Terms of Service Agreement
Terms of Service Agreement

This agreement describes the terms and conditions under which Action Potential, Inc., agrees to the use of the web site and associated databases

Revision Date: Friday, December 11th, 2009 - 10:00 a.m. CDT

The ChiroACCESS.com web site ("ChiroACCESS" or "Site") and Manual, Alternative and Natural Therapy Index System database ("MANTIS") are owned and operated by HealthIndex, Inc.

By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms of Service"). These Terms of Service expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. If you do not agree with these Terms of Service, please do not use this Site.

HealthIndex reserves the right to change, modify, add or remove portions of these Terms of Service in its sole discretion at any time and without prior notice. Please refer to the Terms of Service page by following the link in the footer of every page at ChiroACCESS. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.

This agreement describes the terms and conditions under which HealthIndex, Inc., agrees to the use of the Site and associated databases.


Grant of Licensure

For individual members: Your individual membership is non-transferable. ChiroACCESSand all databases, including the MANTIS Database, are licensed for your individual professional/non-commercial use only. You agree that you will use your best efforts and take all reasonable steps to protect the information and intellectual property accessed through ChiroACCESSfrom unauthorized reproduction, publication, disclosure, distribution, or other use.

For subscribing recognized educational institutions: Your subscription is non-transferable. Healthindex.com, ChiroACCESS.com and all databases, including the MANTIS Database, are licensed for your institutional/non-commercial use only. Materials from the web page and/or databases may not be copied, reformatted, displayed, sold, published, or circulated to anyone else. Institutional use is restricted to students, faculty and administration. You further agree that you will use your best efforts and take all reasonable steps to protect the information and intellectual property accessed through Healthindex.com and ChiroACCESS.com from unauthorized reproduction, publication, disclosure, distribution, or other use. Your institution has agreed to use the Healthindex.com and ChiroACCESS.com Web site(s) and the MANTIS database to conduct unlimited searches only for full-time students, faculty, and administration.


Copyright

All the information as well as format and graphic components of our web pages are protected by the U.S. and other copyright laws. Also, the material contained in the various health databases is subject to the copyright protection of the individual database developers. Finally, some material in the databases is from copyrighted publications of the respective copyright claimants. Users of the databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are hereby incorporated by reference.

The Licensee and its users shall be solely responsible for compliance with any copyright restrictions; Action Potential, Inc. assumes no responsibility or liability associated with the Licensee’s (or any of the Licensee’s users’) use and/or reproduction of copyrighted material. Anyone contemplating reproduction of all or any portion of the individual articles contained in the databases should consult legal counsel.


Disclaimer

The data provided was developed and presented with a reasonable standard of care. However, data errors, incomplete entries, transmission errors, etc. may exist. There are no warranties, expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly and specifically disclaimed.

In no event shall Action Potential, Inc. be responsible for any indirect or consequential damages or lost profits, even if advised of the possibility of such damage. (Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.)

WARRANTY

You agree that your use of this web site shall be "as is" and at your own risk. To the fullest extent permitted by law, healthindex or chiroaccess employees, independent contractors, affiliates, and agents disclaim all warranties, express or implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, in connection with chiroaccess. We make no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, unauthorized access to or use of our servers, interruption or cessation of transmission to or from this website, bugs, viruses, or the like which may be transmitted to or through chiroaccess by any third party, and/or errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via this site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this site or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

In no event shall healthindex or chiroacess employees, independent contractors, affiliates, or agents be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, unauthorized access to or use of our secure servers, interruption or cessation of transmission to or from our website, bugs, viruses, or the like, which may be transmitted to or through our website by any third party, and/or errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we shall not be liable for user comments, for monitoring any transaction between you and third-party providers of products or services or for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.


Governing Law

This License Agreement is to be governed by and interpreted in accordance with the laws of the State of Texas. If any provision of this License Agreement in any way contravenes the laws of the state or jurisdiction in which the License Agreement is to be performed, such provisions shall be deemed to be deleted and, if any term of this License Agreement shall be declared by final adjudication to be illegal, contrary to public policy, or otherwise held to be invalid and unenforceable, it shall not affect the validity and enforceability of any other term or provision of this License Agreement.


Information at ChiroACCESS

Information submitted by the ChiroACCESS staff is primarily based on the current peer-reviewed research. Other articles are submitted by our contributing editors. ChiroACCESS makes no assurance of the reliability or validity of the original research work. It is ultimately the responsibility of the health care professional to verify any information before utilizing it in a health care setting.


Acceptance Procedure

By accessing materials on our Web site or registering you agree with all the terms and conditions of this agreement.

We reserve the right, at our sole discretion, to change the terms and conditions of this Agreement from time to time, and your continuing use of our Web sites constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.


Privacy Policy

We pay special attention to privacy issues. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and discuss your options for controlling your information. Our privacy policy may be viewed here.


Consequences

If you don't comply with these terms, we have the right to suspend or eliminate your account, and remove any information you have placed on our site. We may also take any legal action we think is appropriate. If your violation of this agreement causes harm to others, you agree to hold ChiroACCESS and Action Potential, Inc. harmless against any liability for that harm.


Contact information for Action Potential, Inc. and ChiroACCESS can be found here.