Healthcom.io Terms of Use

HEALTHCOM.IO, OWNED & OPERATED BY CHIROUP, INC.

Originally Effective: December 1, 2016

Last Updated: August 9, 2026

I. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Healthcom.io, owned and operated by ChiroUp, Inc., ("Company," "we," "us," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of our Service, whether as a guest or registered user. Our "Service" consists collectively of our HealthCom platform, our website HealthCom.io (the "Website"), our Apps available on iTunes or Google Play (the "Apps"), and all content, functionality and services offered on or through any of them.

Our Service provides, among other things, a way for chiropractic providers and staff to send educational information to you, to communicate with you, to schedule appointments, and for you to provide certain information and to manage elements of your relationship with your provider. Users of our Service through the Apps will be subject to an end-user license agreement ("EULA") as well as these Terms of Use.

These Terms of Use, together with our Privacy Policy and any applicable EULA, are the complete agreement governing patient and patient-representative use of the Service. The ChiroUp EHR Terms of Use apply to healthcare providers and their staff, not to patients using this Service.

Please read the Terms of Use carefully before you start to use any part of our Service. By using any part of our Service, you accept and agree to be bound by and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.

II. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Service thereafter. Your continued use of the Service after the posting of revised Terms of Use indicates your acceptance and agreement to the changes. You should check this page each time you access or use the Service to stay aware of any changes, as they are binding on you.

III. Reliance on Information Posted

The content available through the Service is not intended to be a substitute for professional health care advice, diagnosis, or treatment. Always seek the advice of your qualified health provider with any questions you may have regarding a medical condition. Never disregard professional health care advice or delay in seeking it because of something you have read on this Website.

If you think you may have a medical emergency, call your healthcare provider, go to the emergency department, or call 911 immediately. This includes any interaction with automated scheduling or messaging features, which are not monitored in real time by clinical staff.

We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Service. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

IV. Accessing the Service and Account Security

We reserve the right to withdraw or amend any element of the Service, and any other service or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your internet connection are aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. You agree that all information you provide to register with the Service or otherwise, including, but not limited to, through the use of any interactive features of the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

V. Intellectual Property Rights

The Service, including its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), is owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Service for your personal, internal, non-commercial use only (which, for providers, includes use in their practice to interact with their patients, in accordance with the documentation of the Service, who use the Service and without any other commercialization). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our EULA for such applications.
You may take such actions as are enabled by features we make available to you through the Service.

You must not:

Modify copies of any materials from the Service.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
Access or use for any commercial purposes any part of the Services or materials available through the Service.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service, or any content of the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

VI. Trademarks

The Company name, the terms "HealthCom", the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

VII. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing), or to misrepresent your identity or your authority to act on behalf of any patient.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider or other automatic device, process or means to access the Website or Apps for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material from the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Apps, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.

VIII. User Contributions

The Service may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to their provider or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post through the Service will be considered non-confidential and non-proprietary, unless otherwise required by law, except for information that constitutes protected health information under HIPAA, Patient Assets as defined below, or other information protected under our Privacy Policy or applicable law. By providing any User Contribution through the Service, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings and as otherwise necessary to provide the Service.

You represent, warrant and agree that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.

Patient-Provided and Identity Assets. You retain any ownership rights you have in photographs, images, signatures, voice or audio, documents, profile information, and other identifying or patient-related materials that you upload, submit, record, authorize a provider to capture, or otherwise provide through the Service ("Patient Assets"). You grant HealthCom and ChiroUp a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, process, and otherwise use Patient Assets solely as reasonably necessary to provide, operate, support, secure, and improve the Service, facilitate your care and communications with your provider, and perform functions you or your provider request or authorize. This license does not permit HealthCom or ChiroUp to use Patient Assets for unrelated advertising, endorsements, or promotional purposes without separate authorization. If you provide Patient Assets concerning another person, you represent that you have the authority or permission necessary to do so.

IX. Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, to the extent permitted by applicable law, including HIPAA.
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted through the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

X. Content Standards

These content standards apply to the use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable (including because it may promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age).
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person, or impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Promote any illegal activity, or advocate, promote or assist any unlawful act or involve commercial activities or sales.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

XI. Copyright Infringement

We will respond to notices of alleged copyright infringement that comply with applicable law. It is the Company's policy to terminate the user accounts of repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows by mail:

ChiroUp, Inc.

4460 North Illinois Street, Suite 8

Swansea, IL 62226

Attention: Privacy Officer

XII. Changes to the Service

We may update the content or change the functionality of the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material available through the Service may be out of date at any given time, and we are under no obligation to update such material. Features of the Service, including automated and AI-assisted features, may be modified, limited, or discontinued at any time.

XIII. Information About You and Your Visits to the Website

All information we collect through the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Users agree to allow HealthCom.io, owned and operated ChiroUp, Inc, to communicate with the user via any personal electronic means, including but not limited to text message, email, web portal, in-office kiosk, and web or mobile applications. HealthCom.io may deliver electronic questionnaires and surveys to users to collect health condition details, health and medical histories, photo identification, demographic data, social determinants of health, insurance information, disability assessments, clinical outcome & satisfaction, and other pertinent information. Users agree to allow HealthCom.io to relay this information to their current or future designated provider(s) for use by their provider(s) and staff for assessment, treatment, billing, and any other pertinent case management information.

Communications and secure messages sent through the Service may be included in your permanent medical record maintained by your provider. We may disclose personal information in accordance with the Health Insurance Portability and Accountability Act (HIPAA), HITECH, where applicable, lawful government requests, and the HealthCom.io Privacy Policy. HealthCom.io will maintain your HIPAA privacy rights where applicable and will not sell your personally identifiable information.

XIV. Communications and Text Messaging

Your provider may communicate with you by secure message and push notification within the Service, and — separately — by email and, if you provide your mobile number, by SMS/MMS text message sent to your mobile phone through your wireless carrier. Where permitted by applicable law, by providing your mobile number to your provider in connection with your care, you consent to receive healthcare-related text messages from or on behalf of your provider, including appointment reminders and confirmations, scheduling communications, exercise and home-care instructions, educational materials, intake and outcome questionnaires, satisfaction surveys, and requests for feedback or online reviews. Your healthcare provider is responsible for the content of messages it sends or causes to be sent and for obtaining any consent required by applicable law, including any additional consent required for marketing or promotional communications. HealthCom provides the communication technology but does not determine the purpose or content of communications initiated by your provider. Message frequency varies; message and data rates may apply; and consent to text messaging is not a condition of receiving care. You may opt out of text messages at any time by replying "STOP" to any message.

You acknowledge that SMS/MMS text messages are sent through wireless carrier networks, are not encrypted, and are not delivered within the secure HealthCom environment; you should avoid sending sensitive medical details by text, and secure alternatives are available within the Service. Communications sent through the Service may become part of your medical record maintained by your provider.

XV. Automated and AI-Assisted Communications

Portions of the Service use automated and artificial-intelligence technologies. If your provider enables these features, an automated assistant may answer telephone calls to your provider's office, respond to text messages you send to your provider, schedule, reschedule, or cancel appointments, answer general questions about the practice, take messages, and send related confirmations. ChiroUp provides a default greeting that identifies the automated assistant as automated or artificial intelligence and notifies callers that audio will be processed and transcribed. Audio is processed transiently to generate a written transcript; HealthCom does not retain an audio recording of AI Receptionist calls. Your provider may customize the greeting and is responsible for providing disclosures required by applicable law.

YOU UNDERSTAND AND AGREE THAT THE AUTOMATED ASSISTANT IS NOT A PERSON AND IS NOT A HEALTHCARE PROVIDER; THAT IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TRIAGE, OR TREATMENT OF ANY KIND; AND THAT IT MAY MISHEAR, MISUNDERSTAND, MISRECORD, OR GENERATE INCORRECT OR INCOMPLETE INFORMATION. YOU SHOULD NOT RELY ON THE AUTOMATED ASSISTANT FOR ANY MEDICAL, URGENT, OR TIME-SENSITIVE MATTER. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, DO NOT USE OR WAIT FOR THE SERVICE OR ANY AUTOMATED ASSISTANT — CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.

Because automated systems can make errors, you are responsible for confirming anything important directly with your provider's office. This includes verifying the date, time, and details of any appointment reflected in a confirmation you receive, and following up with staff on any question, message, or request the automated assistant was unable to complete. You acknowledge that appointments, messages, and other actions handled by the automated assistant are subject to review and confirmation by your provider's staff and are not guaranteed until so confirmed. To the fullest extent permitted by law, neither HealthCom nor your provider is liable to you for errors, omissions, delays, or failures of the automated assistant, and your use of these features is entirely voluntary — you may request a live person or leave a message for staff at any time, or contact the practice by other means.

XVI. AI-Assisted Clinical Documentation

The Service may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links to a provider, or links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

XVII. AI Receptionist Transcript Retention

When enabled, AI Receptionist call transcripts and related text-conversation logs are generally retained for twenty-four (24) months and are then deleted or de-identified, unless longer retention is reasonably necessary to provide the Service, comply with applicable law or a legal hold, resolve a dispute, investigate security or misuse, or fulfill other legitimate legal or operational obligations. HealthCom does not automatically incorporate AI Receptionist transcripts or message logs into your clinical record. Your provider determines what information from those communications must be documented or maintained in your medical record or other legally required records.

XVIII. Scheduling and Appointments

The Service may allow you to request, schedule, reschedule, or cancel appointments online, by text, or through the automated assistant. All appointments are subject to your provider's availability, policies, confirmation, and cancellation rules, which are set by your provider and not by HealthCom. HealthCom does not guarantee the availability of any appointment time and is not responsible for scheduling errors, missed appointments, cancellations, or your provider's fees or policies, including late-cancellation or no-show charges.

XIX. Payment Information

Your provider may require a payment card on file to schedule certain appointments. Payment card information is collected and stored by our third-party payment processor in accordance with PCI-DSS standards; HealthCom does not store your full card number. Any charges to your card — including visit charges, deposits, or cancellation fees — are determined, authorized, and initiated by your provider under your agreement with your provider, and any billing disputes are between you and your provider. You represent that you are authorized to use any payment method you provide.

XX. Electronic Signatures and Records

The Service may allow you to electronically sign or acknowledge forms, consents, disclosures, or other records presented by your healthcare provider. By applying an electronic signature or selecting an electronic acknowledgment, you intend that action to constitute your signature or acknowledgment for the applicable record to the extent you have legal authority to provide it. Your healthcare provider remains responsible for determining whose signature, consent, or authorization is legally required for a particular form or service and whether the electronic process satisfies applicable requirements.

XXI. Questionnaires, Surveys, and Reviews

Your provider may use the Service to send you intake forms, health questionnaires, outcome assessments, and satisfaction surveys. Your responses are collected on behalf of your provider and may become part of your medical record. Completing surveys is voluntary.

The Service may also invite you to share feedback publicly on third-party review platforms. Doing so is entirely voluntary, is not a condition of care, and any content you post on a third-party platform is governed by that platform's terms and is publicly visible — do not include health details you wish to keep private. De-identified survey and outcome data may be used as described in the Data section below and in our Privacy Policy.

XXII. Care Coordination and Reports

At your provider's direction, the Service may generate and transmit summaries, referral communications, or reports regarding your care to other healthcare providers you or your provider designate, such as your primary care physician. You authorize your provider and HealthCom, acting on your provider's behalf, to transmit such information for treatment and care-coordination purposes in accordance with HIPAA. HealthCom is not responsible for the accuracy of clinical content authored by your provider or for the actions of any recipient provider.

XXIII. Account Holders, Minors, and Authorized Representatives

The Service may be used by adult patients, by parents, legal guardians, or other authorized representatives acting on a patient's behalf, and by minor patients when access or direct communication has been authorized by a parent, legal guardian, healthcare provider, or otherwise permitted by applicable law. If you access the Service on behalf of another person, you represent that you have legal authority to do so. If you authorize a minor to receive communications or use portions of the Service directly, you acknowledge that information may be delivered directly to the contact information designated for that minor. You are responsible for activity conducted through your account and for keeping contact information current, including promptly notifying your provider if a telephone number or email address changes or is no longer controlled by the intended recipient. If you submit information, photographs, signatures, documents, or other materials concerning another person, you represent that you have authority to provide those materials through the Service. Nothing in these Terms determines whether a parent, guardian, minor, or other representative is entitled to access particular health information; those rights are determined by the healthcare provider in accordance with applicable law.

XXIV. Data

As between you and HealthCom, your healthcare provider is the steward of your patient records, and HealthCom processes information on your provider's behalf as its HIPAA Business Associate where HIPAA applies. You grant HealthCom the right to collect, store, process, and transmit the information you provide or that your healthcare provider collects or submits through the Service concerning you as necessary to operate the Service, deliver it to your designated provider(s), and as described in our Privacy Policy. You agree that HealthCom.io, including any individual or entity contracted for maintenance, development, or any other service required for operation, is permitted to access information you input or provide, or that your provider submits concerning you, while using the Service, subject to confidentiality obligations and applicable law.

HealthCom may use and share de-identified data, prepared in accordance with applicable law, including HIPAA de-identification standards where applicable, for research, product improvement, and other lawful business purposes. HealthCom and ChiroUp do not use identifiable patient information or PHI to train artificial-intelligence models, except as expressly permitted by applicable law. Information that has been de-identified in accordance with applicable law, including HIPAA de-identification standards where applicable, may be used to develop, evaluate, secure, and improve our products and services.

In the event of any loss or damage to data collected and stored, you understand your sole and only remedy shall be to allow HealthCom.io to use commercially reasonable efforts to replace or restore the lost or damaged data from the latest backup of such data which HealthCom.io, owned and operated by ChiroUp, Inc., has maintained in its standard archival processes. Nothing in this section limits your provider's obligations with respect to your medical records or your rights under HIPAA, which are described in our Privacy Policy and your provider's Notice of Privacy Practices.

XXV. Links from the Service

The Service may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links to a provider. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

XXVI. Geographic Restrictions

The Company is based in Illinois, United States, and the Service is operated principally from the United States. The Service may be available to users in other countries. Users accessing the Service outside the United States are responsible for complying with laws applicable to their use of the Service, and availability of particular features may vary by jurisdiction.

XXVII. Disclaimer of Warranties

You acknowledge that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE; THAT THE SERVICE, ITS CONTENT, THE APP, OR ANY MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APPS, OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICE OR MATERIALS OR ITEMS OBTAINED THROUGH THE SERVICE WILL ACHIEVE ANY INTENDED RESULT OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXVIII. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $250 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXIX. Dispute Resolution; Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

This section applies only to disputes between you and the Company relating to the Service. It does not apply to any dispute between you and your healthcare provider regarding your medical care, diagnosis, or treatment, which remains solely between you and your provider.

Informal Resolution. Before filing a claim, you agree to first contact us at support\\@chiroup.com with a written description of your dispute and give us thirty (30) days to attempt to resolve it informally.

Binding Arbitration. Except for disputes that qualify for small claims court, any dispute, claim, or controversy between you and the Company arising out of or relating to these Terms of Use or the Service that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, in the county where you reside or another mutually agreed location, or by telephone or videoconference. The Company will pay all AAA filing, administration, and arbitrator fees that exceed the amount you would have paid to file the claim in court, unless the arbitrator finds your claim frivolous. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

Opt-Out Right. You may opt out of this arbitration agreement within thirty (30) days after first accepting these Terms of Use by emailing support\\@chiroup.com with your full name and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms of Use.

Severability of Arbitration Terms. If the class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court consistent with the Governing Law and Jurisdiction section, and the remainder of this section shall remain in effect.

XXX. Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Subject to the Dispute Resolution section above, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service 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, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

XXXI. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE APP, OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

XXXII. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including any use of the content, materials and products available through the Service, other than as expressly authorized in these Terms of Use.

XXXIII. General Provisions

The Terms of Use (including our Privacy Policy and, if applicable, the EULA) constitute the entire agreement between you and the Company with respect to the access and/or use of the Service, and supersede all prior and contemporaneous agreements and understandings regarding such subject matter (none of which shall be binding). Nothing contained in any purchase order or similar document issued by you or Company will in any way modify or add any additional terms or conditions to the Terms of Use.

If any provision of these Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of these Terms of Use shall remain in full force and effect.

No right or remedy conferred by these Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. We may provide notice to you relating to these Terms of Use by sending the notice by e-mail or U.S. mail to your last known e-mail address or postal address, if any, or by posting a notice on the Site; and any such notice shall be deemed given to and received by you on the earlier of the day it is sent or the day it is posted. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Use of the Service is subject to applicable law in the jurisdiction from which you access or use the Service.

Our failure to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. In these Terms of Use, "person" shall be broadly construed to include individuals and all forms of legal entities; the word "including" (and its analogues "include" and "includes") will be deemed to be followed by the words "without limitation"; and "third party" refers to any person other than you or the Company.

These Terms of Use shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument.

Your use of the Service does not create any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties.

XXXIV. Your Comments and Concerns

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