Terms and Conditions
TERMS AND CONDITIONS
Last Updated: December 19, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Lazarus Chiropractic Inc (“Company,” “we,” “us,” “our”), a company registered in California, United States, located at 1734 Jefferson Street, Suite A, Napa, CA 94559. You can contact us via email at [email protected] or by phone at 707-224-2283.
We operate the website https://lazaruschiro.com (the “Site”) and any related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Lazarus Chiropractic Inc concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and accepted these Legal Terms. If you do not agree with all of these terms, you are prohibited from using the Services and must discontinue use immediately.
Supplemental terms and conditions or documents may be posted on the Services from time to time and are hereby incorporated by reference. We reserve the right to modify these Legal Terms at any time. We will update the “Last updated” date to notify you of any changes. It is your responsibility to periodically review these Legal Terms, and by continuing to use the Services, you agree to the changes.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.
We recommend printing a copy of these Legal Terms for your records.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- SOCIAL MEDIA
- THIRD-PARTY WEBSITES AND CONTENT
- SERVICES MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- SMS TEXT MESSAGING
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement. Persons who choose to access the Services from other locations do so at their own risk and are solely responsible for compliance with local laws.
The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). If your interactions are subject to such laws, you may not use the Services. Additionally, you may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws, as well as various other intellectual property rights, unfair competition laws, and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services; and
- Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purposes.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we grant permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.
Your Submissions
Please review this section and the “Prohibited Activities” section carefully to understand the rights you give us and the obligations you have when posting or uploading any content through the Services.
Submissions:
By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You Are Responsible for What You Post or Upload:
By sending us Submissions, you:
- Confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading.
- Waive any and all moral rights to such Submission, to the extent permissible by applicable law.
- Warrant that the Submission is original to you or that you have the necessary rights and licenses to submit it.
- Warrant that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and agree to reimburse us for any losses we may suffer due to your breach of this section, third-party intellectual property rights, or applicable law.
3. User Representations
By using the Services, you represent and warrant that:
- All registration information you submit is true, accurate, current, and complete.
- You will maintain the accuracy of such information and update it as necessary.
- You have the legal capacity to comply with these Legal Terms.
- You are not a minor in your jurisdiction.
- You will not access the Services through automated means, such as bots or scripts.
- You will not use the Services for any illegal or unauthorized purpose.
- Your use of the Services will not violate any applicable law or regulation.
If you provide untrue, inaccurate, or incomplete information, we have the right to suspend or terminate your account and refuse any future use of the Services.
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that it is inappropriate, obscene, or objectionable.
5. Prohibited Activities
You may not use the Services for any purpose other than its intended use. The Services may not be used for any commercial endeavors unless specifically endorsed by us.
As a user, you agree not to:
- Retrieve data from the Services to create a collection, compilation, database, or directory without written permission.
- Trick, defraud, or mislead us or other users, especially to learn sensitive account information.
- Circumvent security features, including those that prevent or restrict copying or usage of Content.
- Disparage or harm us or the Services.
- Use information from the Services to harass, abuse, or harm another person.
- Use the Services in violation of any laws or regulations.
- Engage in automated use of the system, such as using scripts or data-mining tools.
- Delete copyright or proprietary rights notices from Content.
- Impersonate another user or person.
- Upload or transmit viruses, Trojan horses, or other disruptive material.
- Interfere with or create an undue burden on the Services.
- Engage in any unauthorized framing or linking to the Services.
- Reverse-engineer, decompile, or disassemble any software that makes up the Services.
- Use automated systems like spiders or bots to access the Services.
6. User Generated Contributions
The Services may allow you to submit content (“Contributions”). You represent and warrant that:
- Your Contributions do not infringe third-party rights, including copyrights, trademarks, or patents.
- You have the necessary licenses, rights, consents, and permissions to use and authorize the use of your Contributions.
- Your Contributions are not misleading, offensive, or otherwise unlawful.
- Your Contributions do not violate privacy rights or involve harmful content.
7. Contribution License
By submitting suggestions or feedback, you agree that we may use and share such feedback for any purpose without compensation. You retain ownership of your Contributions, but grant us a license to use, store, and process your information as outlined in our Privacy Policy.
8. Social Media
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (“Third-Party Accounts”) by either:
- Providing your Third-Party Account login information through the Services; or
- Allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breaching any terms or conditions that govern your use of the applicable Third-Party Account. You also confirm that this does not obligate us to pay any fees or subject us to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that:
- We may access, make available, and store (if applicable) any content you have provided to and stored in your Third-Party Account (“Social Network Content”) so that it is available on and through the Services via your account, including any friend lists.
- We may submit to and receive from your Third-Party Account additional information, as notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and your privacy settings, personally identifiable information you post to your Third-Party Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Services.
You can disable the connection between your account on the Services and your Third-Party Accounts at any time.
Important: Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such providers. We make no effort to review Social Network Content for accuracy, legality, or non-infringement and are not responsible for any Social Network Content.
We may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of contacts who have also registered to use the Services.
You can deactivate the connection between the Services and your Third-Party Account by contacting us through the provided contact information or through your account settings. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
9. Third-Party Websites and Content
The Services may contain links to other websites (“Third-Party Websites”) as well as content such as articles, photographs, text, graphics, music, sound, video, applications, software, and other items (“Third-Party Content”). These Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites or Third-Party Content accessed through the Services.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us.
If you decide to leave the Services and access a Third-Party Website or use/install Third-Party Content, you do so at your own risk. The Legal Terms governing the Services no longer apply, and you should review the applicable terms, policies, and privacy practices of any Third-Party Website or application.
Any purchases made through Third-Party Websites are solely between you and the third party, and we take no responsibility for such purchases. You agree that we do not endorse the products or services offered on Third-Party Websites and hold us blameless from any harm or losses caused by your purchase.
Additionally, you agree to hold us blameless from any harm caused by your interaction with Third-Party Content or any contact with Third-Party Websites.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms.
- Take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting users to law enforcement authorities.
- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or portions thereof.
- Remove or disable files and content that are excessive in size or burdensome to our systems, at our sole discretion, without notice or liability.
- Otherwise manage the Services to protect our rights and property and ensure the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from outside the U.S., you consent to the transfer and processing of your data in the U.S.
12. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We reserve the right, in our sole discretion and without notice, to deny access to or use of the Services to any person for any reason, including breaches of these Legal Terms or applicable law. We may terminate your use, delete your account, and remove any content posted at any time.
If your account is terminated, you are prohibited from creating a new account under any name, including a fake or borrowed name. We may take legal action, including civil, criminal, and injunctive remedies.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, update, or remove content on the Services at our discretion, without notice. We are not obligated to update any information.
The Services may experience interruptions, delays, or errors due to maintenance or technical issues. We are not liable for any loss or inconvenience caused by these interruptions.
14. GOVERNING LAW
These Legal Terms are governed by the laws of the State of California, without regard to conflict of law principles.
15. DISPUTE RESOLUTION
Any legal action shall be brought in the state and federal courts located in Napa, California. Both parties consent to jurisdiction in these courts and waive defenses related to venue or personal jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply.
16. CORRECTIONS
We reserve the right to correct any typographical errors, inaccuracies, or omissions on the Services, including descriptions, pricing, and availability, without prior notice.
17. DISCLAIMER
The Services are provided “as-is” and “as-available.” We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not responsible for errors, personal injury, unauthorized access, interruptions, viruses, or damages resulting from your use of the Services.
18. LIMITATIONS OF LIABILITY
We are not liable for any direct, indirect, consequential, or punitive damages, including lost profits or data loss, arising from your use of the Services.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any loss, damage, or claim arising from your use of the Services, breach of these Legal Terms, or violation of third-party rights. We reserve the right to assume exclusive defense of any claim, at your expense.
20. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt-out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected] or call at 707-224-2283.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Lazarus Chiropractic Inc.
1734 Jefferson Street, Suite A
Napa, CA 94559
United States
Phone: 707-224-2283
Fax: 707-224-2283
Email: [email protected]