We are delighted to invite all members to enjoy this professional tool and growing community that comes along with being a member of ChiroSimple.
FEES. Your credit card will only be charged $89 upon signup and then monthly thereafter. Your regular $89 charge will continue indefinitely (charged monthly), which keeps your account open for you to use. Rest assured, your rate is grandfather in and will not go up in the event of a rate increases (which is likely). We are thrilled to offer this benefit to our loyal customers.
CANCELLATION OF MEMBERSHIP. You are of course able to cancel at any time and owe nothing. There are absolutely no refunds or pro-ratings offered. Simply, when you cancel, your account will be active through that billing cycle. At that time, assume your account (and all it’s contents) will be permanently deleted and unrecoverable, should you request information or choose to re-join at a later time. Therefore, please download all your records or ask us for assistance prior to cancellation. To cancel all you have to do is email us at: firstname.lastname@example.org and we will assist you.
1. Refunds in whole or in part are not given for either current or prior months membership. For example, if you canceled 20 days into your current 30 day cycle – you would not be due a refund for ’10 days worth pro-rated’ of membership. Likewise, if you did not access your account for a period of time, even though your billing continued, you are not due a retroactive refund for “unused membership”. It’s your responsibility to cancel if you’re not using your membership.
2. Cancellations are processed Monday – Friday from 9:00 a.m. to 3:00 p.m. U.S. PST, holidays excluded. Please submit your cancellation request at least 2 business days before your next billing due date. For example, if your billing date falls on Wednesday and you wish to cancel, please submit your cancellation request no later than 3:00 p.m. the previous Monday, US PST. If your billing date falls on Sunday, please submit your cancellation request no later than 3:00 p.m. the previous Thursday. If the “submit by” date is a holiday, then please allow one additional business day. This gives us time to process your request before your next billing cycle begins.
3. Upon cancellation – you will still have access to this site – until the date that your next payment would have been due. For example – if you canceled 10 days into your billing cycle – you would still be able to access this site for the next 20 days.
4. You may not be a ‘serial trial member’ – meaning that you cannot repeatedly join at the trial rate and then cancel and rejoin. You may be banned for this activity and reported to our payment processor.
a. Exchange Rate – for non U.S. members. The price for trial and monthly membership to this site is set in U.S. Dollars. If you are not in the U.S. – you will be billed at your local currency (i.e. the U.S. price will be exchanged to your currency). Any transaction involving a currency conversion is completed at a daily adjusted foreign exchange rate determined by our payment processor (and a wholesale foreign currency provider that the processor uses). This exchange rate may be higher than the wholesale interbank rate to cover the costs of obtaining and managing the currency. We do not control the exchange rate and have no influence or these values.
b. These terms and conditions may change at any time. It is your responsibility to remain current on their status and any changes, and your use of any services at ChiroSimple indicates your agreement to all terms and conditions both now and in the future.
A: SERVICES & LICENSE
Subject to the terms and conditions of this Agreement, ChiroSimple, LLC (“ChiroSimple”) hereby grants to Client the right to use the ChiroSimple services (the “Services”).
The Services and this Agreement may change from time to time, ChiroSimple reserve the right and sole discretion and without prior notice or liability, to alter the Services or any feature of the Services including, without limitation, (a) restricting the time of availability, (b) restricting the procedures for or amount of access or use permitted, (c) restricting or terminating Clients right to access and use the Service. Any change is effective immediately upon notice by phone call, electronic mail, or conventional mail. By continuing to use the Service, Client accepts any such changes. If any such changes (i) have a material adverse effect on the functionality of the Service, and (ii) are not acceptable to Client, Client may terminate this Agreement upon 2 days written notice without liability for any Termination Fee.
These services are provided on a monthly basis. The term will begin on the initial date of completed registration and will end 30-days from the date of the last successful charge to the Client’s credit card. ChiroSimple may terminate this contract at any time. No refund for unused time will be given.
See FEES above.
E: PROPRIETARY RIGHTS
Client acknowledges that ChiroSimple owns all intellectual property rights in the Service, including all software components and any associated documentation. The parties agree that, except as stated herein, this Agreement does not grant to Client any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the foregoing items of software and documentation.
F: LIMITATION OF LIABILITY
ChiroSimple is providing the services on an “as is” basis and makes no warranties, representations, express or implied, in fact or in law, including without limitation, any warranty as to merchantability or fitness for a particular use. Client acknowledges that the services are internet based, that interruptions and disruptions in the these services are common occurrences and that ChiroSimple shall not be liable in any way for any disruption, delay, or lack of service, regardless of the cause or the duration of such interruption or disruption. In no event will ChiroSimple be liable to Client for any indirect, special or consequential damages, including without limitation lost profits, lost data, or other losses resulting from the performance of this agreement. Client’s exclusive remedy for any breach of this Agreement is to terminate this Agreement.
Client shall defend, indemnify and hold harmless ChiroSimple, its members, managers, officers, agents, employees, successors and assigns from and against any and all claims, damages, losses, expenses, attorney’s fees, costs, liabilities and causes of action brought against ChiroSimple arising out of Client’s conduct of its business, use of the Service, or the breach of any provision of this Agreement.
Under no circumstances will ChiroSimple be liable for data entered into the Services by the Customer (“Client”). Customer is advised to exercise sound judgment and knowledge to ensure that the system is used in a manner consistent with its purpose and desired outcome. ChiroSimple does not make any independent representations or warranties with products provided by third parties. Any third party warranties are the exclusive remedies of the Customer with respect to such products. Each party agrees to keep confidential all the other party’s Confidential Information (whether written or oral) which it has obtained or received as a result of the discussions leading up to or the entering into, or obtains or receives in performance or during the term of, the Agreement; not to disclose the other party’s Confidential Information in whole or in part to any third party without the disclosing party’s written consent, save to those of its employees, agents and contractors involved in the implementation of this Agreement and who have a need to know the same and are bound to keep.
I: FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrections, terrorism, fires, floods, earthquakes, storms, explosions, acts of God, wars, governmental actions, material shortages, or any other cause beyond the reasonable control of such party.
J: GOVERNING LAW
This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Washington, excluding its conflict of law provisions.
In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for actions for nonpayment or breach of ChiroSimple’s proprietary rights in the Service, no action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action has accrued.
M: RELATIONSHIP BETWEEN THE PARTIES
ChiroSimple is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
Client may not assign this agreement without written consent of ChiroSimple.
O: PRODUCT REFERENCE
Client agrees, upon request and with reasonable notice from ChiroSimple to act in the capacity of a reference, discussing ChiroSimple products utilized and services received by Client, with potential ChiroSimple Clients.
P: ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party, no other act, document, usage or custom shall be deemed to amend or modify this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument.
See CANCELLATION OF MEMBERSHIP (above)
R: REFUND POLICY
Refunds in whole or in part are not given for either current or prior months membership. For example, if you canceled 20 days into your current 30 day cycle – you would not be due a refund for ’10 days worth pro-rated’ of membership. Likewise, if you did not access your account for a period of time, even though your billing continued, you are not due a retroactive refund for “unused membership”. It’s your responsibility to cancel if you’re not using your membership.
BUSINESS ASSOCIATE AGREEMENT (to protect you, the END USER).
This Privacy Agreement (“Agreement”), is effective upon electronically agreeing to these Terms of Service, thereby electronically signing this Agreement and is entered into by and between END USER (“Covered Entity”) and CHIROSIMPLE, LLC (the “Business Associate”). 1. Term. This Agreement shall remain in effect for the duration of this Agreement and shall apply to all of the Services and/or Supplies delivered by the Business Associate pursuant to this Agreement. 2. HIPAA Assurances. In the event Business Associate creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information (“PHI”) in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations (“HIPAA”) and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), Business Associate shall: (a) Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity; (b) Not use or further disclose the PHI, except as permitted by law; (c) Not use or further disclose the PHI in a manner that had END USER done so, would violate the requirements of HIPAA; (d) Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement; (e) Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the Covered Entity; (f) Report promptly to END USER any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware; (g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions; (h) Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations; (i) Account for PHI disclosures for up to the past six (6) years as requested by Covered Entity, which shall include: (i) dates of disclosure, (ii) names of the entities or persons who received the PHI, (iii) a brief description of the PHI disclosed, and (iv) a brief statement of the purpose and basis of such disclosure; (j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer’s compliance with HIPAA; and 2 | Page (k) Incorporate any amendments or corrections to PHI when notified by Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA. 3. Termination Upon Breach of Provisions. Notwithstanding any other provision of this Agreement, Covered Entity may immediately terminate this Agreement if it determines that Business Associate breaches any term in this Agreement. Alternatively, Covered Entity may give written notice to Business Associate in the event of a breach and give Business Associate five (5) business days to cure such breach. Covered Entity shall also have the option to immediately stop all further disclosures of PHI to Business Associate if Covered Entity reasonably determines that Business Associate has breached its obligations under this Agreement. In the event that termination of this Agreement and the Agreement is not feasible, Business Associate hereby acknowledges that the Covered Entity shall be required to report the breach to the Secretary of the U.S. Department of Health and Human Services, notwithstanding any other provision of this Agreement or Agreement to the contrary. 4. Return or Destruction of Protected Health Information upon Termination. Upon the termination of this Agreement, unless otherwise directed by Covered Entity, Business Associate shall either return or destroy all PHI received from the Covered Entity or created or received by Business Associate on behalf of the Covered Entity in which Business Associate maintains in any form. Business Associate shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, Business Associate shall provide to Covered Entity notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for Business Associate to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or expiration and such PHI shall be used or disclosed solely as permitted by law for so long as Business Associate maintains such Protected Health Information. 5. No Third Party Beneficiaries. The parties agree that the terms of this Agreement shall apply only to themselves and are not for the benefit of any third party beneficiaries. 6. De-Identified Data. Notwithstanding the provisions of this Agreement, Business Associate and its subcontractors may disclose non-personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified. 7. Amendment. Business Associate and Covered Entity agree to amend this Agreement to the extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the then most current version of HIPAA and the HIPAA privacy regulations. 9. Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them as outlined in HIPAA and its related regulations. 3 | Page 10. Survival. The obligations imposed by this Agreement shall survive any expiration or termination of this Agreement.
Copyright and Trademark Law
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of ChiroSimple LLC, which reserves all rights.
Limitation of Liability
THIS WEB SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS WEB SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS WEB SITE FORUMS AND THAT YOUR USE OF THIS WEB SITE, FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS WEB SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS WEB SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS WEB SITE , ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
ChiroSimple, LLC. 2018