1. General Terms
2. Additional Terms of Subscription
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.
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 in 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 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 StretchDemo.com 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 User may disclose patient PHI and email addresses to ChiroUp.com for these purposes. Users agree to obtain valid, 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 Agreement with each User who discloses PHI. However, ChiroUp.com and StretchDemo.com 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
Subscriber members 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 who are highly satisfied with treatment 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 patient’s Subcriber member doctor. ChiroUp.com subscribers may opt out of the Outcome Tracker program at any time by selecting the “Opt out” of Outcome Tracker Box on the subscribers 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 member’s 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, subscriber agrees to accept full legal responsibility and liabililty 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.
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. Provider Users acknowledge and agree that they, and not ChiroUp.com, are responsible for patient care. 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.
In no event shall ChiroUp.com, StretchDemo.com 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 StretchDemo.com 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.
11. Modification of Website
ChiroUp.com may make changes to the materials contained on its websites at any time without notice.
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. User also agrees to pay any and all attorney fees, costs of collection and/or costs of litigation incurred as a result of User’s breach. Any claim relating to website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
Subscriber ____________________________________________ Date ___________________