INTRODUCTION
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE.
TERMS OF USE
These Terms of Use and the Privacy Policy apply to the website of the Vista Spinal Care and their affiliated companies (“we,” “us,” or “our”), including, without limitation, https://www.vistaspinalcare.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 website. 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 website 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 website.
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 website and receipt of data, materials, and information available at or through our website , 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 website 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 website or delete Content or features at any time, in any way, for any or no reason.
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 our website.
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 website, on third party website, 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 website, including chiropractic “success stories,” 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.
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.
We may suspend or terminate your account and your ability to use any of our website 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 website that offers the opportunity for users to Distribute Submissions for viewing by one or more website 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 website 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 website. By using our website, 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 website or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of our website ; 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 SUBMISISONS
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from our website 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 website . Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
CONTENT ACCESSIBLE THROUGH LINKS FROM OUR WEBSITE
You should be aware that when you are on our website, 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 website that link to or from our website or third-party Content contained on our website. 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 website retrieved in searches and/or listed in search results or identified on search results pages.
DISCLAIMERS
Any 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 website is strictly at your own risk. Our website 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 website 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 website 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 website . 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 website OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE 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 WEBSITE. 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 WEBSITE OR CHANGE OUR WEBSITE 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 website shall be filed, and that venue properly lies, only in state or federal courts located in San Diego County, Vista, California 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 website is appropriate or available for use in any particular location. Those who choose to access our website 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 website 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 website 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.
Vista Spinal Care, 1116 Sycamore Avenue, Sté. C, Vista CA 92081