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Terms of Service for CLA Member Agreement

Terminology

The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and any or all Agreements: “Member”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms of Service. “The Company”, “Ourselves”, “We” and “Us”, refers to our company Chiropractic Leadership Alliance Inc. (CLA) and any divisions of CLA. “Party”, “Parties”, or “Us”, refers to both the Member and ourselves, or either the Member or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Acceptance of Terms

This is a legal agreement between you, the Member, and CLA. CLA considers Customer Payment via, Phone, Email, Web Order, Fax, or in person purchase to be acceptance of these Terms of Service.   If you do not agree to all the terms and conditions of this agreement, do not purchase or use this service. Member and CLA agree that this entire agreement can be agreed to electronically so verbal agreement or written signatures are not needed. Member acknowledges that the terms of this agreement survive beyond termination of service or subscription and continue indefinitely with regard to all applicable post-termination provisions. The Member agrees that the terms of this agreement extend to all URL’s using CLA , subluxation, MyCOREscore and any service and information sites of CLA and to CLA software and are not confined to a “CLA .com: URL.  Terms of this agreement extend to third party sites provided by CLA, MyCOREscore, or Other CLA suppliers.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within CLA may only use any information collected from individual Members on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our Members and to ensure continued Member Privacy. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.

Confidentiality

Member records are regarded as confidential and therefore will not be divulged to any third party. CLA holds the right to release non-identifiable Member and COREscore Data for the purposes of clinical studies and research to any third party research centers, companies, schools, or organizations for the purpose of enhancing clinical communication and improving CLA scanning technology. If legally required to do so Member information may be released by CLA in accordance with such legal directive. . CLA reserves the right to disclose any Member site information and content to law enforcement authorities upon their directive.

Access to Website Content

Members who register for a CLA Membership are permitted access to website content, which is theirs to use for the duration of that level subscription. Once the subscription and service are terminated, the Membership Level shall automatically revert back to an Unpaid Subscription with limited access to the site data. At no time does the Member own their Membership Level or data provided for use during that Membership.

Payment

Payment will be accepted via Cash, Check, Wire Transfer, or any Major Credit Card. Payment will be accepted via Phone, Website, Fax, Email, In Person, Mail, or through Electronic Signature programs. CLA is not responsible for data transmitted through any of the above means, CLA highly recommends that the Member use PCI Compliant means to transmit personal payment information.

Payment Terms

Our Terms are payment in full at time of signing. However, CLA reserves the right to authorize payment Terms not to exceed sixty (60) days, CLA holds the right to not activate an account until payment has been made in full. We reserve the right to seek recovery of any monies remaining unpaid after ninety (90) days from the date of invoice via collection agencies and/or through the Small Claims Court or similar legal tribunal of the applicable jurisdiction. Returned or insufficient fund checks will require a $25 Fee to cover any banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all rights to use CLA Software and services will cease with immediate effect until such time as any and all outstanding monies due CLA are recovered in full.

Cancellation Policy

CLA Subscriptions are non-refundable and CLA offers no refunds for Membership under any circumstance. In the event that Member wishes to terminate service, the Member must have already paid or pay in full a minimum of $485.00 for the license fee to use the CLA Software available to Member as a download through their subscription and any additional administration fees CLA assesses.

All monies collected by CLA prior to the cancellation of a recurring payment account are nonrefundable. The Member may cancel Automatic Renewal Subscriptions online by removing any credit card information from their profile. Once payment information is removed the Member will retain the right of access to the CLA website for the remainder of their contract, however, the account will not automatically renew at the end of the contract. Once the contract reaches its expiration date all services and access will be terminated.

Yearly contracts cannot be terminated early. If a Member wishes to non-renew a yearly contract at the end of its term, CLA agrees that no future payments will be collected to renew that Member, however, the Member will retain the right of access for the remainder of the in-force yearly contract. At no time will the Member be entitled to receive a refund for services or products of any kind previously provided by CLA to the Member.

The Member also agrees to the subscription renewal policy stated in these Terms and Conditions stating that in order to qualify to renew their Membership at the published renewal rates, the Member must be within fourteen (14) days of cancelation or expiration. The Member agrees that after fourteen (14) days the renewal of their Membership will be at the then stated full Membership price. No pre-paid fees will be refunded.

Refund & Credits

CLA Subscriptions are non-refundable and CLA offers no refunds for Membership under any circumstance. However, in the event for any reason that CLA agrees to issue a Member credit, CLA reserves the right to apply such credit to future business with Member rather than directly reimbursing the Member. If a refund is granted the Member must pay or have paid a minimum amount of $485.00 for the license fee to use the CLA software that was available for download as a Member and any administration fees CLA may assess to be considered eligible to receive a refund. Any refund CLA, in its sole discretion, agrees to make will be for the excess over the license fee of $485.00 plus any administrative fees CLA may assess. The Member understands that refunds are not guaranteed and are handled on a case to case basis at the sole discretion of CLA.

Service Termination for Breach by Member.

In the event that CLA wishes to terminate Member’s account, due to breach of any material term of this agreement, the Member shall forfeit all pre-paid fees and shall not be entitled to receive any refund. Access to all CLA Sites will be terminated effective immediately and all contract end dates will be adjusted to coincide with the effective date of termination.

Service Termination for Non-Payment. In the event Member becomes in arrears of any payment due to CLA under this agreement for a period which exceeds Sixty (60) days, CLA shall the right, at its sole discretion, to suspend all rights of Member, or to terminate this agreement entirely. In the event CLA elects to suspend Member’s rights hereunder, such rights will not be reinstated until Member shall have brought Member’s account current, or until Member shall have entered into an arrearage payment schedule acceptable to CLA.

Service & Subscription Changes

CLA reserves the right to augment, enhance, modify, change, or cancel any or all of our service(s) at any time without prior notification or Member consent.

Updates & Changes to Terms of Service

The Member can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is the responsibility of the Member to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you, the Member, do not agree to contractual changes, or do not adhere to the terms of this agreement, CLA reserves the right to cancel and/or suspend your service. CLA reserves the right to change, halt, or discontinue, or to change the price of any part of its service without notification or Member authorization. Member agrees that CLA is not liable for any damages, direct or indirect, occurring from such a change. If at any time Member cannot accept such changes, the Member’s sole remedy is to cancel service with CLA.

Subscription Terms

All Subscriptions are for a term of twelve (12) consecutive months unless otherwise stated.

Automatic Renewal

CLA will automatically renew Member Subscriptions at the Member’s current subscription level. Renewal will take place at the end of each subscription term. Automatic Renewal Subscriptions are for a twelve (12) month term and automatically charge the Member’s provided billing information at the current published renewal rates on the subscription expiration date. Once payment clears the subscription will be in force for an additional twelve (12) month term. Renewal rate will be based on current published rates for the selected Membership Level on the expiration date of the Member’s subscription. There is no cancellation fee, penalty fee, or termination fee if the Member chooses not to automatically renew the Membership Level. The Member is solely responsible for the cancellation of any auto renewal subscription and is required to cancel the auto renewal online through the Member’s profile by giving CLA a minimum of thirty (30) days’ notice prior to the subscription expiration date. Failure to give timely notice of non-renewal will give CLA the right to auto renew the Member’s subscription for a new twelve (12) month period and collect payment for such renewal.

Service Reactivation after Expiration

Once service is terminated or expired the Member must renew within the first fourteen (14) days after expiration, in order to be entitled to receive the renewal rates. Failure to renew within fourteen (14) days of expiration will require the Member to pay the full 1st year Membership price at the then currently published rates to reactivate the Membership.

Data Storage after Expiration

The Member understands that CLA stores all Member data including scans and reports uploaded to COREscore on a secure server. CLA holds the right to store this data indefinitely and is not required to provide the Member with copies of any data stored on its server. The Member understands that the Member is solely responsible for data storage and back up of its own data on its own local computer. COREscore should not be used by Member as a data backup system. Although not required, CLA will archive Member data for a minimum of ninety (90) days following subscription termination. Member agrees that after subscription expiration date all data and site information may/will be lost ninety (90) days after subscription is terminated including MyCOREscore data as well.

Cookies

Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. You acknowledge and agree that the use of cookies by us is necessary and proper.

Links from this Website

We do not monitor or review the content of other party’s websites which are linked to and/or from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and CLA should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage the Member to be aware when they leave our site to carefully read the privacy statements of such other sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself before disclosing any personal information to them. CLA will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

General Use of Website(s)

The Member shall not use our service for any unlawful purposes, nor shall the Member use our service for anything this agreement prohibits.

The Member is prohibited from doing anything that will adversely affect the CLA service and/or system(s), either intentionally or by accident, and is expected to use reasonable and prudent care when engaging in all such activities.

The Member is prohibited from attempting to enter any CLA password protected areas and/or any non-public areas of our service not offered in the Membership class held by the Member.

The Member is prohibited from attempting to gain unauthorized access to or information of any kind from other Member sites.

The Member agrees to conduct all business on a CLA website ethically, responsibly, and legally. Accordingly, Member will not knowingly transmit any viruses or code capable of interrupting computer service.

The Member will not falsely impersonate any other person or company.

The Member will not upload or post any information or images they are not authorized to use and share. Members will not transmit unauthorized messages of any kind or “spam”.

The Member will not sell or link to any sites selling goods and services legally or illegally.

The Member will not post any third party images of any individual without their express written consent or the consent of a parent in the case of a minor.

The Member agrees not to resell CLA service and use of website to any third party without prior consent from CLA.

The Member agrees not to attempt to replicate or copy any portion of CLA software, code, templates, or service.

The Member is completely responsible for all content, photos, and information when posting in the community blog. Member is responsible for adhering to any copyright laws and/or laws of any kind pertaining to the content of post and for following the terms and conditions of the CLA site.

The Member acknowledges that Member caution and good judgment must be used in posting and identifying any personal or confidential information on the Member website.

The Member is completely responsible for Member computer, computer manufacturer and third party software upgrades, including any Microsoft automatic releases, downloads, or upgrades. CLA shall not have any liability for any claims, damages, and demands on Member’s computers and equipment arising from the action of, or content provided by any third party vendor.

The Member is completely responsible for all image uploads and agrees that CLA is not responsible for any damage occurring due to uploads.

The Member agrees to maintain an updated and accurate Member profile at CLA at all times. This includes accurate and current credit card information and email address. Member acknowledges this Member profile is CLA’s primary means of maintaining customer contact.

Passwords

The Member controls the site password function on Member site. The Member may change, update, or reset their passwords through the www.claclarity.com website. The Member may ask CLA to reset their passwords for them, however the password change will also update the passwords for both the claclarity website and the MyCOREscore website. The new password will be provided via email to the email address we have on file. All passwords will be auto generated by the Clarity website. The Member is responsible for changing that password for security purposes. While CLA will work to provide a secure environment for Member sites, any breaches of this security for any reason are not the responsibility of CLA.  No data transmission over the Internet can be guaranteed to be 100% secure.  In the event of any security breaches, CLA will work with Member to try to make necessary adjustments to secure the site in a timely manner but makes no warranties that a resolution can be found. CLA is not responsible for data breeches or hacks to the Members account, website, computer, network, or office.

Change of User Name

The Member may request through written request via email from the original email address on file, to change to a new email address. The Member will be asked to provide the new email address in the message from the original email address. If the Member requests a user name change via phone call, the Member will be asked to also email the request from the original email address in order to enable CLA to accurately complete the change. If the original email is no longer available the Member will be asked for other identifying information to ensure the request is valid.

Display of CLA Logos, Branding, Names, or Other Business Identifiers

CLA reserves the right to display CLA logo, COREscore logo, web links, and other business identifying information on any portion of the Clarity or patient site including: MyCOREscore.com, www.claclarity.com, www.subluxation.com and any websites provided by CLA or third party sites provided by CLA.

Website and Data Monitoring

CLA reserves the right to, but is under no obligation, to monitor Member sites.  Because of this, CLA is not responsible for the accuracy and appropriateness of Member added data.  CLA reserves the right to terminate Member service and/or remove and withhold any information held on its server at any time.

Third Party Transactions

CLA is not responsible for transactions of any kind between Members and a third party.  Member releases CLA and agrees to defend and hold harmless CLA from all claims, damages, and demands arising from Member’s relationship with any third parties.

Use of Online Payment Systems

CLA has chosen a third party service to handle customer payment transactions for our service.  Member agrees that CLA is not responsible for any disputes or claims arising from the transactions between third parties, such as between authorize.net, PayPal, Square, or other third party services and the Member.

Use of third Party Server and Data Storage

CLA has selected a third party company to manage its servers for CLA websites. While CLA will work with this third party to provide reliable service, Member agrees that CLA is not responsible for any problems arising from such third party hosting companies. The Member agrees that CLA is not responsible for lost business, income or profit due to CLA services being down for any period of time, or for any other type of consequential damages

Member Conduct & Communications

The Member agrees that during any and all communications with CLA Service, Support, or Customer Service, the Member will be polite, use a kind tone, words, and voices and the Member understands that this applies to all staff, employees, family, patients, or any persons representing the Member or the Member company during and after the Support, Service, or Customer Service Call. The Member understands that this extends to emails, text messages, voicemail, and social media posts.

CLA retains the right to terminate and cancel any and all service agreements with a Member for rude, inappropriate comments or unprofessional tone and behavior at any time without prior notice or warning.

CLA also holds the right to prohibit the renewal of support or services from CLA based on improper Member conduct during communications with CLA of any type. The Member agrees and understands that if Membership is terminated or denied the Member is not entitled to refunds or monies returned.

Availability of Live Support

Customer Service is available during normal business hours, Monday through Friday 9am-5pm EST. Technical support is available to currently contracted clients during normal working hours, Monday through Friday 9am-6pm EST. CLA can be reached Via Phone 702-848-SCAN (7226) or email at info@subluxation.com.

 

Technical Support

The Member understands that in providing technical support, CLA is agreeing to use its commercially reasonable best efforts, in good faith to resolve the problem but cannot guarantee that a resolution will be found during that support call or within a reasonable period of time thereafter. .

The Member also understands that if a support case is opened before the current contract termination date, and continues past the expiration date, the Member will be required to purchase a new technical support contract to continue technical support troubleshooting.

The Member further understands that if a support call determines that a repair is needed and the equipment is to be sent to the factory for repair service, there will be additional repair charges payable directly to the factory unless the unit is under warranty.

The Member also understands that CLA will not issue refunds or service extensions if a solution cannot be found or if the solution requires programing changes to take place.

The Member understands that if the resolution is a programing change to the software, the change maybe part of a future software releases and is not guaranteed to be immediate. If CLA is able to find a viable work around to the issue requiring programming changes, CLA retains the right to decide not to update the programing and use the work around as a solution.

CLA will not refund and monies or extend any service contracts for unresolved, or non-solvable technical support cases or because the equipment required repairs instead of troubleshooting.

Software Upgrades & Downloads

CLA offers periodic updates of the INSiGHT Software when available. CLA is under no obligation to update currently working software. However, when updates are released, CLA will make the updated software available via download on the claclarity website to active subscription holders. Software will be available to Subscription levels offering software downloads, but Member is on notice that not all levels offer access to the software. If the Members subscription level does not include access to the software, the Member understands that they will have to upgrade to a different plan that offers software updates or purchase separately a software only update at the then currently published rates. CLA fully tests the working order of new software releases on windows 7 and windows 8 computers.

CLA has not tested any software version higher than7.6.6 with windows XP Computers. Although some versions of updated INSiGHT Software may install on windows XP Computers, such INSIGHT Software updates have not been tested or verified to be functional in windows XP environments.

CLA highly recommends that the software and INSiGHT Equipment be run using windows 7 or 8 computers due to the fact that Software more recent than 7.6.6 has not been tested or verified on XP computers.

CLA Support will not be able to support or install the new versions of software on XP operating systems.

 

Loss of Income, Time or Wages

CLA is not responsible for payment of the Member’s, staff, persons representing the Member, the Member themselves, or company wages, salaries, or monies due to time spent or lost while dealing with a CLA support, sales, or service issue.

The Member understands that CLA answers all support cases in the order in which they are received and an immediate call back or service is not guaranteed. CLA is not responsible if service is slow or requires multiple phone calls, emails, cases, or communications with CLA to complete a service or support call. The Member and all representatives of the Member will use CLA Services at their own pace and on their own means. CLA is not responsible for down time or loss of client/patients due to technical support, repair issues, or any websites being down.

Copyright Intellectual Property Notice

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on CLA online services and CLA content belong to CLA and/or third parties. CLA reserves all of its rights in CLA Content and CLA Online Services. Nothing in the terms grants you a right or license to use any trademark, design right or copyright owned or controlled by CLA or any other third party except as expressly provided in such terms.

License Grant

By posting any User Content via the service, you expressly grant, and you represent and warrant that you have a right to grant, to CLA a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in such User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

Email may not be used to Provide Notice

Communications made through the service’s e-mail and messaging system, will not constitute legal notice to CLA or any of its officers, employees, agents or representatives in any situation where notice to CLA is required by contract or any law or regulation.

Warranties The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, CLA expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, CLA makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you. CLA offers no warranty or refund of any kind due to permanent or temporary service interruptions.

 

Disclaimer Exclusions and Limitations

The information on this web site is provided on an “as is” basis to the fullest extent permitted by law, this Company:

  • Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law.

Governing Law

If any provision of this agreement is deemed unenforceable, the balance of the agreement remains intact and valid. This agreement covers both CLA and all of its suppliers, parent company and any affiliated companies of CLA. The Member agrees to settle through arbitration in Dover, Delaware, any disputes that arise between Member and CLA.  Such arbitration shall be conducted by a single arbiter in accordance with the then-prevailing rules of the American Arbitration Association. The Member also agrees that any claim must be made within ninety (90) days of the occurrence of the event in question or all claims are barred forever.