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OUR WEBSITE TERMS OF USE

LAST REVIEWED: 10/18/2016

 

ACCEPTANCE OF THE TERMS OF USE

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Chiromatic.com website. ("us", "we", "our" or “Chiro-Matic”).

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

 

Your use of the website in any form signifies your unconditional acceptance of and agreement to be bound by these terms of use and shall have the same force and effect as if you had actually signed an agreement embodying these terms.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

YOUR LICENSE TO USE OUR SERVICE

You may use the Service only if you can form a binding contract with Chiro-Matic, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your Account on Chiromatic.com.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your Account. Chiro-Matic will not be liable for any loss or damage arising from your failure to comply with this instruction.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party Service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

Subject to these Terms, Chiro-Matic gives you a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post any of the Content on Chiro-Matic anywhere on the rest of the web provided that the Content was added to the Service after September 28, 2016, and provided that the user who created the Content has not explicitly marked the Content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute Chiro-Matic by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the Content on http://Chiromatic.com on every page that contains Chiro-Matic Content; (c) upon request, either by Chiro-Matic or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by Chiro-Matic or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version on http://Chiromatic.com; and (e) upon request, either by Chiro-Matic or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on http://Chiromatic.com. You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Chiro-Matic, or any Chiro-Matic user of you or your use of the work, without the separate, express prior written permission of Chiro-Matic or the Chiro-Matic user.

If you operate a search engine or robot, or you republish a significant fraction of all Chiro-Matic Content (as we may determine in our reasonable discretion), you must additionally follow these rules:

  • You must use a descriptive user agent header.
  • You must follow robots.txt at all times.
  • You must make it clear how to contact you, either in your user agent string, or on your website if you have one.

Use of any part of our Website or services is void where prohibited. By using our Website or services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use; (d) you have the authority to enter into these Terms of Use; and (e) your use of our Website or services does not and will not violate any applicable law, regulation, or agreement.

RULES

You may only use this website for lawful purposes and must not do any of the following while accessing or using the Service:

  1. Use the Website in any way that violates the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction, including any applicable federal, state, local, and international law or regulation;
  2. Upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to Chiro-Matic" section of these terms;
  3. Use the Service for the purpose of spamming anyone;
  4. Access or tamper with non-public areas of the Service, Chromatics’ computer systems, or the technical delivery systems of Chromatics’ providers;
  5. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  6. Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Chiro-Matic (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate Agreement with Chiro-Matic (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Chiro-Matic except as permitted by these Terms is expressly prohibited);
  7. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
  8. Use any robot, spider, or other automatic device, process, or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website), other than on behalf of a publicly accessible search engine;
  9. Intercept or attempt to intercept electronic mail not intended for you;
  10. Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent;
  11. Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  12. Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
  13. Misrepresent an affiliation with any person or organization;
  14. Restrict or inhibit use of our Website or services by others;
  15. Take any action that imposes an unreasonable or disproportionately large load on Chromatics’ infrastructure;
  16. Collect information about others (including email addresses) without their consent;
  17. Download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over our Website or services, or that you have a contractual obligation to keep confidential (notwithstanding its availability on our Website or services); or
  18. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website or services, or which, as determined by Chiro-Matic, may harm Chiro-Matic or users of this Website or expose them to liability.


COMMUNICATIONS

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

USER CONTENT

The Website may contain message boards, chat rooms, blogs, review pages, personal web pages, email capabilities, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users (hereinafter “post”) content or materials on or through the Website or to submit suggestions, feedback, or inquiries to Chiro-Matic (collectively, “User-Generated Content”). All User-Generated Content must comply with the Content Standards set out below in these Terms of Use and will be considered non-confidential and non-proprietary.

"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

 

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of anyone found to be infringing on a copyright.

 

Additionally, by uploading Content to the Site, you warrant, represent and agree that you have the right to grant Chiro-Matic the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Chiro-Matic reserves the right in its discretion to remove any Content from the Site, suspend or terminate your Account at any time, or pursue any other remedy or relief available under equity or law.

You agree that this license includes the right for other users of the Service to modify your Content, and for Chiro-Matic to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and Services, subject to our terms and conditions for such Content use. Such additional uses by Chiro-Matic or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.

We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, Services or media.

By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants), (ii) enforce or administer our Agreements with users (such as these Terms), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Chiro-Matic, its users and the public.

We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Chiro-Matic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

In addition, Content found on or through this Service are the property of Chiro-Matic or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Chiro-Matic in its sole discretion. If you do not agree to these terms, do not submit any User-Generated Content.

 

USER IDENTITY

Chiro-Matic does not warrant or claim to have verified the identity of any user providing User-Generated Content. While prohibited by the Content Standards, there may be users who post under a false identity. Chiro-Matic reserves the right at all times to disclose the contact, personal information, and any other information of a user as is necessary to satisfy any law, regulation, or government request, to the fullest extent of applicable law.

Chiro-Matic will cooperate with any governmental authority in connection with any inquiry into any user or any User-Generated Content and may disclose information pertaining to any User-Generated Content to any governmental authority as may be requested.

 

CHIROMATIC’S Privacy policy

The personally identifiable information that you provide us when using our Website (including when purchasing products) is subject to our privacy policy, which is incorporated by reference into and is a part of these Terms of Use. Please take the time to review the important information contained in our privacy policy regarding our collection and use of this information.

Chiro-Matic reserves the right at all times to disclose the contact, personal information, and any other information of a user as is necessary to satisfy any law, regulation, or government request, to the fullest extent of applicable law.

If you follow a link to a third party website, we no longer control the use of any information you provide. You should review the privacy practices of the third-party’s website carefully before engaging in any transactions or providing any information on such website(s).

 

TERMS OF SALE

The terms of sale with regard to the placement of orders and the purchase of mattresses or other products from Chiro-Matic through the Website are governed by the Terms of Sale and other purchase-related policies available on the Website, such as the "Warranty" and "Return Policy", which are in effect at the time of purchase. Additionally, please know for NJ, where Chiro-Matic LLC has nexus, and for states where we are required to pay the online tax which is NJ, Chiro-Matic pays that obligation. For all other states where we do not have nexus you are able to pay the tax on your tax return under 'user tax'.

 

INTERNATIONAL USERS

This Website is hosted and operated by Chiro-Matic in the United States, pursuant to the applicable laws of the United States and the State of New Jersey. We make no representation whatsoever that the materials or content on the Website are appropriate or available for use in locations outside of the United States (each, an “Other Jurisdiction”). Users located or otherwise accessing the Website from outside of the United States (each, a “Non-U.S. User”) do so on their own initiative and hereby (i) consent to the exclusive application of the laws of the United States and the State of New Jersey with respect to these Terms of Use; (ii) acknowledge and agree that the laws of any Other Jurisdiction shall not apply to these Terms of Use; and (iii) acknowledge and agree that Non-U.S. Users shall solely be responsible for complying with any applicable laws of such Other Jurisdictions in connection with their respective use or access to the Website.

 

INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS

The Website and all of the content now or hereafter included thereon, including, without limitation, all photographs, images, designs, text, articles, publications, catalogs, digital downloads, product information, software, code, technology, data, video and audio, graphics, logos, icons, slogans, trade names, product/service names, trademarks, service marks, domain names, and the “look and feel”, design, selection and arrangement of the Website as a collective work and/or compilation (collectively the “Content”) are protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition, and other intellectual property or proprietary rights, and are owned or licensed, as the case may be, by Chiro-Matic, except to the extent otherwise expressly indicated or attributed in the Content. For the avoidance of doubt, the distinctive and original layout and presentation of this Website constitute protectable trade dress under applicable federal law.

Names, brands, and marks of third parties may be the trademarks or registered trademarks of their respective owners and are used by Chiro-Matic subject to license, or used for identification purposes only. You may not use the marks for any purpose except as authorized below.

Chiro-Matic grants you a non-exclusive, non-transferable, revocable, limited right to access, use, and display the Website and its Contents solely for your personal, noncommercial (other than for the purchase of merchandise from Chiro-Matic) use only. Except as otherwise provided herein, you may not copy, reproduce, duplicate, modify, create derivative works from, publicly display or perform, publish, republish, transfer, sell, download (other than page caching on your web browser), store, transmit, distribute, or exploit this Website (or any portion thereof), its contents, any materials downloadable therefrom, or any related software, without the express prior written consent of Chiro-Matic. Any other use of the Content is strictly prohibited.

You may not use the trademarks, logos, or service marks of Chiro-Matic in connection with any product or service that is not expressly authorized by Chiro-Matic, in any manner that is likely to cause consumer confusion, or in any manner that disparages or discredits Chiro-Matic.

Any unauthorized use, reproduction, or distribution of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Chiro-Matic or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

 

COPYRIGHT POLICY

Chiro-Matic respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:

Chiro-Matic, Inc.
Attn: Copyright Agent
Email: copyright@Chiromatic.com

Please note that in addition to being forwarded to the person who provided the allegedly illegal Content, we may send a copy of your notice (with your personal information removed) to lumen (https://lumendatabase.org) for publication and/or annotation. A link to your published notice will be displayed on Chiro-Matic in place of the removed Content.

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Chiro-Matic will also terminate a user's Account if the user is determined to be a repeat infringer.

You understand and agree that: (1) Chiro-Matic assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Website by you or by any other users or third parties, and (2) Chiro-Matic is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act (DMCA).

We will promptly address any alleged infringement. Please direct all such notifications to info@Chiromatic.com and insert “Re: Copyright Violation” in the subject line header of the email.

 

Termination or suspension of use

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 
If you wish to terminate your Account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Chiro-Matic and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your Account and password; b) a breach of these Terms, or c) Content posted on the Limitation Of Liability

In no event shall Chiro-Matic, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or Content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

CHANGES TO WEBSITE

We expressly reserve the right, with or without notice to you, to change, suspend, discontinue, and/or restrict the Website or any portion or aspect thereof (including site maps, menu structures, access procedures, buttons, and/or any products, services, catalogs, publications, digital downloads, data, or other information contained or available on the Website) at any time, for any reason, and without liability to you.

 

LINKS TO THIRD-PARTY WEBSITES

Our Service may contain links to third party web Sites or Services that are not owned or controlled by Chiro-Matic.

The inclusion of any link to such websites does not imply the endorsement, affiliation, or recommendation by Chiro-Matic of such other website(s), and is for your reference and convenience only. Chiro-Matic has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection therewith. Clicking through to any third-party website is at your own risk, and subject to the terms and conditions of the third-party website, which you should review carefully before engaging in any transactions or providing information on such website(s).

You acknowledge and agree that Chiro-Matic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such third party web Sites or Services.

 

COLORS AND TEXTURES

Chiro-Matic attempts to assure that the display of the colors and textures of our products that appear on the Website is as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor’s display of any color will be 100% accurate.

 

INACCURACY DISCLAIMER

Chiro-Matic does not guarantee that the information or Content contained on this Website will not contain errors, inaccuracies or omissions. From time to time there may be information on the Website that contains typographical errors, inaccuracies, and/or omissions that may relate to colors, product descriptions, pricing, availability, or other Content on this Website. Chiro-Matic reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or Content at any time, each without prior notice to you (including prior to fulfilling any order that you may have submitted). Further, Chiro-Matic reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed, and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Chiro-Matic will promptly issue a credit to your credit card.

If you have you have any questions or in the unlikely event encounter such an experience, please contact our Customer Service Department at 1-877-517-6266 or email us at info@Chiromatic.com.

 

DISCLAIMER

You acknowledge and agree that:

  1. This site is provided by Chiro-Matic on an “as is”, “as available” basis. Your use of the site, its contents, and any services or products obtained through the website is at your own risk and, except as otherwise expressly provided, Chiro-Matic makes no representations or warranties of any kind, express or implied, with respect to the website and the information, content, services, or products available from this website, or that the website will be secure, accurate, reliable, error-free, uninterrupted, or free of viruses or other harmful components.
  2. To the fullest extent permissible by applicable law and except as otherwise expressly provided, Chiro-Matic hereby disclaims all warranties of any kind, express or implied, with respect to the website and the information, content, services, or products available from this site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Because our Website is provided to you “AS IS,” you agree that Chiro-Matic shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications, or other information you submit using our Website. Because our Website is provided to you “AS AVAILABLE,” you agree that Chiro-Matic shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Chiro-Matic Website or of your ability to access it.
  3. Chiro-Matic also disclaims any warranty that (i) our Website will meet your requirements, (ii) our Website’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our Website will be accurate or reliable (and Chiro-Matic disclaims any liability for damages that may arise from your reliance on any such information or communication).
  4. You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our Website. Chiro-Matic shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.

Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.

 

LIMITATION OF LIABILITY

You agree that Chiro-Matic, its licensees, licensors, and affiliates shall not be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential, exemplary, or punitive damages, such as damages for lost profits or loss of goodwill, use, or data (even if Chiro-Matic has been advised of the possibility of such damages), that result from: (a) your use of or inability to use the Chiro-Matic website; (b) access to or alteration of your personally identifiable information or other information in an unauthorized matter; (c) representations or conduct of any third party related to the Chiro-Matic website; or (d) any other matter relating to the Chiro-Matic website. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Your sole remedy for dissatisfaction with the website is to stop using the website. Chromatics’ liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Chiro-Matic for the service, information, or product on which such cause of action is based.

 

INDEMNIFICATION

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, CHIROMATIC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content thereon. Chiro-Matic will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Chiro-Matic has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Chiro-Matic or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHIROMATIC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CHIROMATIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your Account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

 

CHOICE OF LAW

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without regard to its principles of conflict of laws.

 

DISPUTE RESOLUTION; ARBITRATION

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at info@Chiromatic.com or contacting and/or chatting with us live here. We strive to exceed our customers' expectations and resolve any concerns in a timely and satisfactory manner without the need for formal dispute resolution procedures.

This provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Chiro-Matic. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court, and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.

Any controversy or claim arising out of or relating to the use of this Website, any product or services provided by Chiro-Matic on or through this Website, shall be settled on an individual basis by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New Jersey. The arbitration shall be governed by the laws of the State of New Jersey. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

You hereby irrevocably waive any objections on the basis of forum non-conveniens, venue, and jurisdiction. No action with respect to this Website (or to products or services purchased through the Website) shall be joined to an action involving any other party, whether through class proceedings or otherwise.


You agree that any Action arising out of or related to the Website (or to products or services purchased through the Website) must commence within one (1) year after such Action accrues, otherwise, such Action is permanently barred. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction (including in any Other Jurisdiction with respect to a Non-U.S. User).

 

SEVERABILITY; WAIVER

If for any reason a court of competent jurisdiction finds any provision (or portion thereof) of these Terms of Use to be unenforceable, the remaining provisions (or portions thereof) shall be enforced to the maximum extent permissible and shall continue in full force and effect so as to effect the intent of these Terms of Use. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

 

ENTIRE AGREEMENT

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Website) constitute the entire agreement between you and Chiro-Matic with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Purchases on behalf of a company or organization. 


If you are an individual and intend to use products or services purchased from Chiro-Matic in performing your duties on behalf of a company or organization (the “Primary Customer”), either as an employee or independent contractor and either directly for the Primary Customer or in providing services at the direction of the Primary Customer, these Terms of Use are also between Chiro-Matic and the Primary Customer, and you hereby represent and warrant that you have the authority to enter into these Terms of Use on the Primary Customer’s behalf and agree that you are entering into these Terms of Use on behalf of the Primary Customer as well as yourself and that both you and the Primary Customer are bound by these Terms of Use (you and the Primary Customer being referred to herein individually and collectively as “you”).

 

CONTACT US

If you have any questions about these Terms of Use or want to request permission to reproduce Content from this Website, please contact us in one of the following ways:

>Email us at: info@Chiromatic.com

Mail us at: 939 Ridge Rd. Monmouth Junction, New Jersey 08852.

Chat live with us at: http://Chiromaticmattress.com

Call us at: 1-877-517-6266

 

THIRD PARTY BENEFICIARIES -- MEDICAL AND LEGAL CONTRIBUTIONS

All Chiro-Matic users who provide answers to legal or medical questions are intended third-party beneficiaries ("Legal & Medical Contributors") of this section of the Terms of Use. The answers on this Site are provided by Legal & Medical Contributors for informational purposes only. Chiro-Matic and Legal & Medical Contributors TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall Chiromatic or Legal & Medical Contributors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Chiro-Matic or its Legal & Medical Contributors is advised of the possibility of such damages. Neither Chiro-Matic nor the Legal & Medical Contributors are liable for any personal injury, including death, caused by your use or misuse of the Site or Content.

Chiro-Matic has provided certain disclaimer template language that Legal & Medical Contributors may edit and incorporate in their answers. Ethics rules differ by state, so we are not sure that this language will work for every attorney in every location -- especially since rules can change over time. Legal & Medical Contributors should edit or add to disclaimer language as necessary to comply with their own state's rules.

As always, we do not monitor or control the Content posted via the Service; the answers and messages created by Legal & Medical Contributors are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by Legal & Medical Contributors, nor do we endorse any opinions they express.

 

ANSWERS TO MEDICAL QUESTIONS

Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.

If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.

  1. Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
  2. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
  3. You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
  4. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider.
  5. Content does not recommend or endorse any tests, physicians, products, procedures, opinions or other information.
  6. Content is not regulated by the Food and Drug Administration or any state or national medical board.

Information posted to Chiro-Matic publicly or sent in an unsolicited message to a Medical Contributor is not confidential and does not establish a physician-patient relationship without the express consent of the Medical Contributor.

 

ANSWERS TO LEGAL QUESTIONS

Content posted by Legal Contributors in response to legal questions is not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have Services to aid you in finding an attorney. For example, California residents should visit How Can I Find and Hire the Right Lawyer?


Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content.

  1. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests.
  2. You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
  3. Content is not regulated by any state or national bar association.
  4. Information posted to Chiro-Matic publicly or sent in an unsolicited message to a Legal Contributor is not confidential and does not establish attorney-client relationship without the express consent of the Legal Contributor.


Reuse of Chromatics’ Policies, Disclaimers, & Terms of Use Language Regarding Legal & Medical Contributors

In order to develop Web industry standards for online contributions by legal and medical professionals, Chiro-Matic encourages other companies and organizations to adopt all or part of our policies, disclaimers, and terms of use language as part of their own products and Terms of Service. Chiro-Matic therefore expressly permits other companies to copy and edit the provisions contained in this section of its Terms of Service for their own use. Additionally, Chiro-Matic welcomes comments and suggestions on these terms as part of the ongoing debate regarding how professionals can comply with their professional responsibilities while being active, informative participants in online discussions.

2016 Chiro-Matic, LLC, all rights reserved.

If you have questions about these Terms, please contact us at info@chiromatic.com