Terms of use

INTRODUCTION

Please read these terms of use carefully before using our website.

 

These Terms of Use and the Privacy Policy apply to the websites of the Align
for Life healthcare clinic and their affiliated companies (“we,” “us,” or “our”),
including, without limitation, www.alignforlife.com. By visiting any of our
websites, you are accepting these Terms of Use and the Privacy Policy,
including any amendments which may be made from time to time without
notice to you other than an updated posting on our websites. Any such
amendment to these Terms of Use will be effective ten (10) calendar days
following our posting of notice of the changes on our websites and shall apply
to all stored data if you do not object in writing to us at the address below
within such ten-day period. If you do not agree to these Terms of Use or
Privacy Policy, or any revisions to them, do not use our websites.
You acknowledge that these Terms of Use are supported by reasonable and
valuable consideration, the receipt and adequacy of which are hereby
acknowledged. Without limiting the generality of the foregoing, you
acknowledge that such consideration includes your use of our websites and
receipt of data, materials, and information available at or through our
websites, the possibility of our use or display of your Submissions (as defined
below) and the possibility of publicity and promotion from our use or display of
your Submissions.


USE OF CONTENT


All information, materials, functions and other content (including Submissions,
as defined in Section 3 below) (“Content”) contained on our websites are our
copyrighted property or the copyrighted property of our licensors or licensees.
All trademarks, service marks, trade names, and trade dress are proprietary to
us and/or our licensors or licensees. We may change the websites or delete
Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from our websites may
be used, reproduced, transmitted, distributed or otherwise exploited in any
way other than as part of our websites, except that where our websites are
configured to enable the download of particular Content, you may download
one copy of such Content to a single computer for your personal,
noncommercial home use only, provided that you (a) keep intact all copyright
and other proprietary notices, (b) make no modifications to the Content, and
(c) do not use the Content in a manner that suggests an association with any
of our products, services or brands. Any business use, “re-mailing” or
high-volume or automated use of our websites is prohibited.


SUBMISSIONS


In these Terms of Use, we use the word “Submissions” to mean text,
messages, suggestions, stories, testimonials, photographs, videos,
audiovisual works, your and/or other persons’ names, likenesses, voices,
usernames, profiles, actions, appearances, and/or other biographical
information or material, and/or other similar materials that you submit, post,
upload, embed, display, communicate or otherwise distribute (collectively,
“Distribute”) on or through any of our websites.
You agree that any Submissions you make are not being made in confidence
or trust and that no confidential or fiduciary relationship is intended or created
between you and us in any way, and that you have no expectation of any
review, compensation or consideration of any type.
Accordingly, we, our licensees, distributors, agents, representatives and other
authorized users shall be entitled to exploit and disclose all Submissions, and
we shall not be liable to you or to any person claiming through you for any
exploitation or disclosure of any Submissions.


LICENSES AND REPRESENTATIONS


You hereby grant us and our licensees, distributors, agents, representatives
and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid,
royalty-free, sub-licensable and transferable (in whole or part) worldwide
license under all copyrights, trademarks, patents, trade secrets, privacy and
publicity rights and other intellectual property rights you own or control to use,
reproduce, transmit, display, exhibit, distribute, index, comment on, modify,
create derivative works based upon, perform and otherwise exploit such
Submissions, in whole or in part, in all media formats and channels now
known or hereafter devised (including on our websites, on third party
websites, on our broadband and wireless platforms, products and services,
and on physical media) for any and all purposes including entertainment,
news, advertising, promotional, marketing, publicity, trade or commercial
purposes, all without further notice to you, with or without attribution, and
without the requirement of any permission from or payment to you or to any
other person or entity (the “Submissions License”).
By communicating a Submission, you represent and warrant that the
Submission and your communication thereof conform to the Rules of Conduct
(set forth below in Section 7 below) and other requirements of these Terms of
Use and that you own or have the necessary rights, licenses, consents and
permissions, without the need for any permission from or payment to any
other person or entity, to exploit, and to authorize us to exploit, such
Submission in all manners contemplated by these Terms of Use (including the
Submissions License). These Terms of Use (including the Submissions
License) do not limit any past or future grant of rights, consents, agreements,
assignments and waivers you may have made or make with respect to
Submissions.
To the extent that we solicit Submissions through features or activities on or
through our websites (including chiropractic “success stories,” games,
sweepstakes, contests, promotions and Public Forums (defined in Section 6
below) that require the use of our copyrighted works (in whole or in part), we
hereby grant you a non-exclusive license to create a derivative work using our
copyrighted works (in whole or in part) as required (but only as required, and
only for the purpose of creating your Submissions); provided however, that
such license shall be conditioned upon your assignment of all rights in the
work you create to us. If such rights are not assigned to us, your license to
create derivative works using our copyrighted works (in whole or in part) shall
be null and void. You agree to the foregoing grant of rights, consents,
agreements and assignments whether or not your Submissions are used by
us.
You hereby appoint us as your agent with full power to enter into and execute
any document and/or do any act we may consider appropriate to confirm the
grant of rights, consents, agreements, assignments and waivers set forth in
these Terms of Use.
To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the
Submissions exist and are not exclusively owned by us, you agree not to
enforce any such rights as to us or our licensees, distributors, agents,
representatives and other authorized users, and you shall procure the same
agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of
rights, consents, agreements, assignments, and waivers you may make with
respect to Submissions, you hereby ratify any prior grant of rights, consents,
agreements, assignments and waivers made by you with respect to
Submissions submitted by you to us.


ACCOUNTS


Some services on our websites permit or require you to create an account to
participate or to secure additional benefits. You agree to provide, maintain and
update true, accurate, current and complete information about yourself as
prompted by our registration processes (the “Registration Data”). You shall not
impersonate any person or entity or misrepresent your identity or affiliation
with any person or entity, including using another person’s username,
password or other account information, or another person’s name, likeness,
voice, image or photograph. You also agree to promptly notify us at
913-356-9088 of any unauthorized use of your username, password, other
account information, or any other breach of security that you become aware of
involving or relating to any of our websites. In addition, you agree to exit from
your account at the end of each session.
We may suspend or terminate your account and your ability to use any of our
websites or portion thereof for failure to comply with these Terms of Use or
any special terms related to a particular service, for infringing copyright, or for
any other reason whatsoever.


PUBLIC FORUMS AND COMMUNICATION


“Public Forum” means an area, website or feature which may be offered as
part of our websites that offers the opportunity for users to Distribute
Submissions for viewing by one or more websites users, including a chat
area, message board, instant messaging, mobile messaging, social
community environment, profile page, conversation page, or blog.
You acknowledge that Public Forums and features offered therein are for
public and not private communications, and you have no expectation of
privacy with regard to any Submission to a Public Forum. We cannot
guarantee the security of any information you disclose through any of these
media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you
Distribute on or through our websites or otherwise by you or under your
username in any Public Forum and for the consequences of submitting and
posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you
acknowledge that the use of any Submission posted in any Public Forum is at
your own risk. For example, we are not responsible for, and we do not
endorse, the opinions, advice or recommendations posted or sent by users in
any Public Forum and we specifically disclaim any and all liability in
connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove,
modify or otherwise use or take any action with respect to Submissions you
Distribute.


RULES OF CONDUCT


The following Rules of Conduct apply to our websites. By using our websites,
you agree that you will not Distribute any Submission that:
(a) is defamatory, abusive, harassing, threatening, or an invasion of
a right of privacy of another person; (b) is bigoted, hateful, or racially
or otherwise offensive; (c) is violent, vulgar, obscene, pornographic
or otherwise sexually explicit; or (d) otherwise harms or can
reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion
of illegal activities with the intent to commit them, including a
Submission that is, or represents an attempt to engage in, child
pornography, stalking, sexual assault, fraud, trafficking in obscene
or stolen material, drug dealing and/or drug abuse, harassment,
theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright,
patent, trademark, trade secret or other proprietary or contractual
rights; (b) right of privacy (specifically, you must not distribute
another person’s personal information of any kind without their
express permission) or publicity; or (c) any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any
products, services or otherwise (whether or not for profit), or solicits
others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers
with, impairs or damages our websites or any connected network, or
otherwise interferes with any person or entity’s use or enjoyment of
our websites; or
(a) does not generally pertain to the designated topic or theme of
the relevant Public Forum; (b) violates any specific restrictions
applicable to a Public Forum, including its age restrictions and
procedures; or (c) is antisocial, disruptive, or destructive, including
“flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those
terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with
the foregoing Rules of Conduct or any other provisions of these Terms of Use,
and, as between you and us, you hereby assume all risk of harm or injury
resulting from any such lack of compliance.


COOPERATION; REMOVAL OF SUBMISSIONS


We reserve the right, but disclaim any obligation or responsibility, to (a) refuse
to post or communicate or remove any Submission from our websites that
violates these Terms of Use (including the Rules of Conduct) and (b) identify
any user to third parties, and/or disclose to third parties any submission or
personally identifiable information, when we believe in good faith that such
identification or disclosure will either (i) facilitate compliance with laws,
including, for example, compliance with a court order or subpoena, or (ii) help
to enforce these Terms of Use (including the Rules of Conduct) and/or protect
the safety or security of any person or property, including our websites.
Moreover, we retain all rights to remove Submissions at any time for any
reason or no reason whatsoever.

CONTENT ACCESSIBLE THROUGH LINKS FROM OUR WEBSITES


You should be aware that when you are on our websites, there may be links to
other websites that take you outside of our service to websites that are
beyond our control, such as banner advertisements and links from
advertisers, sponsors and content partners that may use our logo(s) as part of
a co-branding relationship. You acknowledge that when you click on any of the
aforementioned links, the websites you are taken to are not controlled by us;
different terms of use and privacy policies may apply, and we are not
responsible for such websites. We do not endorse and cannot ensure that you
will be satisfied with any products or services that you purchase from
third-party websites that link to or from our websites or third-party Content
contained on our websites. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any third parties. We cannot be held
responsible for the accuracy, relevance, legality or decency of material
contained on websites retrieved in searches and/or listed in search results or
identified on search results pages.


DISCLAIMERS


THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO OUR
WEBSITES OR ANY THIRD PARTY WEBSITES OR SERVICES LINKED TO
OR FROM OUR WEBSITES IS PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY,
COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT
ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL
BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT
OUR WEBSITES OR THE SERVERS THAT MAKE SUCH CONTENT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY
IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO
CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY
WEBSITES (INCLUDING CREDIT CARD AND OTHER PERSONAL
INFORMATION).
Furthermore, the Content is not intended to be a substitute for professional
medical advice. Always seek the advice of your physician with any questions
you may have regarding a medical condition. If you think you may have a
medical emergency, call your doctor or 911 immediately. Reliance on any
information appearing on our websites is strictly at your own risk. Our
websites may contain the opinions and views of other users. Given the
interactive nature of these websites, we cannot endorse, guarantee, or be
responsible for the accuracy, efficacy, or veracity of any content generated by
our users.
The content of our websites is intended for educational and entertainment
purposes only. Such content is not intended to, and does not, constitute legal,
medical or healthcare, or other professional advice or diagnosis, and may not
be used for such purposes. Always seek the advice of your physician with any
questions you may have regarding a medical condition. You should not act or
refrain from acting on the basis of any content included in, or accessible
through, our websites without seeking the appropriate legal, medical or
healthcare, or other professional advice on the particular facts and
circumstances at issue.


INDEMNIFICATION


You are responsible for maintaining the confidentiality of your username(s),
password(s), and your account(s), as well as all activities that occur under
your account(s). You hereby agree to indemnify, defend, and hold us, our
licensors, licensees, distributors, agents, representatives and other authorized
users, and each of the foregoing entities’ respective resellers, distributors,
service providers and suppliers, and all of the foregoing entities’ respective
officers, directors, managers, members, owners, employees, agents,
representatives and assigns (collectively, the “Indemnified Parties”) harmless
from and against any and all losses, damages, liabilities and costs (including
settlement costs and any legal or other fees and expenses for investigating or
defending any actions or threatened actions) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of these
Terms of Use or claims arising from your use of our websites. You shall use
your best efforts to cooperate with us in the defense of any claim. We reserve
the right, at our own expense, to employ separate counsel and assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you.


LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE,
OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING
ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS,
PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF
ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF,
RELIANCE ON, OR THE INABILITY TO USE, OUR WEBSITES OR
CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR
OFFLINE, OF ANY USER OF OUR WEBSITES OR ANY OTHER PERSON
OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED
$100 FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED
TO OUR WEBSITES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL
WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING
ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE
PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR
FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY
FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR
THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER
ACCESS TO OUR WEBSITES OR CHANGE OUR WEBSITES OR DELETE
CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY
REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF
USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.

JURISDICTIONAL AND VENUE ISSUES


You agree that any action at law or in equity arising out of or relating to these
Terms of Use or our websites shall be filed, and that venue properly lies, only
in state or federal courts located in Johnson County, Kansas, and you hereby
consent and submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. We make no representation that Content on our
websites is appropriate or available for use in any particular location. Those
who choose to access our websites do so on their own initiative and are
responsible for compliance with all applicable laws including any applicable
local laws.


AMENDMENT


At any time, we may amend these Terms of Use (including by modification,
deletion and/or addition of any portion thereof). If we make a material
amendment to these Terms of Use, we will notify you of such amendment by
posting notice of such amendment on our websites to which these Terms of
Use apply. Any such amendment to these Terms of Use will be effective ten
(10) calendar days following our posting of notice of the changes on our
websites and shall apply to all stored data if you do not object in writing to us
at the address below within such ten-day period.


PRIVACY POLICY


Our Privacy Policy is hereby incorporated into these Terms of Use.


GENERAL PROVISIONS


These Terms of Use shall be governed by and construed in accordance with
the laws of the State of Kansas and the laws of the United States, without
giving effect to any principles of conflicts of law. If any provision of these
Terms of Use shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions. No waiver
of any provision of these Terms of Use by us shall be deemed a further or
continuing waiver of such provision or any other provision, and our failure to
assert any right or provision under these Terms of Use shall not constitute a
waiver of such right or provision. In these Terms of Use, the word “including” is
used illustratively, as if followed by the words “but not limited to.” YOU AGREE
THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR
RELATED TO THESE TERMS OF USE OR OUR WEBSITES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED.


OUR CONTACT INFORMATION


Webmaster
Align for Life
7199 W 98th Terr, STE 130
Overland Park, KS 66212
(913)356-9088

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