Use of ChiroCloud™
ChiroCloud™ TERMS OF USE
ChiroCloud™ is a digital health records management system that doctors can use to store patient records. It is based on a secured web application service that incorporates all patient records into stored and encrypted locations on certified sites. It is owned by Chiro Cloud, LLC and licensed to you under these terms of use.
Chiro Cloud, LLC reserves the right to send periodic updates to the email address of each registered user about new services and product updates. The user has the ability to opt out from receiving this information by following the instructions included on each email.
Privacy and Data Security
Chiro Cloud, LLC will only use personal information as permitted by its Privacy Policy. This Privacy Policy may be changed from time. As a registered user, you acknowledge that you expressly agree to this Privacy Policy.
Interruption and Errors
Chiro Cloud, LLC does not guarantee that the system will be uninterrupted or error- free. Chiro Cloud, LLC may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice. The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. Chiro Cloud, LLC shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.
Intellectual Property Rights
The materials made available on the web site are the intellectual property of Chiro Cloud, LLC and/or third parties. Chiro Cloud, LLC reserves all copyright, trademark, and other intellectual property rights to these materials.
As a registered user, you are permitted to use this website and the materials presented here for internal purposes only. You are not permitted to copy, paste, resell, redistribute or transmit any portion of information or content of this program without the written permission of Chiro Cloud, LLC. This site and its content may not be reverse engineered, and its look and feel may not be duplicated.
As a registered user, you expressly agree to honor these intellectual property rights.
Disclaimer of Warranties
CHIRO CLOUD, LLC MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED 'AS IS.' ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, IN SUCH CASE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CHIRO CLOUD, LLC SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT CHIRO CLOUD, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH CASE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event given rise to the claim occurred. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
Governing Law
This Agreement will be interpreted and construed in accordance with the laws of the State of Oklahoma and the United States of America, without regard to conflict of law principles. Any dispute arising under or in connection with this Agreement or related to any matter which is the subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Tulsa, Oklahoma.
Miscellaneous
This Agreement is only for the benefit of you and Chiro Cloud, LLC. No third party has any right, claim or interest under this contract as a third party beneficiary.
You may not assign or transfer your rights or obligations under this contract.
Delay or failure to enforce any terms of this Agreement is not a continuous waiver of such terms.
If any terms of this Agreement are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.
This is the entire Agreement between you and Chiro Cloud, LLC with respect to your access to the ChiroCloud™ digital health record management system.
Headings are used for convenience and are not to be used for meaning or intent.