HEALTHCOM.IO, OWNED & OPERATED BY CHIROUP, INC.
TERMS OF USE AGREEMENT
LAST MODIFIED: December 22, 2021
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 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.
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 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 when we post them, and apply to all access to and use of the Service thereafter.
Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access or use the Service so you are 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.
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).
● 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. 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.
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.
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.
● 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.
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.
The communication and secure messages sent via personal electronic means may be included in your permanent medical record. We may disclose personal information in accordance with the Health Insurance Portability and Accountability Act (HIPAA), HITECH, Government request, and the HealthCom.io Privacy Policy.HealthCom.io will maintain users' HIPAA privacy rights and will not distribute or sell personally identifiable data to anyone other than your current and future designated healthcare providers.
XIV. Data
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 any information or data the user inputs or provides while using HealthCom.io. You understand that HealthCom.io maintains ownership of all collected data and will protect your privacy rights per HIPAA standards as stated in the Privacy Policy. HealthCom.io and its affiliates may use any collected data to enhance or develop technology to improve patient diagnosis & management or other clinical or business functions.
Healthcom also maintains the right to share depersonalized or "scrubbed" data with researchers or other business entities. 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.
XV. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Service may provide certain social media features that enable you to:
● Link from your own or certain third-party websites to certain content in the Service. ● Send e-mails or other communications with certain content, or links to certain content, through the Service.
● Cause limited portions of content of the Service to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
● Establish a link from any website that is not owned by you.
● Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
● Link to any part of the Service other than the homepage.
● Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.
XVI. 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, 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. Geographic Restrictions
The owner of the Service is based in the State of Illinois in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
XVIII. 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.
XIX. 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.
XX. 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. XXI. 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).
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.
XXII. 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.
XXIII. 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 Service.
If any provision of these Terms of Service 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 Service 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 inequity; 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 unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use and EULA, if applicable.
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.
XXIV. Your Comments and Concerns
This website is owned and operated by ChiroUp, Inc., 4460 North Illinois Street, Suite 8, Swansea, IL 62226.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@chiroup.com.