Terms of Use

AGREEMENT TO TERMS OF USE

The following Terms of Use (the “Terms”) govern your access to and use of our website, www.carwreckchiropractic.com (the “Website“). Please read the Terms carefully. Your use of the Website constitutes your agreement to be bound by the Terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the Website.

CHANGES TO TERMS OF USE

Car Wreck Chiropractic and its affiliates (collectively, “CWC,” “we,” “us” and “our”) have the right to change or add to the Terms at any time by posting the amended Terms on the Website. Any use of the Website after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.

EMERGENCIES

THIS WEBSITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. CWC IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THE WEBSITE.

USER RESTRICTIONS AND REQUIREMENTS

Age Requirement for Use of the Website

The Website is intended and only suitable for individuals 18 years of age and above. Some of the content on the Website may not be appropriate for children. Children under the age of 13 are not permitted to use the Website. We strongly recommend that children between the ages of 13 and 17 ask their parent’s or guardian’s permission before viewing the Website. CWC hereby disclaims all liability for use by individuals under the age of 18.

Restricted Use

You may use the Website only to the extent that you obey all laws, rules, and regulations applicable to your use of the Website.

Data Privacy

Upon acceptance of these Terms you confirm that you have read, understood, and accepted CWC’s Privacy Policy and HIPAA Notice.

Security of Personal Information

While we endeavor to incorporate reasonable safeguards to help protect and secure your Personal Information such as transmitting information via industry standard secure server layer (SSL), no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Therefore, we cannot guarantee its absolute security. It may be possible for third parties to intercept or access transmissions or private communications unlawfully. Any such transmission is done at your own risk.

INTELLECTUAL PROPERTY

This Site is owned and operated by CWC The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website are either owned by CWC, are licensed to it, or are used with permission. CWC and its licensors retain and reserve all proprietary rights to the contents of the Website. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from CWC.

The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on the Website infringes a valid copyright owned by you, you (or your agent) may send CWC a notice requesting that the material be removed, or access to it blocked. This request should be sent to us at 10310 West Markham Street, Suite 210, Little Rock, AR, 72205.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 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 must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to the address above.

Trademark Notice

CWC names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of CWC. All rights are reserved. You are not authorized to use any CWC name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of CWC. All other trademarks appearing on the Website are the property of their respective owners.

REPRESENTATION AND WARRANTIES

Visitor Representation and Warranty

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of the Website will be in compliance with these Terms.

No CWC Warranties

USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CWC OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, CWC, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

CWC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE, IF ANY, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CWC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION

BY VISITING THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CWC, AND ANY AFFILIATED CWC ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “CWC PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED CWC OF THE POSSIBILITY OF SUCH CLAIM.

DISPUTES

If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us promptly regarding any alleged dispute. “Disputes” between you and CWC, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and CWC including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, CWC advertising, and any use of CWC services.

Limitation of Liability and Damages

THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF CWC PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE MATERIALS ON THE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

Binding Individual Arbitration

You and CWC agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST CWC. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in [Little Rock, Arkansas], or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, CWC will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and CWC also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in Little Rock, Arkansas, or federal court for the District of Arkansas.

Jurisdiction

Information provided on CWC’s Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

The Website is a service provided by CWC and does not constitute any contact with any jurisdiction outside the State of Arkansas. Use of the Website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Website illegal. Users in such jurisdictions visit and use the Website entirely at their own risk. The essential parts of the Terms include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of Arkansas, United States of America. It is governed by and shall be construed under the laws of Arkansas, exclusive of any choice of law or conflict of law provisions.

Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.

MISCELLANEOUS

Except as expressly provided in these Terms, the Terms are a complete statement of the agreement between you and CWC regarding the Website, and they describe the entire liability of CWC and its vendors and suppliers and your exclusive remedy with respect to your access and use of the Website. In the event of a conflict between these Terms and any other CWC agreement or policy, these Terms shall prevail with respect to your access and use of the Website. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting the Terms. The Terms do not limit any rights that CWC may have under trade secret, copyright, patent, or other laws. CWC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign any rights or obligations under the Terms without CWC’s prior written consent. CWC may freely assign its rights or obligations under the Terms without any consent.

Survival

All sections of the Terms which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices

You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.

Severability

If any of the provisions of the Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of the Terms to retain its full force and effect.

Entire Agreement; Amendment

The Terms constitute the entire agreement between you and CWC applicable to its subject matter. It may not be modified except as described elsewhere in the Terms.

Conflicting Terms

Anything on the Website inconsistent or in conflict with the Terms is superseded by the Terms with respect to your use and access of the Website.

CONTACT INFORMATION

Please contact us with any questions or concerns regarding the Terms by e-mail at hrdirector@carwreckchiropractic.com or write to us at:

Car Wreck Chiropractic
10310 West Markham Street, Suite 210
Little Rock, AR 72205