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TERMS AND CONDITIONS

By visiting PittsburghUpperCervical.com, you are consenting to these Terms and Conditions.

OVERVIEW

These Terms and Conditions govern your use of PittsburghUpperCervical.com (the “Site”).

The terms “we”, “us”, “our,” and the “Practice” refer to Pittsburgh Upper Cervical Chiropractic, PLLC.  The terms “user,” “you” and “your” refer to site visitors, patients, potential patients, customers, and any other users of the site.

The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.

PittsburghUpperCervical.com is owned and operated by Pittsburgh Upper Cervical Chiropractic, PLLC.  PittsburghUpperCervical.com is a website that provides information, resources, and materials about our practice, our services, our professionals, as well as information about chiropractic and other health topics in general (collectively, the “Service”).

Use of PittsburghUpperCervical.com, including all materials presented herein and all online services provided by Pittsburgh Upper Cervical Chiropractic, PLLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, patients, potential patients, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.  If you disagree with any part of these Terms and Conditions, do not use PittsburghUpperCervical.com or any affiliated websites, properties, or companies.

USE OF THE SITE AND SERVICE

All information, resources, and materials on PittsburghUpperCervical.com are based on our opinions, unless otherwise noted. All information is provided only to permit you to learn more about our practice, our services, and our professionals, as well as about chiropractic and other health topics in general.  The information is intended to educated you and motivate you to make your own health decisions after consulting with your health care provider.

We encourage you to consult with your health care professional before making any health changes, especially any changes related to a specific diagnosis or condition. No information on this site should be relied upon to make a medical diagnosis, determine treatment for a medical condition, or determine diet.  The information on this website is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice.

The information on this site and any statements or claims about the possible health benefits conferred by any procedures, protocols, supplements, or foods have not been evaluated and approved by the Food & Drug Administration (FDA), and no information on this site should be used to diagnose, treat, prevent, or cure any disease or condition.  By reading this Site, you acknowledge that you are responsible for your own health decisions. Do not take anything from any website, including this one, and try it without proper research and medical supervision.

We reserve the right to remove, edit, move, or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed pursuant to the Federal Food, Drug and Cosmetic Act.

CHILDREN

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username, and password, and other personal information.  You agree that any registration information you give to Pittsburgh Upper Cervical Chiropractic, PLLC will always be accurate, correct, and up to date.  You must not impersonate someone else or provide account information or an email address other than your own.  Your account must not be used for any illegal or unauthorized purpose.  You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only.  You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.  You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.  You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests.  We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so.  No order is deemed accepted by us until payment has been processed.  We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery.  In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS, AND RETURNS

For information products and courses purchased through this site, send your return and refund request to info@pittsburghuppercervical.com with the subject line “return and refund request” within 14 days of purchase.  Your request must be submitted with photographic proof that you tried applying the information.  We reserve the right to evaluate your request and make a decision accordingly.  Once your request is approved, we will gladly issue you a full refund.  No returns for information products and courses will be accepted 14 days after purchase.

For consumable products purchased through this site, send your return and refund request to info@pittsburghuppercervical.com with the subject line “return and refund request” within 30 days of purchase.  If the product is unopened, kindly drop off or ship your unopened product back to us.  Once we receive the product, we will gladly issue you a full refund.  If your product is damaged or broken upon receipt, we ask that you kindly send photographic proof. We reserve the right to evaluate your request and make a decision accordingly.  Once your request is approved, we will gladly issue you a full refund.  If your product is opened and you are unsatisfied for any reason, we ask that you kindly send photographic proof that you tried the product.  We reserve the right to evaluate your request and make a decision accordingly.  Once your request is approved, we will gladly issue you a full refund.  No returns for consumable products will be accepted 30 days after purchase.

Refer to the FAQ section on each of our product detail pages for product specific return and refund policies.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post, or otherwise make available on the Site or via email any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant Pittsburgh Upper Cervical Chiropractic, PLLC a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development, promotional, and marketing purposes only. By visiting the site, you agree to hold Pittsburgh Upper Cervical Chiropractic, PLLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Pittsburgh Upper Cervical Chiropractic, PLLC including, without limitation, the Pittsburgh Upper Cervical Chiropractic, PLLC logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information, and other intellectual property. You may not copy, reuse, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

LICENSING STATUS

Our doctors are licensed to practice chiropractic in Pennsylvania. Each doctor’s licensing credentials are indicated on the About page of PittsburghUpperCervical.com. The doctors of Pittsburgh Upper Cervical Chiropractic, PLLC practice chiropractic only where licensed to do so.  To the extent the doctors of Pittsburgh Upper Cervical Chiropractic, PLLC are contacted by potential patients seeking chiropractic services where the doctors are not permitted by these or other means to practice chiropractic, Pittsburgh Upper Cervical Chiropractic, PLLC shall decline to provide services.  Pittsburgh Upper Cervical Chiropractic, PLLC does not seek to treat nor advise anyone based solely upon a visit to PittsburghUpperCervical.com or upon advertising, or where to do so would not comply with applicable local laws and rules.  Access to the website from physical locations in which the doctors of Pittsburgh Upper Cervical Chiropractic, PLLC are not permitted to practice chiropractic is inadvertent and unavoidable due to the nature of internet access; any such access is not intended by Pittsburgh Upper Cervical Chiropractic, LLC as an advertising effort or an effort to establish a systematic and continuous presence anywhere in which the doctors are not permitted to practice chiropractic.

CHIROPRACTIC ADVERTISING

This website may constitute chiropractic advertising under the laws of some states. Pittsburgh Upper Cervical Chiropractic, PLLC does not intend its site to constitute chiropractic advertising but recognizes that it may be so considered in certain jurisdictions.  To clarify the purpose of the website and Pittsburgh Upper Cervical Chiropractic, PLLC’s intent as to its visitors, Pittsburgh Upper Cervical Chiropractic, PLLC states that visiting the website and interacting with the materials provided thereon does not establish a doctor-patient relationship.

NO DOCTOR-PATIENT RELATIONSHIP

Neither receipt of information presented on PittsburghUpperCervical.com nor any email or other electronic communication sent to Pittsburgh Upper Cervical Chiropractic, PLLC or its doctors through PittsburghUpperCervical.com will create a doctor-patient relationship. Pittsburgh Upper Cervical Chiropractic, PLLC cannot guarantee the confidentiality of information provided by email through the website.

ESTABLISHMENT OF A DOCTOR-PATIENT RELATIONSHIP AND RIGHT TO REFUSE SERVICE

A doctor-patient relationship with prospective patients is established only when you have signed our intake forms on your first appointment, complied with the terms thereof, and a doctor of Pittsburgh Upper Cervical Chiropractic, PLLC has expressly communicated the ability to accept you as a patient.  The scope of chiropractic services to be performed by a doctor of Pittsburgh Upper Cervical Chiropractic, PLLC will be expressly agreed upon in writing by you before any chiropractic services are performed, and do not include any services that have been expressly excluded or are otherwise outside the scope of the written agreement. The terms herein do not apply to any doctor-patient relationship that may exist between you and Pittsburgh Upper Cervical Chiropractic, PLLC in addition to your use of the site; any materials or other communications within such relationship, if any, are governed by your Terms of Acceptance.

Pittsburgh Upper Cervical Chiropractic, PLLC may decline to provide chiropractic services if a conflict of interest is discovered.  We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so.

NO MEDICAL ADVICE

The information provided on PittsburghUpperCervical.com has not been evaluated by the FDA and is not intended to diagnose, treat, prevent, or cure disease.  It is not medical advice. If you require medical advice, consult your medical provider.

The Site is an educational and informational resource only. It is not a substitute for working one-on-one with a health care professional. We cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. Materials and information provided on the Site are not indicative of likely results in any particular matter.  We cannot guarantee results, and past results do not guarantee future results.  By continuing to use this Site, you acknowledge that we cannot guarantee any particular results; as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this Site are at your own risk. If you need health care advice, you should hire a health care professional.  No user of PittsburghUpperCervical.com should act, or refrain from acting, on the basis of information included on the Site without first consulting his/her health care professional.

NO WARRANTY

We endeavor to describe and display the Service as clearly and accurately as possible.  The information presented on PittsburghUpperCervical.com is provided “as is” and “as available,” and Pittsburgh Upper Cervical Chiropractic, PLLC makes no representation, warranty, guarantee, or claim of usability that the information provided, regardless of its source (the “Content”), is or always will be accurate, complete, reliable, current, or error-free.  Pittsburgh Upper Cervical Chiropractic, PLLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.  Any representation or warranty that might be otherwise implied is expressly disclaimed.  Users of the Site use the information provided here at their own risk, and we are not responsible for any consequence arising from the use of such information.  From time to time, we may correct errors in pricing and descriptions.  We reserve the right to refuse or cancel any order with an incorrect price listing.

THIRD PARTY LINKS, RESOURCES, AND EMAIL ADDRESSES

The Site and the Service contain links to third party websites and resources provided only as a convenience to our visitors.  You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources.  Links to such websites or resources do not imply any endorsement by or affiliation with Pittsburgh Upper Cervical Chiropractic, PLLC.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.

PRODUCTS DISCLAIMER

While we carry Innate Choice, Standard Process, Garden of Life, and Nordic Naturals products, neither Pittsburgh Upper Cervical Chiropractic, PLLC nor any third party associated with, related to, or linked to Pittsburgh Upper Cervical Chiropractic, PLLC’s business or website is in any way affiliated with Innate Choice Inc.®, Standard Process Inc.®, Garden of Life LLC®, or Nordic Naturals Inc.® Innate Choice, Standard Process, Garden of Life, or Nordic Naturals expressly disclaims any responsibility for, and makes no representations or warranties regarding, any statement, information, materials, or content found on or included in Pittsburgh Upper Cervical Chiropractic, PLLC’s marketing materials/website, or any third party marketing materials/websites related to, associated with or linked to Pittsburgh Upper Cervical Chiropractic, PLLC’s business or website. Innate Choice, Standard Process, Garden of Life, and Nordic Naturals products are dietary supplements and not intended to diagnose, treat, cure, or prevent any disease.

COMMENT POLICY

This comment policy pertains to blog post comments, as well as forum and social media comments.  Please assume that any comment you post on the Site is a publicly posted comment.  All comments are moderated and are not approved right away.  We make a sincere effort to present information in a kind, respectful, educational, honest, useful, and constructive way, and we ask the same respect from you. For this reason, rude, offensive, harmful, or personally attacking comments will be deleted.  You are welcome to disagree, just present your information kindly and politely.  Spam comments, as well as comments that don’t contribute to the conversation, are promotional in nature, or are intended for back-link purposes only will be deleted.  Please make a sincere effort to follow basic English writing rules when commenting.  Unintelligible comments will be deleted or edited.  If your question or comment was previously answered or addressed, your comment will most likely not be responded to.  We reserve the right to edit, delete, move, or mark as spam any and all comments, at our sole discretion and as we see fit.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Pittsburgh Upper Cervical Chiropractic, PLLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Pittsburgh Upper Cervical Chiropractic, PLLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Pittsburgh Upper Cervical Chiropractic, PLLC’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Pittsburgh Upper Cervical Chiropractic, PLLC, and if no purchase has been made by you, Pittsburgh Upper Cervical Chiropractic, PLLC’s cumulative liability to you shall not exceed $100.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Pittsburgh Upper Cervical Chiropractic, PLLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Pittsburgh Upper Cervical Chiropractic, PLLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Allegheny County, Pennsylvania. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you, except upon approval by Pittsburgh Upper Cervical Chiropractic, PLLC. Any transfer, assignment, delegation, or sublicense by you is invalid.

COPYRIGHT AND RIGHTS RESERVED

All of the information on this website, including images, text, audio, video, and other forms of content (including the information on these Terms and Conditions) is Copyright © Pittsburgh Upper Cervical Chiropractic, PLLC 2008-2016 and may not be downloaded, reproduced, republished or otherwise copied without express written permission of one of the authors.

None of the posts and articles on PittsburghUpperCervical.com may be re-printed without express written permission of one of the authors. We will respond to written requests to re-print posts, parts of posts, and/or excerpts/quotes.  Attribution is required and all links must be left intact.

The Site and the Service and the selection and arrangement thereof, is protected as a compilation owned by Pittsburgh Upper Cervical Chiropractic, PLLC under the copyright laws of the United States and other countries. We may change or delete any parts or features of the Site or Service at any time, in any way, for any or no reason. We reserve all rights not expressly granted in and to the Site and the Service.

MODIFICATION OF THESE TERMS

Pittsburgh Upper Cervical Chiropractic, PLLC reserves the right to amend any portion of our Site and Service, including these Terms and Conditions, at any time.  We will notify you of any changes to these Terms and Conditions by posting those changes on this page with the effective date listed at the bottom.  You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications.  Any use of the Site or Service by you after being notified means you accept these amendments, whether or not you have reviewed them.  By using PittsburghUpperCervical.com or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.

CONTACT

If you have questions, requests, demands, and other communications regarding our Terms and Conditions, please email us at info@pittsburghuppercervical.com or contact us in writing at Pittsburgh Upper Cervical Chiropractic, PLLC, 8110 Ohio River Blvd., Pittsburgh, PA 15202.

Updated:  December 2016

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