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Terms

Terms of Service

Date of Last Revision: November 9th, 2010

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use apply exclusively to your access to, and use of, the Web site of Discover Chiropractors ("Company", "us", "we", or "our"), located at www.discoverchiropractors.com (the "Site") and the information and other services provided therein (the "Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Site. If you do not accept such revisions to these Terms and Conditions, you should not use this Site and, if applicable, you should cancel your account with us.

1. Copyright
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We reserve the right to terminate membership privileges of any user who we believe infringes upon the intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe that your work has been posted on this Site in a way that constitutes copyright infringement, please provide our Copyright Agent (described below) with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on this Site; (d) your name, mailing address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Site should be sent to our Company (see Contact Us page).

2. Privacy Policy
Please see our Privacy Policy page for further information on how we collect, use, and protect your information.

3. Consent to Recieve E-mails
By using the Site, you consent to receive e-mails from us, which may include commercial e-mails provided such e-mails are in accordance with the preferences you select in the e-mail and notifications page of the My Account section of the Site. You may change such preferences by changing your account settings on the e-mail and notifications page of the My Account section of the Site. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related e-mails.

4. Indemnity
You agree to indemnify and hold Discover Chiropractors, our parents, affiliates (and their franchisees and licensees), and subsidiaries, and their respective officers, directors, equity holders, employees, agents, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneysí fees, made by you and/or any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.

5. Use Restrictions
This Site is for the personal use by our users and members only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized use of this Site, including collecting usernames and/or email addresses of users or members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to this Site will be investigated, and may result in the termination or cancellation of your access to, or use of, this Site. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Legal action may be taken by us for any illegal or unauthorized use of this Site. The following is a partial list of the kind of Content that is illegal or prohibited on this Site. We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates these Terms & Conditions, including without limitation, removing the offending Content from this Site and terminating the membership of such violators. Prohibited Content includes Content that:
i. Is unlawful, defamatory, libelous, offensive, abusive, tortuous, pornographic, profane, obscene, invasive, threatening, or promotes racism, bigotry, hatred, physical harm, or harassment of any kind against any group or individual or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, in each case as determined by Discover Chiropractors in its sole discretion.
ii. Fails to respect the rights, feelings and expressions of other members or users.
iii. Involves the transmission of "junk mail", "chain letters", "pyramid schemes", "spam", or any other form of unsolicited mass mailing, or involves self-promotion and commercial solicitation.
iv. Promotes an illegal or unauthorized use of another person's copyrighted work, patent, trade secret, or infringes upon the right of privacy or other proprietary right of any person, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed, copy-protect devices, or providing pirated music or links to pirated music files.
v. Contains any material that you do not have a right to transmit either by law, or under a contractual or fiduciary agreement.
vi. Provides instructional information about illegal activities such as making or buying illegal weapons, or transmitting, providing or creating computer viruses.
vii. Solicits passwords or personal identifying information for commercial or unlawful purposes from other members.
viii. Is in any way harmful to minors.
ix. Diverts users to another web site or prohibited diversion of traffic to another web site.
x. Attempts to manipulate this Site in any way, including by way of repeated posting to falsely position a thread, or otherwise disrupts the function of this Site, including any automated use of this Site, such as using scripts to add friends.
xi. Attempts to cover or obscure banner advertisements on your public profile page, or any Site page using HTML/CSS or any other means.
xii. Falsely states or misrepresents your identity or your affiliation with this Site, Discover Chiropractors, our affiliates or any other person or entity.
xiii. Otherwise does not exhibit maturity, self restraint, and respect for others at all times, including moderation in posting in our community.
xiv. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
xv. Is in violation of any applicable local, state, federal or international law.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related Content from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such Content.

You may not use this Site, or solicit other members or users of this Site, in connection with any fundraising activity, even if such fundraising is for charitable purposes. We have enacted this policy in an attempt to protect our members and users from fraudulent fundraising activity and solicitations that seek to exploit the goodwill of our Site and its users.

Although we cannot monitor the conduct of our users off of this Site, it is a violation of these Terms & Conditions to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member or user, without their prior explicit consent. In order to protect our members and users from such advertising or solicitation, we reserve the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number that we deem appropriate in our sole discretion.

You may not use the account, username, or password of another member at any time nor may you disclose your password to any third party or permit any third party to access your account.

You may not sell or otherwise transfer your profile.

6. Medical Disclaimer
Information posted or made available on or through the Site is intended for general informational purposes only and is not intended as medical advice. Such information should be used only as a starting point for addressing your medical issues. It is not a substitute for medical advice, diagnosis or treatment. You should not disregard medical advice from your doctor, or avoid obtaining medical care, due to any Health Information you obtain on the Site. You understand that questions and answers or other postings to the Site are not confidential and are not subject to doctor-patient privilege.

7. Limitation of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MEDICAL OUTCOMES, THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR DISCOVER CHIROPRACTORS.

8. Questions?
If you have any more questions regarding our Terms of Conditions, please refer to our Contact Us page and do not hesitate to contact us.

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