Chiro Opportunity Terms of Use

 

Terms of Use

Use Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with Chiro Opportunity, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Chiro Opportunity content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Chiro Opportunity’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse Chiro Opportunity’s flagging or reporting processes. You agree not to collect Chiro Opportunity user information or interfere with Chiro Opportunity. You agree we may moderate Chiro Opportunity access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available Chiro Opportunity or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide Chiro Opportunity, (iii) combine or integrate Chiro Opportunity or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects Chiro Opportunity or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use Chiro Opportunity or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Liquidated Damages You further agree that if you violate the Terms of Use, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Chiro Opportunity users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Chiro Opportunity without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Chiro Opportunity – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Chiro Opportunity – the price per post applicable to that section of Chiro Opportunity; (F) sending an unauthorized/unsolicited email to an email address obtained from Chiro Opportunity – $25 per violation; (G) using Chiro Opportunity user information to make/send an unauthorized/unsolicited text message, call, or communication to a Chiro Opportunity user – $500 per text/call/communication; (H) creating a misleading or unlawful Chiro Opportunity account or buying/selling a Chiro Opportunity account – $4 per violation; (I) abusing or attempting to abuse Chiro Opportunity’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting Chiro Opportunity content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Chiro Opportunity in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

Disclaimers & Liability To the full extent permitted by law, International Chiropractors Association, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (1) make no promises, warranties, or representations as to Chiro Opportunity, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide Chiro Opportunity on an “AS IS” and “AS AVAILABLE” basis and any risk of using Chiro Opportunity is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Chiro Opportunity. Chiro Opportunity Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Chiro Opportunity, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

Claims & Indemnity Any claim, cause of action, demand, or dispute arising from or related to Chiro Opportunity (“Claims”) will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in San Francisco, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in San Francisco, CA; (2) indemnify and hold Chiro Opportunity Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of Chiro Opportunity; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

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