Welcome to Chirotopix at web domain Chirotopix.com, which is owned and operated by Chirotopix, LLC (hereafter called “Chirotopix”). This User Agreement and Terms and Conditions of Website Use (collectively, the “Agreement”) contains the terms, provisions and conditions upon which Chirotopix is willing to provide you access to and use of any Chirotopix website and all related pages, information, databases, functionality and materials (collectively, “Chirotopix” or the “Website”), and governs your use of Chirotopix and the Website. If you do not agree to be bound by this Agreement, you may not access or use Chirotopix or the Website. Your use of Chirotopix and the Website constitutes your acceptance of this Agreement, and the accompanying Internet Privacy and Security Policy in effect at the time. Please scroll down through this Agreement to review important provisions regarding arbitration, limitation of liability, waivers and indemnities, and other important provisions. The fees and other charges assessed by Chirotopix are based upon your acceptance, and the enforceability of the arbitration, liability limitations, waivers and indemnity.
Before you may use Chirotopix or the Website, you must register by completing an online form that is only available to complete after you read and accept all of the terms and provisions of this Agreement, including those expressly set out below and those incorporated by reference. All policies incorporated by reference are accessible through links in this Agreement, which should be accessed and read before you click to accept the agreement.
Chirotopix may make changes to this Agreement, or any policies governing use of the Website and related services, at any time at its discretion; provided, however, that such changes will only effect and control your subsequent use of the Website. Chirotopix encourages you to review this Agreement each time upon entering the Website for updates and changes because your future access or use of the Website shall be deemed acceptance of these changes. You should print a copy of this and future Agreements for your reference.
This Agreement is a contract between you and Chirotopix. If you have questions regarding it, please contact Chirotopix at Chirotopix, LLC, PO BOX 620446, Middleton, WI 53562, USA or through other forms of contact available on our Contact Us form.
This Website is an Internet-based solution for providing patient education information including customized patient education information and reports. As owner of the Website, Chirotopix manages the functional and technical operations required to maintain and support the Website, offers the modules and services necessary for the provision of patient education information and the creation of patient reports, and provides the patient reports generated through the use of the Chirotopix software (collectively, the “Chirotopix Services”).
To use or purchase any Chirotopix Services, you must be a User of Chirotopix – which is available to (a) health care professionals or health care students and (b) individuals 18 years and older who, under the laws of their state of residence, are not precluded from registering and undertaking the various obligations under this Agreement and (each a “Qualified Member”). If you do not qualify to be a User, please do not use Chirotopix.
By becoming a User and by accessing any portion of Chirotopix, you have a limited license to use its contents for purposes of your practice according to this Agreement. Your license may not be transferred, sold, or used by any other person or entity without the express prior written permission of Chirotopix.
Chirotopix respects the privacy of all data and information Users input into Chirotopix, including, but not limited to information input to generate patient reports and the reports themselves (“User Information”). Please review Chirotopix’s Internet Privacy and Security Policy for more information regarding Chirotopix’s policies and procedures for protection, disclosure and use of User Information. Subject to the privacy protections contained in the above referenced policy, Chirotopix retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store (in any media, currently known or unknown) User Information related to this Agreement or provision of Chirotopix Services.
You will receive or create a password and login when becoming a User. It is your responsibility to maintain the confidentiality of your password and login. You are responsible for all activities that occur under your password and login. You agree not to share your password and login with any persons outside of your office under any circumstances and if you nevertheless do so, you will be solely responsible for any loss, damage or expense resulting from unauthorized use of such information. This requirement is intended to protect you, as well as Chirotopix. You agree to immediately notify Chirotopix of any loss, theft, or unauthorized use of your password or login or any other breach of security.
Fees, Duration, Notice of Cancellation, and Termination for Non-Payment
Subscription Fees and Other Fees
The Chirotopix Services are offered on a subscription basis, which is automatically renewed on a monthly basis. As a User, you shall pay a separate monthly subscription fee for each module, package, or other options of Chirotopix obtained (including for example, the Chiropractic Package, Exercise Package, and the Report Language Packs). You will pay Chirotopix a monthly subscription fees for each module, package, or other option purchased, as set forth in the Terms of Pricing. Additional services may be obtained for an additional charge, as set forth in the Terms of Pricing. The payment of subscription fees entitles the User to have multiple persons logged onto the Chirotopix Website at the same time (“Concurrent Logins”).
Automatic Renewal, Termination by User, and Termination by Chirotopix for Nonpayment
Your subscription to the Chirotopix Services will automatically renew on a monthly basis. You will not be locked into an extended contract of any period. You may cancel your account at any time by notifying Chirotopix. If you fail to pay the monthly subscription fees or other fees for the Chirotopix Services when due, Chirotopix may cease providing you the Chirotopix Services, and you will no longer have access to the patient reports or other data stored by you through Chirotopix.
Restrictions on Use of Chirotopix Intellectual Property, Website, and Chirotopix Services
Chirotopix owns or legally licenses all of the content, materials, and other intellectual property related to the Website and the Chirotopix Services, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, “Materials”). You have no rights to the Materials, except as may be expressly set forth in this Agreement. Any use of the Materials, except as permitted by this Agreement, is expressly prohibited. The Materials and use of Chirotopix and Chirotopix Services are registered and/or protected by U.S. and international copyright, trademark, and other laws.
Your license to use the Website and the Chirotopix Services includes the limited right to view, bookmark, download and print, for the use of your practice only, those pages of the Website that interest you, patient reports generated by Chirotopix, and other documentation or information generated by the Chirotopix Services, subject to any other terms and conditions of use and/or payment in this Agreement or on the Website. Your continued use of any Materials is terminable by Chirotopix at any time under the circumstances described in this Agreement. You agree to retain all copyright and other proprietary notices contained in the Website or the Chirotopix Services, including, but not limited to, the copyright or other notices contained on patient reports generated by Chirotopix. You may not delete or change any copyright or trademark notices, and may not alter or modify the content in any manner without the express written permission of Chirotopix.
You further agree that you will not:
- use the Website or the Chirotopix Services to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates this Agreement; copy, modify, distribute, create any derivative or compilation work from, or display the Materials or any other content from the Website or the Chirotopix Services or redeliver such content using framing or similar technology;
- use any device designed to provide repeated automated access to the Website or Chirotopix Services other than those made generally available by Chirotopix; include “Chirotopix,” or any other Chirotopix trademarked materials, the name of any Chirotopix personnel, or any variation of these items as a metatag or hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Chirotopix and you, any other party, or any other website, or otherwise use these items without Chirotopix’s express written permission;
- upload, e-mail, or otherwise transmit to Chirotopix or through the Website or the Chirotopix Services or any Chirotopix computer network any of the following: a sexually-explicit or pornographic image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate or permit unauthorized access to or use of any system, data or information related to the Website or the Chirotopix Services or any computer software, hardware or communications equipment that is owned, leased or used by Chirotopix; create a link to the Website without Chirotopix’s prior written permission;
- use the Website or the Chirotopix Services to advertise or perform any commercial solicitation unless authorized in a separate commercial agreement with Chirotopix; use the Website or the Chirotopix Services to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
- use any robot, spider, scraper, or any other automated means to access the Website or the Chirotopix Services for any purpose without Chirotopix’s express written permission; forge any TCP/IP packet header or any part of the header information in any e-mail or posting;
- take any action that imposes, or may impose, in Chirotopix’s sole discretion, an unreasonable or disproportionately large load on the Chirotopix infrastructure; interfere or attempt to interfere with the proper working of the Website or the Chirotopix Services, or any activities conducted on the Website; or
- bypass measures used by Chirotopix to prevent or restrict access to the Website or the Chirotopix Services, violate or attempt to violate the security or authentication measures of the Chirotopix system, or attempt to probe, scan or test the vulnerability of a system or network without proper written authorization from Chirotopix.
Chirotopix reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities.
No Modification, Customization, or Reverse Engineering
You may not modify or customize any portion of the Website or the software provided in connection with the Chirotopix Services. You shall not modify, adapt, or translate the Website or the software provided in connection with the Chirotopix Services. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or the software provided in connection with the Chirotopix Services.
You may not rent, lease, sublicense, assign, or transfer your rights in the Chirotopix Services or Website, or authorize all or any portion of the software provided in connection with the Chirotopix Services or Website to be copied onto another user’s computer.
Without limiting any of its other available rights or remedies, Chirotopix may suspend or terminate your license and use of the Website and the Chirotopix Services if Chirotopix, at its sole discretion, reasonably suspects that you have violated any provisions of this Agreement or engaged in any improper, dishonest or fraudulent activity in connection with the Website or the Chirotopix Services.
CHIROTOPIX DOES NOT PROVIDE MEDICAL ADVICE TO HEALTH CARE PROVIDERS OR TO PATIENTS. THE WEBSITE AND CHIROTOPIX SERVICES CANNOT AND DO NOT CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS. THE CHIROTOPIX SERVICES MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO THE PERSONAL CONDITIONS OR CIRCUMSTANCES OF YOUR PATIENTS OR CLIENTS. THE MATERIALS GENERATED BY CHIROTOPIX ARE NOT INTENDED TO PROVIDE A DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR A DIAGNOSIS BASED UPON YOUR OWN PROFESSIONAL JUDGMENT AND OPINION.
ANY INFORMATION SUPPLIED THROUGH THE WEBSITE OR CHIROTOPIX SERVICES, IN ANY MANNER OR MEDIUM, IS NOT INTENDED TO, AND DOES NOT CONSTITUTE, MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE BY CHIROTOPIX OR CREATE A PROFESSIONAL RELATIONSHIP BETWEEN CHIROTOPIX AND YOU OR BETWEEN CHIROTOPIX AND YOUR PATIENTS OR CLIENTS, AND DOES NOT CREATE ANY PRIVACY INTERESTS OTHER THAN THOSE DESCRIBED IN CHIROTOPIX’S INTERNET PRIVACY AND SECURITY POLICY.
THE CHIROTOPIX SERVICES ARE PROVIDED IN AN “AS IS WHERE IS” CONDITION, SUBJECT TO ANY AND ALL FAULTS AND DEFECTS EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT. FURTHERMORE CHIROTOPIX MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING CHIROTOPIX SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHIROTOPIX HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT, TITLE, OR COMPLIANCE WITH ANY FEDERAL, STATE, OR OTHER LAW(S), AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THIS AGREEMENT, THE CHIROTOPIX SERVICES, OR THE WEBSITE. NO ADVICE OR INFORMATION GIVEN BY ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF CHIROTOPIX (collectively a “CHIROTOPIX AFFILIATE”) SHALL CREATE A WARRANTY OR REPRESENTATION BINDING UPON CHIROTOPIX UNLESS IN WRITING SIGNED BY THE CHIEF OPERATING OFFICER OF CHIROTOPIX. NO ONE ELSE IS AUTHORIZED TO MAKE ANY WARRANTY ON CHIROTOPIX’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER REPRESENTATION OR ASSERTED WARRANTY OR GUARANTEE.
YOU AGREE THAT CHIROTOPIX AND THE CHIROTOPIX AFFILIATES ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY FOR THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE WEBSITE, THE WEBSITE SERVICES, OR ANY MATERIALS ON THE WEBSITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE), OR FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PARTICIPANT INFORMATION BY A PARTY OTHER THAN CHIROTOPIX.
CHIROTOPIX EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT. CHIROTOPIX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer and Limitation of Liability
CHIROTOPIX AND THE CHIROTOPIX AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES AS A RESULT OF ANY BREACH OR DEFAULT BY THEM WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE OR CHIROTOPIX SERVICES, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OTHERWISE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF CHIROTOPIX AND THE CHIROTOPIX AFFILIATES TO YOU FOR ANY DAMAGES, LOSSES, COSTS AND EXPENSES RELATED TO ANY CLAIM BY YOU IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EXCEED: (A) THE AMOUNT OF INSURANCE PROCEEDS PAYABLE WITH RESPECT TO SUCH CLAIM UNDER ANY COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY THEN MAINTAINED BY CHIROTOPIX; OR (B) IN THE ABSENCE OF SUCH INSURANCE COVERAGE THE AGGREGATE AMOUNT OF CHARGES PAID BY YOU FOR THE CHIROTOPIX SERVICES AT ISSUE; OR (C) IN THE ABSENCE OF SUCH CHARGES, ONE THOUSAND DOLLARS ($1,000). YOU AGREE THAT THIS LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU, CHIROTOPIX AND THE CHIROTOPIX AFFILIATES AND REFLECTS THE FEES THAT CHIROTOPIX CHARGES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, THE WEBSITE AND THE CHIROTOPIX SERVICES WOULD NOT BE PROVIDED TO YOU.
ANY CLAIM BY YOU NOT FILED IN ARBITRATION WITHIN ONE YEAR OF YOUR DISCOVERY OF THE FACTUAL BASIS FOR THE CLAIM SHALL BE DEEMED FOREVER WAIVED, BARRED AND RELEASED.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHIROTOPIX AND THE CHIROTOPIX AFFILIATES FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, INJURY, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ AND EXPERT FEES) ARISING OUT OF OR RELATED TO YOUR (A) BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, (B) VIOLATION OF ANY PERSON’S OR ENTITY’S LEGAL RIGHTS (INCLUDING, WITHOUT LIMITATION, COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK, OR OTHER PROPRIETARY RIGHTS, OR PUBLICITY, CONTRACT, MORAL, OR PRIVACY RIGHTS, OR RIGHTS UNDER LAWS OR REGULATIONS RELATING TO PRIVACY, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996), (C) VIOLATION BY YOU OF ANY APPLICABLE LAW, RULE OR REGULATION, OR (D) NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT ON YOUR PART, OR (E) UNAUTHORIZED USE OF YOUR USER INFORMATION BY A PARTY OTHER THAN CHIROTOPIX.
Assignment and Transfer
Each party may freely assign and/or transfer this Agreement in connection with a sale of its business as a whole or substantially all of the assets of its business except that you shall not transfer this Agreement, by assignment or operation of law, to a competitor of Chirotopix without the prior written consent of Chirotopix. The parties shall not otherwise assign or transfer this Agreement without the express prior written consent of the other, such consent not to be unreasonably withheld. This Agreement shall bind and benefit the successors and permitted assigns of the parties.
Chirotopix controls and operates the Website from its offices within the United States. If you choose to access the Website from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws. You agree that your rights and obligations related to this Agreement, Chirotopix and your use of the Website or the Chirotopix Services shall be interpreted and construed in accordance with the laws of: (a) the State of Wisconsin, and the United States of America without regard to its conflict of laws principles, if the location from which you intend to primarily use the Chirotopix Services is in United States, Canada, or Mexico; (b) the country of Japan, if the location from which you intend to primarily use the Chirotopix Services is in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) Ireland, if the location from which you intend to primarily use the Chirotopix Services is in any country other than those listed in (a) and (b). This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, that application of which is expressly excluded.
Dispute Resolution (Binding Arbitration)
If a dispute, claim, or controversy (“Dispute”) arises between you and Chirotopix or any of the Chirotopix Affiliates under or in any way relating to this Agreement, the Webiste, or the Chirotopix or User Services (including, without limitation, arbitrability of the Dispute) that is not resolved informally within 30 days, such Dispute will be finally settled and resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association using a single arbitrator (who has at least 3 years experience in structuring on-line commercial transactions and who shall have no power to award consequential, punitive or exemplary damages), with the arbitration to be commenced within one (1) year after the factual basis for such Dispute becomes known – otherwise all rights, claims and causes of action relating to the Dispute shall be deemed irrevocably waived. A judgment upon an arbitrator’s award may be entered in any court of competent jurisdiction. Any arbitration hearing shall be held in Milwaukee, WI, USA, with these to be exclusive venues to which you hereby expressly consent. Except as prohibited by applicable law, you waive any right to trial by a judge or jury, to recovery of consequential damages and to pursue or participate in a consolidated or class action arbitration related to this Agreement or the Chirotopix Services or Website. Each party shall bear their own expenses of the arbitration and shall equally share the fees and expenses of the arbitrator except that if you obtain a favorable award, you shall also recover a percentage of your expenses and share of the fees and expenses of the arbitrator equal to the amount of the award in relation to the amount in Dispute (provided such percentage is at least 51% of the amount in Dispute).
This arbitration requirement shall not preclude a party from at any time seeking temporary equitable relief in the form of a preliminary injunction, temporary restraining order or the like as necessary to preserve the status quo or prevent irreparable injury pending resolution of the Dispute in arbitration – provided, however, the exclusive jurisdiction and venue for such an action shall be in the state or federal courts in Milwaukee, WI, USA and each party consents to personal jurisdiction in those courts for such purposes.
Chirotopix is an independent contractor and shall not at any time or under any circumstances be considered an agent or representative of any User of the Website. No joint venture, partnership, or like relationship is created between the parties by this Agreement.
The headings of the sections in this Agreement are strictly for convenience of reference only and shall not in any way be construed as amplifying or limiting any of the terms, provisions or conditions of this Agreement
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason: (a) such invalidity or unenforceability shall not affect any other provision of this Agreement; (b) the remaining terms, covenants and conditions hereof shall remain in full force and effect; and (c) the invalid or unenforceable provision shall be automatically modified, with the least changes necessary, so as to make it valid and enforceable.
No failure to exercise and no delay in exercising, by Chirotopix, any right, power or privilege under this Agreement shall operate as a waiver thereof, except as otherwise expressly provided in this Agreement or in writing by Chirotopix’s president. Any waiver by Chirotopix of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless and until agreed to in writing by Chirotopix.
All notices and communications concerning this Agreement shall be in writing and addressed to Chirotopix as follows:
- Chirotopix, LLC
- PO BOX 620446
- Middleton, WI 53562, USA
Notices shall be sent by certified U.S. Mail, return receipt requested, or by commercial overnight delivery service which provides acknowledgement of delivery and shall be deemed delivered: if sent by U.S. Mail, five (5) days after deposit, or if sent by commercial overnight delivery service, upon verification of receipt.
Modification of Terms
Chirotopix reserves the right to amend the terms of this Agreement at any time, for any reason, and without notice, including the right to terminate the Chirotopix Services or any part thereof. Any amendments and modifications made by Chirotopix will be prospective only, and unless otherwise provided in this Agreement, will be effective upon being posted on the Website.
Links to Third Party Sites
The Website or the Chirotopix Services may contain links to third party websites. These links on the Website will allow you to leave the Website. The linked sites are not under the control of Chirotopix, and Chirotopix is not responsible for the contents of any linked site.
This Agreement is effective until changed by Chirotopix or terminated by you or Chirotopix or any reason whatsoever. If you no longer agree to be bound by this Agreement (as amended from time to time), you must cease use of the Website. Chirotopix reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website with or without notice at any time and for any reason. You agree that any termination, restriction, or suspension of your access to the Website may be made without prior notice, and you acknowledge that Chirotopix may immediately deactivate your account and bar you from any further access to the files or the Website. You agree that Chirotopix shall not be liable to you or any third-party for any termination, restriction, or suspension of access to the Website under any circumstances whatsoever.
Chirotopix reserves the right to access User Information and to remove any materials that do not conform to this Agreement—although Chirotopix shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to its posting. You agree that Chirotopix has the right, but is not obligated, to monitor your use of the Website and any communications made by you related to such use in any manner. You release Chirotopix from any liability relating to its monitoring activities. If Chirotopix denies you access to the Website, you agree to destroy all materials obtained from Chirotopix or the Website and all copies of those materials with the exception of your personal account materials or the patient reports previously generated by Chirotopix.
This Agreement, and any policies referenced in this Agreement, constitutes the entire agreement between you and Chirotopix related to the Website and the Chirotopix Services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matters of this Agreement are superseded by the provisions of this Agreement. Neither this Agreement nor any of its provisions may be amended, altered or added to in any manner except as set forth in a duly authorized amendment to this Agreement or otherwise in writing and signed by the chief operating officer of Chirotopix. If there is a conflict between the terms of this Agreement and any terms appearing on the Website or in any policies, those terms that are most favorable to Chirotopix shall govern.
Survival of Obligations
The provisions of this Agreement that by their nature are intended to survive beyond the termination, cancellation or expiration of this Agreement shall survive.
Consumer Consent to Electronic Delivery and Notice
- Consent. By clicking the “I Agree” checkbox or button, you consent to receive notices (such as the Notice of Privacy Practices for example) solely electronic format or other formats from Chirotopix. Please regularly check the Website for updates to notices. We will post to Chirotopix any changes in hardware or software requirements needed to access the notices.
- Delivery Considerations. To access the Website, you must have access to a personal computer with appropriate browser software, such as the most current version of Microsoft Internet Explorer and communications access to the Internet. To print and save notices, you must have access to a printer.
- Duration and Withdrawal of Consent. Your consent will be effective indefinitely. If you would like a paper copy of notices, please contact us at the address or phone number above. We reserve the right to send you paper copies of any documents or notices that you have consented to receive electronically or that are not available electronically and to discontinue sending updated notices electronically to you at any time.
- Access Costs. We do not charge you additional fees to access or receive notices electronically. However, you may incur costs from your Internet access provider, telephone company, or other third parties to access or print the notices. These costs are borne by you.
Printed End-User Office Information
A valid office name, physical address, and telephone number are required on the plain text office information and business card image. Office information on the business card image, if used, must correspond to the plain text office information.
Chirotopix, LLC reserves the right to deny use of any office information or business card image.