TERMS AND CONDITIONS FOR CUSTOMERS
Effective Date: March 31, 2022
Thank you for using Axiom Chiropractic PC to help you with your general wellness needs. These Terms and Conditions for Customers (“Terms”) are a binding legal agreement between you and Axiom Chiropractic PC. The Terms govern your use of our Platform and our Services. All capitalized terms used in these Terms are defined below.
- Credentials means certain registration details or other personally identifiable information, including contact information, username, and password for you to access our Platform.
- Customer, you, and your refers to you, the customer, accessing our Platform.
- Axiom Chiropractic PC, we, us, and our refers to Axiom Chiropractic PC, a South Dakota limited liability company.
- Platform means the Website, applications, Services review tools, interactive online experiences, and Axiom Chiropractic PC’s social media accounts, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, LinkedIn, Tiktok, or Google.
- Platform Content means any written, illustrative, graphical, or photographic content posted by you, us, or any third-party on any part of our Platform.
- Services means the services offered to Customers through our Platform, including online questionnaires, Lifestyle Health Risk Assessment(s), online or in-person coaching session(s), and webinars.
- Supplemental Information means the Supplemental Information for international Customers and any future updates to the Supplemental Information.
- Terms means these Terms and Conditions for Customers and any future updates to these Terms and Conditions.
- Third-Party Services means any third-party websites, applications, services, or resources contained within the Platform.
- Third-Party Vendor means any third-party we hire to assist in running our business, creating or providing the Platform Content, or creating or updating the Platform.
- Website means https://axiom-chiropractic.com or any successor website for Axiom Chiropractic PC.
Nature of Our Relationship:
By using our Platform, you can connect with a coach who will help you with general wellness needs. You must register an account to access and use many features of our Platform. Axiom Chiropractic PC is not acting as your agent or the agent of any coach or third party with whom you enter into an agreement. By using the Platform you are agreeing we may provide your personal information to our coaches consistent with our Policies.
Consent to Terms:
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE PLATFORM FOR OUR SERVICES, YOU AGREE YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR PLATFORM OR SERVICES.
If you are using the Services or Platform on behalf of an organization, you are agreeing to these Terms for that organization and warranting you have the authority to bind the organization to these Terms. In that case, “you” and “your” will refer to the organization.
Nature and Limitations of Services and Disclaimers:
THE SERVICES CONSIST OF GENERAL WELLNESS SERVICES ONLY AND ARE NOT COVERED BY INSURANCE. AXIOM CHIROPRACTIC PC IS NOT PROVIDING ANY MEDICAL OR CHIROPRACTIC ADVICE THROUGH THE PLATFORM OR SERVICES. THE SERVICES ARE NOT MEDICAL CARE AND ARE NOT A REPLACEMENT FOR MEDICAL CARE. THE SERVICES PROVIDED ARE EXPERIMENTAL ONLY. AXIOM CHIROPRACTIC PC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, PROMISES, OR GUARANTEES AS TO THE EFFECTIVENESS OF ITS SERVICES IN TREATING ANY PARTICULAR MEDICAL CONDITION OR DISEASE.
AS A CONDITION OF RECEIVING SERVICES, ALL CUSTOMERS ARE REQUIRED TO MAINTAIN A RELATIONSHIP WITH A PRIMARY CARE PROVIDER LICENSED IN THEIR STATE OF RESIDENCE. CUSTOMER AGREES TO CONSULT WITH HIS OR HER PRIMARY CARE PROVIDER REGARDING ANY SERVICES, AND CUSTOMER AGREES THAT HE OR SHE WILL NOT SEEK OR OBTAIN ANY SERVICES WITHOUT PREVIOUSLY OBTAINING HIS OR HER PROVIDER’S INPUT. AS OUTLINED BELOW, CUSTOMER ASSUMES THE RISK OF ALL SERVICES PROVIDED.
Termination of the Terms and the Relationship:
Customer Representations and Warranties:
By using our Platform, you represent and warrant as follows:
- You are at least 18 years old.
- You have not registered on a national, statewide, or international Do Not Call list.
- You are the account holder for the email addresses and phone numbers you provide or you have express consent from the account holder to provide the email addresses and phone numbers.
- The email addresses and phone numbers you provide are accurate, and you will let us know if you release or cease using any provided email address or phone number.
- You will abide by the Acceptable Use of Platform contained in these Terms.
TCPA and CAN-SPAM Consent:
BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESSES AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US.
Our communications may include telemarketing messages through the use of email, landline phone, fax, cellular or mobile phone, and text messages, including SMS and MMS. You may revoke your consent to receive communications at any time by replying “Stop” to any of our texts, clicking “unsubscribe” on our emails, or by contacting us at our contact information provided on the Platform. We may take up to 30 days to stop communications once we receive your opt-out request. Your consent here also serves as your express written consent to electronic communications from us in the past.
Your Assumption of Risk:
You acknowledge many activities carry inherent risks and agree, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Platform and Services, or any other interaction you have with us or any Coach. This means it is your responsibility to investigate the Coach to determine whether the Coach has the requisite skill and experience to assist you with your needs.
Acceptable Use of Platform:
We encourage you to interact with us, our customers, and our Coaches on our Platform. You agree to create only one profile with us, and your profile will contain accurate information about you. We encourage you to upload content and interact with us on our Platform. In so doing, you agree you will not upload any illegal content, any content for which you do not own or have a license to use the associated intellectual property rights, or any inappropriate content. We will retain the sole and exclusive right to delete any Platform Content we decide is “inappropriate content.”
Lifestyle Health Risk Assessment:
In using our Platform, you may complete a Lifestyle Health Risk Assessment offered by a Third-Party Vendor. The Lifestyle Health Risk Assessment is not offered or controlled by us, and you assume all risk in completing the Lifestyle Health Risk Assessment or using any other service or good offered by a Third-Party Vendor.
Contracting with a Coach:
When you agree to work with a Coach, you are entering into an agreement directly with the Coach, and you are responsible for completing your duties and obligations under that agreement, including but not limited to compensating the Coach for their time. Axiom Chiropractic PC is not a party to or a third-party beneficiary to any agreement between you and any Coach.
Modification and Your Consent:
You agree we may change the Platform, these Terms, and our Policies at any time and for any reason. Any change will become effective immediately on posting of the updated or revised Terms or Policies on our Website, regardless of whether you receive actual notice of the changes. You agree you should review our Terms and Policies periodically for changes. Additionally, you agree any use of the Platform following our publication of any changes to these Terms or any Policies will expressly reaffirm your express written consent to the Terms and/or Policies, and acceptance of the changes.
Disclaimer of Warranties:
We provide the Platform and all Services “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the conduct, performance, quality, or suitability of any Coach OR THE SERVICES; (ii) we do not warrant the performance or non-interruption of the Platform; and (iii) we do not warrant any verification, identity, or background checks of our Coaches or their current license status under the applicable law. The connection with a Coach through the Platform indicates only that the Coach has contracted with us to display their contact information ON THE PLATFORM. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
NEITHER AXIOM CHIROPRACTIC PC (including its EMPLOYEES, OFFICERS, AND MEMBERS) NOR ITS THIRD-PARTY VENDORS WILL BE liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Platform, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Platform, (iv) entering into an AGREEMENT with any Coach, OR (V) ANY USE OF OUR SERVICES.
THESE LIABILITY LIMITATIONS EXIST REGARDLESS OF WHETHER THE PURPORTED CLAIM IS based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and regardless of whether AXIOM CHIROPRACTIC PC has been informed of the possibility of such damage. In no event will AXIOM CHIROPRACTIC PC’S aggregate liability for any claim or dispute arising out of or in connection with these Terms, THE SERVICES, your interaction with any Coach, or your use of or inability to use the Platform exceed one hundred U.S. dollars (US $100).
These limitations of liability and damages are fundamental elements of the agreement between you and Axiom Chiropractic PC. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at our request), indemnify, and hold Axiom Chiropractic PC (including our affiliates and employees but excluding the Coaches) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms or any of our Policies; (ii) your improper use of the Platform; and (iii) your interaction with any Coach, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of your agreement with any Coach.
In the course of using the Platform, you may be asked to provide Axiom Chiropractic PC your Credentials. It is a condition of your use of the Platform that all of the information you provide on the Platform is correct, current, and complete. You agree all information you provide for your Credentials or otherwise, is governed by our Policies and these Terms, and you consent to all actions we take with respect to your information consistent with our Policies and these Terms.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge your account is personal to you and agree not to provide any other person with access to your account on the Platform, or portions of the foregoing using any part of your Credentials.
You alone are responsible for maintaining and protecting your Credentials. If your contact information or Credentials changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, regardless of whether you authorized the activity. You must immediately notify us at [email protected] of any unauthorized use of your Credentials or if your email or password has been hacked or stolen.
Governing Law; Exclusive Jurisdiction; Attorneys’ Fees. All rights and obligations arising out of these Terms, the Policies, or the relationship between you and Axiom Chiropractic PC will be governed by and interpreted under South Dakota law without regard to its conflicts of laws provisions, and the exclusive jurisdiction will be with the state or federal court having jurisdiction over Minnehaha County, South Dakota.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Class Action Waiver. YOU AGREE YOU MAY ONLY BRING CLAIMS AGAINST AXIOM CHIROPRACTIC PC IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING.
Jury Trial Waiver. To minimize legal expenses and, to the extent allowed by law, you agree a trial of any lawsuit based on statute, common law, and/or related to these Terms will be to a judge and not a jury.
Survival. These Legal Provisions will survive termination of these Terms and all Policies and will continue to apply even if you stop using the Platform, terminate your Axiom Chiropractic PC’s account, or we terminate your account.
International Customers. If you reside outside of the United States, this Section applies to you. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is specifically excluded. You agree all other international laws, to the extent permitted by such law, are excluded, and these Terms and our relationship are governed by South Dakota law.
Interpretation. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Axiom Chiropractic PC and you pertaining to your access to or use of the Platform and Services and supersedes any and all prior oral or written understandings or agreements between Axiom Chiropractic PC and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Axiom Chiropractic PC. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Third-Party Services. The Platform may contain links to Third-Party Services that vary from these Terms and our Policies. Axiom Chiropractic PC is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement by Axiom Chiropractic PC.
Platform and Intellectual Property. Platform Content may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge all intellectual property rights for Platform Content are the exclusive property of Axiom Chiropractic PC and agree you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content except to the extent you are the legal owner of the Platform Content or as expressly permitted in these Terms. For example, if you post to any our social media sites contained within the Platform, you may publicly display that specific Platform Content without violating these Terms. Subject to your compliance with these Terms, Axiom Chiropractic PC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform on your personal device(s) solely for your personal and non-commercial use