Welcome to the Chirodirectory.com web site (the "Site"), provided by National Directory of Chiropractic, Inc. ("NDC") doing business as Chirodirectory.com ("Chirodirectory"). This Agreement contains terms and conditions upon which you ("you," or "the user") may access the valuable information and services available through this website. By entering this Site or the links accessible through this Site, you confirm that you understand and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding. If you do not agree with the terms in this Agreement you will exit the Site.
Limitation of Liability and Warranty
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER NDC NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
NDC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING SEPARATE AGREEMENTS MADE WITH THIRD PARTY HEALTH CARE PROVIDERS OR VENDORS. YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY HEALTH CARE PROVIDERS AND THIRD PARTY VENDORS FOR ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED BY SUCH PARTIES.
NEITHER NDC NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED FROM THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO YOUR PERSONAL USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
Grant of License
This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use the Site, conditioned by continued compliance with the terms and conditions of this Agreement.
All materials on this Site, including the Site's design and organization, are owned and copyrighted by The National Directory of Chiropractic, Inc. and are protected by U.S. and international copyrights. The contents of and all materials distributed in conjunction with the Site, including the graphical display of any health care provider information, are copyright (c) 2006 by The National Directory of Chiropractic and/or its suppliers with all rights reserved. NDC also owns a copyright on the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any health care provider information or any other content generated by the Site without written consent from The National Directory of Chiropractic is expressly prohibited. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site, with the following exception: You may display, and print one electronic copy of content provided by NDC for your personal use. You may not, without The National Directory of Chiropractics written permission, "mirror" or "frame" any material contained on this Site. Chirodirectory.com, and all other names, logos, and icons identifying products and services are proprietary marks of The National Directory of Chiropractic, Inc., and any use of such marks without the express written permission of NDC is strictly prohibited (including without limitation use of such marks in connection with republication or citation of the rankings contained in the Site). Please be aware that NDC actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Requests for The National Directory of Chiropractics permission to publish, copy, reproduce, distribute, transfer or otherwise use any materials contained in the Site should be e-mailed to email@example.com.
The National Directory of Chiropractic, Inc. makes this Site available and free to all users for the exclusive purpose of providing chiropractic directory services.
Proprietary Rights in Databases
Links to Other Websites
This Site also includes links to other websites created and maintained by The National Directory of Chiropractics advertisers. Be aware that The National Directory of Chiropractic, Inc. does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, completeness or appropriateness of the information contained on these or any other websites. The National Directory of Chiropractic, Inc. is not responsible for the privacy practices of other websites.
Further, the inclusion of these links is merely for the convenience of the viewer and is not intended and does not reflect The National Directory of Chiropractics opinion on the accuracy or the importance of these other websites; further, The National Directory of Chiropractic, Inc. does not endorse in any manner the views expressed in, or products or services offered by this Site or these other websites.
The chiropractors advertising on the Site may have licensing requirements that must be met before they can provide services in various states. The National Directory of Chiropractic, Inc. has not verified the licensing restrictions of chiropractors advertising on this Site.
All information on the Site, or associated or linked to the Site, is extracted, read, used, and relied upon by you at your own risk. This is merely an online directory. Further, the fact that an advertiser on the Site is listed as a "Sponsor" as or a "Member", or is otherwise prominently featured, is not an endorsement by The National Directory of Chiropractic, Inc. or the Site. It is simply because the advertiser has paid for such prominent listing.
NDC is not a medical referral service, and does not recommend or endorse any particular health care provider or medical service of any kind. NDC does not offer advice regarding the quality or suitability of any particular health care provider for chiropractic care, medical treatment or for any health condition, and no information on the Site should be construed as health or medical advice. NDC EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE SOURCE, AND FOR ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY HEALTH CARE PROVIDER FEATURED ON THE SITE.
This Site may not be used as a supplement or alternative for health care, and is not intended and does not guarantee the quality or quantity of services of the advertisers identified (specifically including, without limitation, chiropractors); further, any information provided is merely for educational purposes, and its accuracy is not guaranteed. Do not use the Site as a substitute for medical care.
Please consult with your physician, chiropractor or other medical care provider regarding any medical questions you may have. This Site may not be used for medical diagnosis or treatment. Do not use this Site to disregard any medical advice, nor to delay seeking medical advice, because of something you read or see on this Site.
Third Party Content
Certain materials from third party vendors and IIPs including but not limited to health care information, product reviews, news, data, research, analysis, and opinions, may be made available as part of the Site or through links from the Site. The third party vendors and IIPs have represented to NDC that they obtained such information from sources believed by them to be reliable. NDC makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, or correct sequencing of, such third party vendor or IIP content. Likewise, NDC does not endorse, oppose, or edit any opinion or analysis expressed by a third party vendor or an IIP, and disclaims responsibility and liability for third party vendor and IIP provided materials.
Permission to Use Submissions
By transmitting or posting any suggestions, information, material, or other content (collectively, "content") to Chirodirectory.com, you automatically grant NDC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, NDC is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services.
Confidentiality on Internet
Use of the internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While NDC has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to Chirodirectory.com via the internet cannot be guaranteed. Consequently, NDC and its affiliates are not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. To ensure private and personalized attention, contact NDC at: The National Directory of Chiropractic, Inc., 406 East 300 South, Box 305, Salt Lake City, Utah 84111.
Security of Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. NDC reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site.
Changes in Service
While NDC strives to provide the most accurate, up to date information available, the Databases and materials on the Site may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; NDC will not be liable or responsible for any such inaccuracies, errors, changes, or updates. NDC also reserves the right to change and/or discontinue its currently provided services at any time, for any reason.
You agree to defend, indemnify, and hold harmless NDC, Inc. and its affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of this Agreement.
The Site, in some cases, allows the user to directly email chiropractors. By using this function, you agree that your email is not confidential for all purposes and automatically grant The National Directory of Chiropractic, Inc. a license to transmit such email to the chiropractor. Do not include confidential or personal information when using the email function on the Site.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall The National Directory of Chiropractic, Inc. or its officers, directors, shareholders, employees, agents or affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, physical damage or injury, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this Site, with the delay or inability to use this Site, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this Site, even if advised of the possibility of such damages.
With respect to products, goods, or services purchased from any person or entity identified, listed, named in or contacted through the Site, or any links to other The National Directory of Chiropractic, Inc. websites, in no event shall The National Directory of Chiropractic, Inc. or its officers, directors, shareholders, employees, agents or affiliates be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, physical damage or injury, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless The National Directory of Chiropractic, Inc. and its officers, directors, shareholders, employees, agents and affiliates from any liability, loss, claim and expense (including reasonable attorneys' fees) arising out of or related to your violation of this Agreement or use of this Site in any manner.
Your use of this Site shall constitute your acceptance of the terms of this Agreement, as amended, if any, each and every time you access this Site. The National Directory of Chiropractic, Inc. may amend this Agreement at any time in its sole discretion, and such amendments shall be effective immediately upon posting of the amended Agreement.
This directory resource allows you to find chiropractors in your area by various means including, without limitation, linking you to individual chiropractors websites. We understand that your medical information is personal to you. However, we have no control over the information contained on a chiropractor's website and in linking you to a chiropractor's website, we do not warrant that any medical information provided by you will be protected or treated in a manner complying with privacy laws including, without limitation, the Health Insurance Portability and Accountability Act of 1996, regulations enacted thereunder, or other applicable international, federal, or state laws.
NDC and its affiliates will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
The National Directory of Chiropractics failure to insist upon strict enforcement of any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.