Legal

Terms & Conditions

Last updated: April 15, 2023 · Applies to www.chiroceobook.com

As part of your registration process or by using the Data Driven Practice System ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms") that form a contract ("Agreement") between you and Data Driven Practice that governs your access and use of the Data Driven Practice online services and any related software, as well as the Privacy Policy and any other legal notices, conditions or guidelines provided by Data Driven Practice or posted on www.chiroceobook.com ("Site").

If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising to Data Driven Practice that you have the authority to bind that organization to the Terms.

You agree to use the Service at your own risk. Violation of any of the terms and conditions below will result in the termination of your account, including but not limited to the deletion, forfeiture, or relinquishment of any information or data added to the Service.

IF YOU DO NOT HAVE THE AUTHORITY OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE.

Should you have any questions concerning these Terms, please contact us at [email protected].

Changes to the Terms and Conditions

We reserve the right to update and change the Terms at any time without notice. Any new features that augment or enhance the current Service shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time by visiting www.chiroceobook.com/terms.

Access to Service / License

You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws. Data Driven Practice hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Data Driven Practice and its licensors.

You agree not to license, sublicense, sell, resell, transfer, assign, distribute or make any commercial exploitation of the Service, nor make the Service available to any third parties.

Account Terms

1. To obtain access to the Service, you must complete a registration form and provide true, accurate, current and complete information about yourself, including your legal full name and a valid email address.

2. You must be 13 years or older to use this Service.

3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

4. Your login may only be used by one person — a single login shared by multiple people is not permitted and may result in account termination.

5. You are responsible for maintaining the security of your account and password. Data Driven Practice cannot and will not be liable for any loss or damage from failure to comply with this security obligation.

6. You are responsible for all activity that occurs under your account. You may not use the Service for any illegal or unauthorized purpose.

Consent, Communication and Services

By registering with Data Driven Practice, you understand that we may send you communications regarding the Services, including notices about your use of the Services, updates, and promotional information. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided at the bottom of each email.

Information we collect from you may be used to:

a. Personalize your experience
b. Improve customer service
c. Process transactions
d. Send periodic emails and updates
e. Use testimonials in written, verbal, or video forms for the promotion of Data Driven Practice

Content Ownership

We claim no intellectual property rights over the Content you provide to the Service. Any Content provided remains yours. You, not Data Driven Practice, have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Content.

You hereby grant Data Driven Practice the right to use, modify, adapt, reproduce, distribute, display and disclose Content posted on the Service solely to the extent necessary to provide the Service or as otherwise permitted by these Terms.

Intellectual Property

All contents of the Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, and other files are Copyright © Data Driven Practice. All Rights Reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Data Driven Practice.

The trademarks, trade names, service names or logos associated with the Service are trademarks of Data Driven Practice or its licensors, and no right or license is granted to use them.

Payment, Refunds, Upgrading and Downgrading

1. A valid credit card is required for all accounts. You authorize us to charge you for the Service using your payment method.

2. Payments are due monthly, thirty (30) days from your registration date. If payment is not received, your account will be frozen until all outstanding payments have been processed.

3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service.

4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes.

5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Data Driven Practice does not accept any liability for such loss.

Cancellation Policy and Termination

1. You are solely responsible for properly canceling your Account. You must email [email protected] to cancel your Account. There are no refunds or credits for partial months of service.

2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

3. Data Driven Practice, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time.

4. Data Driven Practice reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Data Driven Practice reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. Prices of all Services are subject to change upon 30 days notice from us. Data Driven Practice shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Acceptable Use

You must not use the Service to harm others or the Service. You must not damage, disable, overburden, or impair the Service; resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service; or use any automated process to access or use the Service.

You agree not to:

a. Modify, alter, tamper with, or create derivative works of the Service
b. Reverse engineer, disassemble or decompile the Service
c. Sell, lend, rent, resell, lease, sublicense or transfer any rights granted to you
d. Remove or obscure any proprietary rights notice pertaining to the Service
e. Use the Service to send unsolicited or unauthorized junk mail, spam, or chain letters
f. Store or transmit any unlawful, defamatory, threatening, pornographic, or otherwise objectionable material
g. Interfere with or disrupt servers or networks used by Data Driven Practice to provide the Service

HIPAA Compliance

You will ensure that your use of the Service complies with applicable law, including but not limited to laws relating to maintenance of privacy, security, and confidentiality of patient and other health information. You agree to implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Service.

By using the Service, you consent to the terms of the Business Associate Agreement ("BAA") and agree to protect any information received through such communication services in accordance with the terms of such Business Associate Agreement.

No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". DATA DRIVEN PRACTICE AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Indemnification

To the extent permitted by law, you will defend and hold harmless Data Driven Practice, including its parents, subsidiaries, affiliates, officers, directors, agents, employees, contractors, licensors, and other partners, from and against any claim, demand, judgment, liability, costs, or expense arising from your breach or alleged breach of this Agreement, or your violation of any applicable law, rule, or regulation.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DATA DRIVEN PRACTICE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE AGGREGATE LIABILITY OF DATA DRIVEN PRACTICE WILL BE LIMITED TO THE GREATER OF THREE MONTHS OF YOUR SERVICE FEE OR FIVE DOLLARS ($5.00).

Governing Law

You are contracting with Data Driven Practice with an address at 6543 N Landmark Drive, Park City, UT 84098, USA. The laws of the State of Utah, U.S.A. govern the interpretation of these Terms and apply to claims for breach of these Terms. You and we irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Davis County, Utah, USA, for all disputes arising out of or relating to the Service or these Terms.

Notices

We may send you, in electronic form, information about the Service and information the law requires us to provide. You may provide legal notice to us via email to [email protected], with a duplicate copy sent via registered mail to: Data Driven Practice, Attn: Legal Team, 6543 N Landmark Drive, Park City, UT 84098.

General Conditions

1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

2. Technical support is only provided to paying account holders and is only available via email or the in-app support button.

3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Data Driven Practice.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission of Data Driven Practice.

5. The failure of Data Driven Practice to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and Data Driven Practice and govern your use of the Service.

6. Data Driven Practice and you are not legal partners or agents; instead, our relationship is that of independent contractors.