Revised 03/04/2024
Please carefully read and understand the following Terms of Use and Waiver Agreement ("Agreement"). This document outlines the legally binding terms and conditions governing the use of the websites ChiroUp.com and HealthCom.io ("the websites"). Throughout this Agreement, any reference to "the website" or "the websites" pertains to both ChiroUp.com and HealthCom.io collectively.
Furthermore, any mention of "ChiroUp.com" within this Agreement encompasses both ChiroUp.com and ChiroUp.com doing business as HealthCom.io. By accessing or using the websites, you acknowledge and agree to comply with the terms and conditions set forth in this Agreement. If you do not agree with any part of these terms, please refrain from using the websites.
1. General Terms
By entering and using this website, whether or not you are a subscribing member, you are consenting to abide by the Terms of Use and Waiver of this website. You also agree to comply with all relevant laws and regulations and acknowledge your responsibility for adhering to any applicable local laws. If you do not consent to any of these terms, you are expressly prohibited from accessing or engaging with this site in any manner.
2. Additional Terms of Subscription
ChiroUp.com extends a no-cost "education" subscription exclusively to full-time chiropractic students and full-time chiropractic college faculty. However, regardless of subscription level, all users, including canceled members, remain bound by all other applicable Terms of Use under ChiroUp. This includes but is not limited to, the prohibition against using ChiroUp.com forms, reports, or any other resources post-cancellation.
Education subscriptions with ChiroUp.com are non-transferable, and materials obtained through these subscriptions may not be utilized in for-profit clinics without prior written consent from a ChiroUp administrator. ChiroUp.com holds the right to terminate the access and use of the website at its sole discretion, without prior notice, for subscribing members.
It is the sole responsibility of the education subscriber to obtain permission from their respective school before utilizing ChiroUp materials and resources within the institution's affiliated clinic. Access to prior patient data becomes inaccessible upon graduation or termination of school employment.
Eligibility for a ChiroUp education subscription is exclusive to full-time college faculty for institutional (education) use. Use of a complimentary education account in a non-institutional practice is prohibited. Full-time faculty who would like to use ChiroUp in private practice can subscribe at a 50% discount off the standard pricing.
When using the website and materials, ChiroUp.com may employ automatic means, such as cookies and web beacons, to collect information about a user's interaction with the website. Users may also need to provide certain information about themselves as a condition for using specific features or functionality.
All information collected by ChiroUp.com is subject to the ChiroUp Privacy Policy. By downloading, installing, using, and providing information through this website, users consent to all actions taken by ChiroUp.com regarding their information in compliance with the Privacy Policy.
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 education members to use materials on the site solely for educational purposes as part of the education member’s chiropractic formal educational program or treatment occurring as part of the education member’s formal educational program. At such time as the subscribing student or faculty member is no longer a full-time student or faculty member, he or she is no longer eligible for a student or faculty membership and agrees to cease for-profit business use of materials from the site unless he or she subscribes to ChiroUp.com under the customary terms and fees. Full-time faculty who would like to use ChiroUp in private practice can subscribe at a 50% discount off the standard pricing.
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; remove any copyright or other proprietary notations from the materials; 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 subscription, whether free or paid, 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 practice 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 at 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 the 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 Users may disclose patient PHI and email addresses to ChiroUp.com for these purposes. Users agree to obtain validly, 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 AgreementwitheachUserwhodisclosesPHI. However, ChiroUp.com andHealthCom.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.
6. Outcome Tracker
Students and faculty members do not have access to Outcome Tracker Functionality unless designated by their institution. Institutions may 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 Subscriber 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 treatment of certain conditions. ChiroUp.com may also ask patients if they wish to voluntarily share their experiences on outside websites. ChiroUp.com will not share any patient-protected health information with any party or entity other than the subscriber's school. ChiroUp.com subscribers may opt-out of the Outcome Tracker program at any time by selecting the “Opt-out” of the 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 members’ 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. Waiver
The websites have 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 acknowledge and agree that they, and not ChiroUp.com, are responsible for patient care and outcomes. 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 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. 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 provider 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 are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, and 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.
9. Indemnification
ChiroUp.com has designed and intends this website for use by students and 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.
10. 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 users “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 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.
11. 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.
12. Terms of Use Modifications
Your use of this website indicates your agreement to be bound by the latest version of these Terms of Use and Waiver. ChiroUp.com reserves the right to modify these Terms of Use and Waiver for its website at any time and without prior notice. It is your responsibility to regularly review the terms to stay informed about any changes.
13. 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 breach of these Terms. Users who utilize ChiroUp materials in any for-profit manner outside of the Users’ formal chiropractic educational program agree to reimburse ChiroUp.com an amount equal to the basic subscription cost of $149.00 per month for each month ChiroUp materials are used in such manner. Educational institutions and their employees who do not willfully violate this agreement will not be held liable for unauthorized use by student subscribers. The user also agrees to pay any and all attorney fees, costs of collection, and/or costs of litigation incurred as a result of the 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 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.Student Subscriber ___________________ Date _________