscriber agrees to accept full legal responsibility and liability for customized content and to indemnify and hold ChiroUp harmless for any claim made against ChiroUp arising from content that the subscriber has customized or distributed, including but not limited to intellectual property right infringement, adverse patient response, or related litigation. This indemnification right is in addition to, and in no way obviates, the indemnification rights described in paragraph 9 below.
8. ChiroUpFinder
ChiroUp subscribers may access a ChiroUpFinder referral tool from the main ChiroUp menu. The ChiroUpFinder referral tool is a database that includes ChiroUp subscribers and advisors who may be willing to accept referrals from other ChiroUp subscribers for new patients or potential new patients. The sole purpose of the ChiroUpFinder is to identify other ChiroUp subscribers for a potential referral. ChiroUp does not guarantee the information or clinical competency of any ChiroFinder provider listed in the database. Users assume full responsibility for appropriately vetting any referrals and for compliance with all state and federal healthcare laws and regulations, including without limitation laws regarding medical referrals. Users agree to release, waive, and indemnify ChiroUp for any and all claims, settlements, judgments, or other awards arising from the use of the ChiroUpFinder tool.
The ChiroUpFinder database includes ChiroUp subscribers and advisors. ChiroUp subscribers will be automatically listed on the ChiroUpFinder URL. Subscribers who do not wish to be listed in the ChiroUpFinder database may opt-out of ChiroUpFinder in writing at any time by emailing support@ChiroUp.com.
Subscribers and Users agree that the ChiroUpFinder tool is the property of ChiroUp. Subscribers and ChiroUpFinder users agree not to disclose the ChiroUpFinder URL or any search results for any purpose other than direct patient referrals to other ChiroUp providers. Use of the ChiroUpFinder for any other unintended purpose is prohibited. ChiroUp may make claims against users for monetary damages and equitable relief if ChiroUpFinder is used in any way that could potentially detract business from ChiroUp or their subscribers. (i.e., competitive marketing purposes).
9. Waiver
ChiroUp has made every attempt to provide current patient care information based on peer-reviewed, empirical studies and scientific literature. However, all providers are responsible to use their own clinical judgment and discretion based on the unique circumstances of each individual patient. Users and providers acknowledge and agree that they, and not ChiroUp.com, are responsible for patient care. In addition, ChiroUp.com has used its best efforts to provide accurate and constructive information regarding practice management and other business issues. However, users acknowledge and agree that each practice is unique, and it is the responsibility of the practice to make its own business and clinical decisions. Therefore, all ChiroUp.com users hereby fully release and waive any and all claims of any nature against ChiroUp.com, such as claims involving patient care and business/practice management and marketing, including but not limited to claims involving: literature reviews and other medical information; recommendations for orthopedic tests and treatments, whether by video or otherwise; methods for particular exercises as demonstrated on videos or otherwise; distribution of printed materials to patients for exercise plans and other activities; business forms of any type; office policy manuals; office forms; clinical forms including patient record templates; and marketing concepts and sample forms and infographics. Provider users specifically acknowledge and agree that the information provided on the websites does not constitute and is not intended as legal advice; that laws vary from jurisdiction to jurisdiction; that users are solely responsible for tailoring forms to their own practice and for compliance with local laws. The websites are not liable for any claims based on results of patient care, treatment plans or actual treatment, or for results of any business, practice management or promotional tool obtained from the websites. Further, ChiroUp.com cannot and does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on any sites linked to this site. ChiroUp.com and/or HealthCom.io may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (”Third- Party Materials”). Users acknowledge and agree that ChiroUp.com and/or HealthCom.io is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Neither ChiroUp.com nor HealthCom.io assumes nor has any liability or responsibility to a user or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to the user, and a user may access and use them entirely at his or her own risk and subject to such third parties’ terms and conditions.
10. Indemnification
ChiroUp.com has designed and intends this website for use by health care providers who have accepted these Terms of Use. ChiroUp.com has designed and intends HealthCom.io, to be used by patients who have accepted the Terms of Use for HealthCom.io. ChiroUp.com’s subscriber members agree that they will make every effort to ensure that their patients formally approve the Terms of Use and Waiver for HealthCom.io in the event such subscriber members provide patients with materials from, or in any way allow patients to view material on ChiroUp.com. Neither ChiroUp.com nor HealthCom.io will be liable to patients for any claim for damages of any nature, including cases in which the subscriber member’s patient has not agreed to the Terms of Use and Waiver for the websites. ChiroUp.com provider users agree to indemnify and hold ChiroUp.com and/or HealthCom.io harmless for any and all claims, judgments, awards or losses or any kind arising out of a patient’s claim for damages against ChiroUp.com or HealthCom.io.
11. Limitations
In no event shall ChiroUp.com, HealthCom.io, or its suppliers be liable for any damages (including, without limitation, incidental damages of any kind, damages for loss of data or profit, or damages due to business interruption,) arising out of the use or inability to use the materials on the websites, even if ChiroUp.com and/or HealthCom.io have been notified orally or in writing of the possibility of such damage. In addition, users acknowledge that each state has different standards for professional conduct, including advertising, and users take responsibility for complying with the professional conduct and advertising laws of their own states. ChiroUp.com shall have no liability for any complaint, investigation, or action against a user or the user’s professional license regarding professional conduct or advertising.
Further, the website and materials are provided to the user “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ChiroUp.com and HealthCom.io, each on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, neither ChiroUp.com nor HealthCom.io provides any warranty or undertaking, and makes no representation of any kind that the website or materials will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
12. Modification of Website
ChiroUp.com may make changes to the website and materials contained on its websites at any time without notice. All changes are subject to all terms and conditions of this Agreement.
13. Terms of Use Modifications
ChiroUp.com may revise these Terms of Use and Waiver for its website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms of Use and Waiver.
14. Claims and Governing Law for Misuse of Website
Users agree that they will be liable for monetary damages to ChiroUp.com to the fullest extent of the law for any and all breaches of these Terms. User also agrees to pay any and all attorney fees, costs of collection, and/or costs of litigation incurred as a result of User’s breach. Any claim relating to the website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to this Agreement or the website or materials shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in East St. Louis and St Clair County.
User waives any and all objections to the exercise of jurisdiction over the user by such courts and to the venue in such courts. This Agreement and the ChiroUp.com Privacy Policy constitute the entire agreement between the user and ChiroUp.com with respect to the website and materials and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the website and materials. I agree to abide by the ChiroUp.com Terms of Use as outlined herein.