Terms of Use
Last Updated: February 6th, 2017
ChiroWay operates through a franchise model of business, which means that, except in certain limited circumstances, individual practice locations are independently owned and operated by franchisees (each a “ChiroWay Franchisee”). The ChiroWay website and patient portal (collectively, the “Site”) are operated and provided to you by ChiroWay Franchise, LLC on behalf of itself and the ChiroWay Franchisees (ChiroWay Franchise, LLC and the ChiroWay Franchisees are collectively referred to herein as “ChiroWay”). The following terms and conditions, together with any documents they expressly incorporate by reference (the “Terms of Use”) govern your access to and use of the Site, including any content, functionality and services offered on, through or in combination with the Site.
Please read these Terms of Use carefully before you start to use the Site. By logging in, entering or using the Site, or by clicking to accept or agree to the Terms of Use when that option is made available to you, you accept and agree to be bound and abide by these Terms of Use. You may use the Site only for lawful purposes and in accordance with these Terms of Use. If you do not want to agree to these Terms of Use, you must not access, use or register with the Site.
Changes to the Terms of Use
We may make changes to the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of such changes means that you accept and agree to the changes. You should check this page from time to time so that you are aware of any changes to the Terms of Use, as they are binding on you.
Access to the Site
ChiroWay grants you a limited, non-exclusive, non-transferable, revocable right to utilize and access the Site in a manner consistent with these Terms of Use for your personal use. If you register to use the patient portal portion of the Site (referred to hereinafter as a “Registered User”), you are solely responsible for maintaining the confidentiality of your User ID and all activities that occur using your User ID. You agree to immediately notify ChiroWay at communications@chiroway.com in the event that your User ID is lost or stolen, or you become aware of any unauthorized use of your User ID or any other breach of security that might affect the Site. ChiroWay is in no way liable for any claims or losses of any kind related to the use or misuse of your User ID due to the activities of third-parties outside of ChiroWay’s control or due to your failure to maintain the confidentiality and security of your User ID.
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site 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 United States or other countries). Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or its telecommunications services, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material or data on the Site.
- Use any manual process to monitor or copy any of the material or data on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- 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 Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
- Use the Site to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others.
- Impersonate anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Display advertising or commercial content.
ChiroWay may change or discontinue, temporarily or permanently, any feature or component of the Site at any time without further notice. You agree that ChiroWay shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of the Site. ChiroWay will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site, or the entire Site, including access by Registered Users.
Full use of the Site requires Internet access and may be affected by the performance of such access. You are responsible for making all arrangements necessary for you to have access to the Site including up-to-date compatible browser software.
To access the patient portal portion of the Site, you will be asked to provide certain registration details and other information. You represent that the information that you provide about yourself as requested in the ChiroWay account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing ChiroWay with your current email address, so that you may receive notifications and other account-related communications. In accordance with the terms of the Privacy Policy, incorporated herein by reference, ChiroWay agrees to keep confidential all personally identifiable information, including Registration Data, that you provide to ChiroWay in order to access and use the Site.
ChiroWay has 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.
Content Ownership
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by ChiroWay, 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. You may not reproduce, distribute, modify, or create derivative works of, publicly display, publicly perform, republish, download, store, transmit or commercially exploit any part of the Site except as necessary to use or view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your use. All rights in the Site content not expressly granted to you by ChiroWay are retained by ChiroWay and its licensors.
The ChiroWay name and all related names, logos, product and service names, designs and slogans are trademarks of ChiroWay or its affiliates or licensors. You must not use such marks without the prior written permission of ChiroWay. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you violate any of these Terms of Use, our permission to you to use the Site automatically terminates.
Professional Chiropractic Services
The Site is an information management tool only and is for your personal and non-commercial use. ChiroWay does not provide professional chiropractic services through the Site. You understand that the content of any message sent through the patient portal may be stored in your permanent chiropractic record.
Proxy Access
Registered Users may be granted access to the records of minor patients for whom the Registered User is the legal guardian. By requesting patient portal access to the records of a minor patient, the Registered User attests and warrants that s/he is the legal guardian of the patient and has the right to access the patient’s health information. Once the patient turns 18 years of age, the Registered User will be presumed to no longer have the legal right to maintain access to information about the patient without the patient’s prior written authorization. Accordingly, ChiroWay will restrict the Registered User’s access to the patient’s information upon the patient’s 18th birthday.
No Warranties; Limitation of Liability
YOU ARE RESPONSIBLE FOR ANY ACTS OR OMISSIONS RELATING TO YOUR USE OF THE SITE AND FOR ANY DAMAGES INCURRED AS A RESULT THEREOF. THE SITE IS PROVIDED TO YOU “AS IS” and “as available” WITHOUT WARRANTY OF ANY KIND. WE DO NOT, AND OUR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE AND OUR SUPPLIERS EACH DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ON BEHALF OF US AND OUR SUPPLIERS, ALL RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR CONTENT OR DATA AVAILABLE ON OR THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CHIROWAY, ITS PARTNERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, IS TO DISCONTINUE USING THE SITE.
Indemnification
You agree to defend, indemnify, and hold harmless ChiroWay and its partners, affiliates, service providers, licensors, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any and all losses, liabilities, damages, and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions, or demands related to or alleged to relate to: (a) your use of the Site; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property, privacy or other third-party rights or any applicable law in connection with your use of the Site. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
General Terms
The Terms of Use and the resolution of any dispute related to the Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota without respect to its conflict of laws principles. The parties hereto consent to the exclusive jurisdiction of the courts of Minnesota and agree that venue of any action arising under this Agreement shall be in Hennepin County, Minnesota. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ChiroWay’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ChiroWay in writing. These Terms of Use constitute the entire agreement between you and ChiroWay with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
Contact Us
This Site is operated by ChiroWay Franchise, LLC. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: communications@chiroway.com.