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Service Agreement
Terms and Conditions
All
services provided by
ChiroContact may
be used for lawful purposes
only. Transmission or storage of
any information, data or
material in violation of any
United States Federal, State or
City law is prohibited. This
includes, but is not limited to:
copyrighted material, material
legally judged to be threatening
or obscene, or material
protected by trade secret and
other statue. The member agrees
to indemnify and hold harmless
ChiroContact from
any claims resulting from the
use of the service which damages
the member or any other parties.
Spamming, or the sending of
unsolicited email, using an
email address, URL that is
maintained on an ChiroContact
server is STRICTLY prohibited.
ChiroContact
will be the sole arbiter as to
what constitutes a violation of
this provision. This action WILL
RESULT in immediate termination
of your account without refund.
Any service interruptions as a
result of members spamming will
be billed to the member at
$100.00 per hour until service
is restored. Member will also be
in violation of the ChiroContact Service Agreement
and subject to legal action.
In any way using leads (patients
or prospects) that have not
requested information with a
ChiroContact
account is strictly prohibited.
If you paid money or in any way
purchased a group of
pre-existing leads these may not
be used with ChiroContact
unless these leads have
requested information from you
via email. Only people that have
specifically requested
information directly from you
may be emailed and sent messages
with ChiroContact.
Pornography and sex-related
merchandising are prohibited on
any ChiroContact server. ChiroContact will be
the sole arbiter as to what
constitutes a violation of this
provision. This service is
to educate patients and
prospects about chiropractic and
natural health care. Keep
it that way.
Payment is due immediately after
date of invoice. All payments
must be in US dollars. Your
credit card will be billed once
per month. The member is
responsible for providing
up-to-date payment information.
ChiroContact will
not be held responsible should
the member's payment information
become out-of-date.
When payment is by credit
card, the member authorizes
Aweber, Inc.
to charge the credit card listed
on the subscription form for
those charges for ChiroContact services that may
accrue from month to month, or
for any past-due balances, in
order to bring the account to
current status. Credit card
payments will be billed and
charged automatically, and
Aweber may
charge the amount due to the
provided card at any time.
Accounts are in default if
payment is not received within
20 days after date of invoice.
If a member's check is returned
by the bank as unredeemable, the
member will be deemed to be in
default, and will be liable for
a "returned check" charge of
$35. Accounts unpaid 20 days
after date of invoice may have
their service interrupted. Such
interruption does not relieve
the member from the obligation
to pay the monthly charge. Only
a written request to terminate
your service relieves you of
your obligation to pay the
monthly account charge. Accounts
in default are subject to a late
payment charge of $35 and an
interest charge of 2.5% per
month on the outstanding
balance. If the member's state
law does not allow an interest
rate of 2.5% per month, the
maximum allowable rate for the
member's state will be charged.
If the member defaults, the
member agrees to pay
ChiroContact its
reasonable expenses, including
attorney and collection agency
fees, incurred in enforcing its
rights under these Terms and
Conditions.
All files, information and mail
under the account will be
preserved for 20 days from the
date the payment is due. If the
payment is not received after 20
days, all files, information and
mail under the account will be
deleted. If the member wishes to
use the service again, the
member must re-apply as a new
member.
The member agrees that the
company has the right to delete
all data, files or other
information that is stored in
the member's account if the
member's account with the
company is terminated, for any
reason, by either ChiroContact or the member.
Accounts can not be
transferred or used by anyone
other than the member. Accounts
which have been transferred to
other parties, or show other
activity in violation of this
paragraph, are subject to
immediate cancellation.
ChiroContact shall
have the right to suspend
service to the member at any
time, and for any reason,
without notice. If such a
suspension is to last for more
than 20 days, the member will be
notified as to the reason.
Service provided by ChiroContact
may be cancelled in writing at
any time with no penalty. Member
name and password must be
included in the cancellation
request. Cancellation will take
effect only when the receipt of
the cancellation request is
confirmed by ChiroContact.
ChiroContact
reserves the right
to change the rate by notifying
the member 15 days in advance of
the effective date of the
change.
ChiroContact
exercises no control whatsoever
over the content of the
information passing through
ChiroContact. All patient and prospect
email addresses generated by
member are held strictly
confidential. The patient and
prospect email addresses are
never released to any other
parties for any purpose. The
patient and prospect information
is only used on ChiroContact. servers to
deliver the educational and
marketing messages designated by
the member.
Members are prohibited from
transmitting on or through any
of ChiroContact's
services, any material that is,
in ChiroContact's
sole discretion, unlawful,
obscene, threatening, abusive,
libelous, or hateful, or that
encourages conduct which would
constitute a criminal offense,
give rise to civil liability, or
otherwise violate any local,
state, national or international
law.
ChiroContact makes no warranties
of any kind, whether expressed
or implied, for the service it
is providing. ChiroContactä also
disclaims any warranty of
merchantability or fitness for a
particular purpose. ChiroContact will not be
responsible for any damage
suffered. This includes loss of
data resulting from delays, non-deliveries, misdeliveries,
or service interruptions caused
by ChiroContact's negligence or
the member's errors or
omissions. Use of any
information obtained via
ChiroContact is at
your own risk. ChiroContact specifically
denies any responsibility for
the accuracy or quality of
information obtained through its
services.
LIMITED LIABILITY. ANY LIABILITY
OF THE COMPANY, INCLUDING
WITHOUT LIMITATION ANY LIABILITY
FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS
LINE FAILURE, THEFT OR
DESTRUCTION OF OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE
OF RECORDS, WHETHER FOR BREACH
OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, SHALL BE
STRICTLY LIMITED TO THE AMOUNT
PAID BY OR ON BEHALF OF THE
MEMBER TO THE COMPANY FOR THE
CURRENT MONTH.
Should any provision of this
agreement be held to be illegal,
invalid, or unenforceable by a
court law, the legality,
validity and enforceability of
the remaining provisions of this
agreement shall remain
unaffected thereby unless
otherwise stated.
This agreement shall be governed
by the laws of the State of
Colorado, Arapahoe County, and
the United States.
These Terms and Conditions
supersede all previous
representations, understandings
or agreements and shall prevail
notwithstanding any variance
with terms and conditions of any
order submitted. Use of
ChiroContactä
service constitutes acceptance
of these Terms and Conditions.
Name:
__________________________________
Signature:
_______________________________
Date:
___________________________________
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