Terms of Service
Last updated: November 22, 2019
“User Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, reviews and any other content that you and/or other Website users or Subscribers post or otherwise make available on or through the Website, except to the extent the Content is owned by CLA. User Content does not represent the views of CLA or any individual associated with CLA, and we do not control User Content. In no event shall you represent or suggest, directly or indirectly, CLA’s endorsement of User Content. CLA does not vouch for the accuracy or credibility of any User Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Website. Through your use of the Website, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Website, you assume all associated risks.
User Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to CLA a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
You are prohibited from using the Website to post or transmit any User Content which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.
You agree to indemnify, defend, and hold harmless CLA, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms, any law or the rights of any third party.
ACCESS TO SERVICES
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, and a licensed health practitioner licensed in your jurisdiction of residence, to register with and use the Services.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and your right to access and use the Services is revoked where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation.
The availability of the Services is dependent on the third party from whom you received the App license, e.g., Apple Inc.’s App Store (“App Store”). You acknowledge that these Terms are between you and Chiropractic Leadership Alliance Inc. and not with Apple, Inc.
USING OUR SERVICES
- Application License. Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to download, install and use a copy of our App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
- Media Uploads. Certain features of the Services provided through the App require access to and use of your mobile device’s camera and media storage applications (e.g., to upload patient photos or practice logos). If you later decide to revoke this permission, you can do so by following the standard uninstall process and removing the App from your device. You hereby authorize the App to access such components of your mobile device. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES, MEDIA MAY BE SENT FROM YOUR MOBILE DEVICE TO CLA AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you submit, broadcast, upload and/or post will be subject to the terms applicable to Content, as described below. You hereby waive all rights to any media uploaded to CLA and grant CLA exclusive rights to use any uploaded media at their discretion.
- Open Source Software. Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, and the Apache License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
- License to You. Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that:
- You will not copy, distribute or modify any part of the Services without our prior written authorization;
- You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;
- You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
- You will not disrupt servers or networks connected to the Services; and
- You comply with these Terms.
Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.
SUBSCRIBING TO THE SERVICES
To enjoy access to the Synapse software and Services, and to continue using INSiGHT equipment, you must subscribe to the Services.
MAINTAINING Your Account
As a condition to using our Services, you are required to register with CLA. You may never use another’s account without the account owner’s prior permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account, by an e-mail to info@insightCLA.com.
You will be liable for any use made of your account or password and for our or others’ losses due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account. If we terminate your access to the Services or you delete your account, all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Services. CLA shall retain your information for a period of one (1) year following the termination of Services. You are responsible for knowing and complying with your obligations concerning maintenance and retention of medical records.
Do not misuse our Services.
By using the Services you agree NOT to:
- Create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand);
- Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts;
- Use or attempt to use another’s account or create a false identity; duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services (excluding your User Content) except as permitted in these Terms, or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;
- Adapt, modify or create derivative works based on the Services or technology underlying the Services, or other User Content (excluding your User Content), in whole or part;
- Rent, lease, loan, trade, sell/re-sell any information in the Services (excluding your User Content) in whole or part;
- Sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’);
- Remove, cover or otherwise obscure any form of advertisement included on the Services;
- Collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);
- Share other users’ or third party’s information or their User Content without their express consent;
- Infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
- Use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
- Access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services’ infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses through or on the Services; and/or
- Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
The content within the Services, including without limitation, videos, sounds, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, User Content (as defined below), and any other content on the Services (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are provided to you “AS IS”, without any representation and/or warranty.
All Content (except for User Content) is owned by CLA or its licensors, which includes materials protected by copyright, trademark, trade dress or patent laws. All trademarks, service marks and trade names (e.g., the CLA name and logos) are owned, registered and/or licensed by CLA. All content on the Services (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of CLA, its licensors, vendors, agents and/or its Content providers; all rights reserved. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Services may only be used for the intended purpose for which such Services are being made available. Except as may be otherwise indicated in specific documents within the Services, you are authorized to view, play, print and download documents, audio and video found on the Services for personal, informational, and noncommercial purposes only. This section shall survive any termination of these Terms.
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services.
All right, title, and interest in and to Services (including the Content and excluding User Content), including worldwide intellectual property rights therein, are and will remain the exclusive property of CLA and its applicable licensors. We reserve all rights not expressly granted in and to the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Website, CLA may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify CLA using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.
If you believe that your work has been improperly copied and posted on the Website, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give CLA legally sufficient notice of infringement. Send copyright infringement complaints to:
Chiropractic Leadership Alliance, Inc.
C/O Bongiovi Law Firm
Address: 2620 Regatta Dr. Ste 102
Las Vegas, NV 89128
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
The Services and all included content are provided on an “AS IS” basis without warranty of any kind, whether express or implied.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
Limitation of Liability and Assignment
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
IN ALL CASES AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; (iv) any claim that one of your User Content caused damage to a third party; or (v) your violation of any law or regulation concerning retention of medical records. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
These Terms shall be governed and construed by the laws of the State Nevada, USA, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Las Vegas, Nevada and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.
CLA reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. CLA also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Services. You understand and agree that some of your User Content, may continue to appear within the Services even after your User Content is removed or your account is terminated. These Terms remain in effect even after your account is terminated.
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Peloton Site from time to time:
- Subscriber License Agreement
In the event of a conflict between any policies posted on the Website or App and these Terms, these Terms will control. These Terms represents the entire understanding between CLA and you regarding the Services or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
This Agreement, and any schedules incorporated by reference herein, constitutes the full and complete statement of the agreement between the parties with respect to the subject matter hereof and supersedes any previous or contemporaneous agreements, understandings or communications, whether written or oral, relating to such subject matter. If Customer issues a purchase order, memorandum or other instrument covering a level of the Software as a Service, as defined in Schedule B, it is agreed that any terms and conditions contained therein that are additional to or inconsistent with this Agreement will not be binding upon the parties. This Agreement may not be varied other than in writing, executed by the duly authorized representatives of both parties. Client acknowledges that Client has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.