Rev. 5-06-18

ChiroSocialMediaPosts.com Terms of Use and Waiver (“Agreement”)

Please read these Terms of Use and Waiver Agreement completely. This Agreement documents the legally binding terms and conditions attached to the use of the service ChiroSocialMediaPosts.com. All references to “the service”, “service”, or “the website” mean ChiroSocialMediaPosts.com. “Content” refers text, photo’s, pictures, videos, illustrations, or other material that is characteristically posted on social media platforms.

 

1.General Terms

By subscribing to this service you are agreeing to be bound by the Terms of Use and Waiver, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using the service.

 

2. Authorization to Act as a Social Media Administrator

Subscribers may elect to allow ChiroSocialMediaPosts.com to be an administrator for their designated Facebook and/or other social media platform page(s). ChiroSocialMediaPosts.com will automatically post pre-defined content on behalf of the subscriber up to 20 times per month, generally Monday-Friday. Unless, otherwise specifically directed in writing, ChiroSocialMediaPosts.com will not post anything outside of the predefined content and will not respond to any follower’s interaction with the content. Active ChiroSocialMediaPosts.com subscribers may elect to post ChiroSocialMediaPosts.com content manually on Facebook or any other platform. Subscribers may revoke ChiroSocialMediaPosts.com’s authorization to automatically post new content by removing ChiroSocialMediaPosts.com’s designated representative as an administrator on their social media page, or by providing written notice to ChiroSocialMediaPosts.com.

 

3. Additional Terms of Subscription

ChiroSocialMediaPosts.com may offer a discounted first month subscription. After the initial one-month discounted rate, subscriptions will automatically transfer to a full-price, forty-nine dollar ($49.00), monthly subscription unless the member notifies ChiroSocialMediaPosts.com of his or her intent to cancel, in writing. ChiroSocialMediaPosts.com subscribing members agree to be billed and agree to pay monthly (or as designated at sign-up) as a condition of subscription to the service. A subscriber may cancel the service at any time by notifying ChiroSocialMediaPosts.com of his or her intent to cancel, in writing. Monthly subscription fees that have already been received by ChiroSocialMediaPosts.com will not be refunded, but billing for future months will cease upon notification of a member’s intent to cancel. ChiroSocialMediaPosts.com subscriptions may not be transferred at any time. One individual subscription may be used for one physical clinic location. Subscribers who have multiple clinic locations, will need to purchase one subscription for each location, regardless if those physical locations utilize common social media account(s).

ChiroSocialMediaPosts.com subscribing members agree that their access to and use of the service may be terminated without prior notice in ChiroSocialMediaPosts.com’ sole discretion for the member’s failure to pay subscription fees or any portion thereof. Any member or non-member’s access to or use of the service may be denied or terminated for any other breach of these Terms of Use or at the sole discretion of ChiroSocialMediaPosts.com.

 

4. Intellectual Property Rights

Original content is the sole property of ChiroSocialMediaPosts.com and is, as such, fully protected by any and all applicable national and international copyright and other intellectual property rights laws. Permission is granted to ChiroSocialMediaPosts.com subscribing members to use the content to promote their practice on any other social media platforms. This is the grant of a license, not a transfer of title, and under this license you may not, without express, prior written permission from ChiroSocialMediaPosts.com: remove any copyright or other proprietary notations from the materials; sell the materials; knowingly allow content to be used by non-subscribing chiropractors for promotion of their practice, or “mirror” the materials for commercial redistribution in any electronic or hard copy format other than as described herein. The license for use may automatically terminate if you violate any of these restrictions and may be terminated by ChiroSocialMediaPosts.com at any time. ChiroSocialMediaPosts.com subscribers agree that they will use ChiroSocialMediaPosts.com’s proprietary materials only during the time they are subscribers,andthattheywillimmediatelyceaseanddesistfuturepostingofChiroSocialMediaPosts.com proprietary materials when their subscription terminates.

 

5. Disclosure of Protected Health Information

Users acknowledge and understand that social media interaction is subject to HIPAA laws. Users agree to ensure that their interaction to social media followers posts will not disclose Protected Health Information (PHI). ChiroSocialMediaPosts.com assumes no liability or responsibility for Users’ compliance with HIPAA laws and rules, or Users’ compliance with any other laws and rules pertaining to patient confidentiality. Users agree that they fully release, waive and indemnify the sites from any and all claims against the sites for any claim arising from Users’ disclosure of PHI.

 

6.Content Waiver

The service makes every attempt to provide evidence-based, factual, and accurate content. A preview of content that is scheduled to be automatically uploaded to the subscriber’s social media account(s) will be emailed to the subscriber at least seven days prior to the start of the following month. All subscribers are responsible to use their own judgment and discretion as to whether content is appropriate to post or not. Subscribers who desire to omit any of the proposed posts, must contact ChiroSocialMediaPosts.com, in writing, at least three business days prior to the start of the following month with specific direction about any content that subscriber desires to omit.

ChiroSocialMediaPosts.com subscribers hereby fully release and waive any and all claims of any nature against ChiroSocialMediaPosts.com, such as claims involving patient care and business/practice management and marketing. The service is not liable for any claims based on results of patient care, treatment plans or actual treatment, or for results of any business, practice management or promotional tool obtained from the service. ChiroSocialMediaPosts.com may link some posts to relevant content or blog posts from other authors. Although all linked content is carefully screened, ChiroSocialMediaPosts.com cannot and does not warrant or make any representations concerning the accuracy, likely results, or reliability of posts that contain links to other authors blogs or content.

 

7.Exclusivity

As social media followers of a given business are not necessarily geographically arranged, the licensed use of ChiroSocialMediaPosts.com is not geographically exclusive. Subscribers acknowledge and agree that ChiroSocialMediaPosts.com may relay identical content to multiple subscribers each month. Lay or professional end-users who follow more than one ChiroSocialMediaPosts.com subscribers social media pages will likely view duplicate posts. Upon written request, ChiroSocialMediaPosts.com will attempt to vary and randomize the posting of content for two or more subscribers within the same geographic market.

 

8.Indemnification

ChiroSocialMediaPosts.com has designed and intends this service for use by health care providers who have accepted these Terms of Use. ChiroSocialMediaPosts.com provider users agree to indemnify and hold ChiroSocialMediaPosts.com, and it’s affiliate ChiroUp.com, harmless for any and all claims, judgments, awards or losses or any kind arising out of a patient’s claim for damages against ChiroSocialMediaPosts.com.

 

9.Limitations

In no event shall ChiroSocialMediaPosts.com or its suppliers, specifically including ChiroUp.com, be liable for any damages (including, without limitation, incidental damages of any kind, damages for loss of data or profit, or damages due to business interruption,) arising out of the use or inability to use the content, even if ChiroSocialMediaPosts.com has been notified orally or in writing of the possibility of such damage. In addition, users acknowledge that each state and region has different standards for professional conduct, including advertising, and users take responsibility for complying with the professional conduct and advertising laws of their own region. ChiroSocialMediaPosts.com shall have no liability for any complaint, investigation, or action against a user or the user’s professional license regarding professional conduct or advertising.

 

10.Terms of Use Modifications

ChiroSocialMediaPosts.com may revise these Terms of Use and Waiver and for its service at any time without notice. By using this service you are agreeing to be bound by the then current version of these Terms of Use and Waiver.

 

11.Claims and Governing Law for Misuse of Website

Users agree that they will be liable for monetary damages to ChiroSocialMediaPosts.com to the fullest extent of the law for any and all breach of these Terms. User also agrees to pay any and all attorney fees, costs of collection and/or costs of litigation incurred as a result of User’s breach. Any claim relating to website shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

 

 

I agree to abide by the ChiroSocialMediaPosts.com Terms of Use as outlined herein.