Terms of Use

It is advised that all users carefully review this agreement in its entirety. Your ongoing use of ChiroExeStretches’ content and services signifies your acceptance of these Terms of Use. Please note that these terms may have been modified since your last review. Stay informed about any amendments, as your continued use implies agreement with the most recent terms.

This Terms of Use Agreement contains crucial details about your CHIROEXESTRETCH account. It is essential that you invest time in reading and comprehending it. In this document, “CHIROEXESTRETCH,” “We,” or “Us” refers to CHIROEXESTRETCH, CES, EXESTRETCH, CHIROEXESTRETCH.COM, EXESTRETCH.COM, and EXESTRETCH LTD.

CHIROEXTRETCH retains the right to alter, modify, add, or remove any portion of this Agreement, as well as any aspect of EXESTRETCH content, services, and features, including pricing, at any given time. It is advised that you periodically review the Terms of Use Agreement to stay informed about any revisions.

Crucially, if you opt to accept this Agreement, it must be done without alterations – EXESTRETCH LTD will not entertain changes (additions or deletions). Should any forthcoming modifications be unacceptable to you, it is recommended that you cease using EXESTRETCH. Your ongoing use of EXESTRETCH, either now or subsequent to the announcement of such alterations, will signify your acceptance of this Agreement and any ensuing changes.

DEFINED TERMS:

The following terms are defined for clarity within this context:

1. Services: This encompasses access to CHIROEXESTRETCH Content, utilized for guidance and clarification in the context of additional Chiropractic advice.

2. Fee Based Service: Refers to the fees paid by healthcare providers of subscribing organizations for access to EXESTRETCH Content.

3. Printed Materials: Encompasses, but is not limited to, advice templates and copies of stretch, exercise, and advice lists provided to subscribing organizations.

4. EXESTRETCH Content: Encompasses all materials provided by EXESTRETCH, as found on CHIROEXESTRETCH.COM. This includes, but is not limited to, information, programming code, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, and other materials. These are acknowledged to be valid and protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, in all forms, media, and technologies existing now or developed in the future.

5. Your and You: Whether capitalized or not, these terms encompass a subscribing individual, group, company, or entity and their employees, agents, officers, directors, stockholders, and representatives. This also includes all patients and/or clients under the direct supervision of a licensed physician, chiropractor, or other subscribing individual, group, company, or entity.

6. End User: Encompasses all patients and/or clients under the direct supervision of a licensed physician, chiropractor, or other subscribing individual, group, company, or entity.

7. User: Encompasses a subscribing individual, group, company, or entity and their employees, agents, officers, directors, stockholders, and representatives. This term also includes all patients and/or clients under the direct supervision of a licensed physician, chiropractor, or other subscribing individual, group, company, or entity.

ELECTRONIC SIGNATURE AND AGREEMENT EFFECTIVE DATE:

The Terms of Use Agreement will not be conventionally “signed” on paper. By clicking “I Agree,” you confirm that you have thoroughly read the Agreement provided below and consent to being bound by all its terms and conditions. The effective date of this Agreement will be the date you accept it by clicking the “I Agree” button or the date you initiate the use of the Services, whichever comes first.

If you DISAGREE with any provision outlined in this Agreement, refrain from clicking “AGREE,” and you will not be granted access to the Exestretch Content.

Any dispute or claim arising from or related to the use of Exestretch Content or this Agreement, including its performance, breach, or interpretation (excluding issues related to non-payment, infringement of Exestretch’s intellectual property, or collections issues, which may be litigated in a court of competent jurisdiction), shall be exclusively resolved through final binding arbitration with a single arbitrator.

The arbitrator is obligated to make reasonable efforts to streamline discovery and conclude the arbitration proceedings promptly. A written decision will be rendered by the arbitrator within thirty (30) calendar days of the hearing.
The arbitrator is not permitted to award attorney’s fees, punitive damages, incidental damages, consequential damages, treble damages, or other multiple or exemplary damages. The parties mutually agree to waive any claims for such damages. However, either party may seek judicial relief to enforce compliance with the provisions of this Section or to obtain injunctive or other equitable relief to safeguard its intellectual property rights.

Arbitral awards are considered final, binding, and non-appealable. These awards can be filed with one or more courts, whether state, federal, or foreign, that have jurisdiction over the party against whom the award is issued or its property. In cases involving intellectual property, non-payment, or collections issues brought to court, the prevailing party is entitled to have all fees and costs paid by the non-prevailing party.

GOVERNING LAW:

This Agreement is considered executed in, governed by, performed in, and construed and enforced in accordance with the laws of New Zealand, without giving effect to its conflicts of laws provisions or principles.

LICENSE GRANT:

Subject to the conditions outlined in this Agreement, Exestretch grants the User a nonexclusive, non-transferable license to access and use the Exestretch Content and Services for internal business purposes only, without the right to sublicense such rights. The User must unconditionally agree to access and use the Exestretch Content and Services in accordance with this Agreement (“License”). Under this License, the User may produce printed copies (“Copies”) of exercise pages and other materials generated for internal business purposes only. Any updates, modifications, enhancements, or new versions of the Exestretch Content and Services provided or made available by Exestretch shall be considered part of the Exestretch Content and Services under this Agreement. Exestretch reserves the right to modify, discontinue, delete, or restrict any aspect or feature of the Exestretch Content and Services without notice or liability, but agrees to make commercially reasonable efforts to provide the User with prior notice of such changes.

You may not use or allow others to use the Exestretch Content and Services except under the expressly listed terms. This includes not modifying, translating, reverse engineering, decompiling, or creating derivative works based on the Exestretch Content and Services. Renting, leasing, selling, offering to sell, distributing, or transferring rights to the Exestretch Content and Services is prohibited. Developing, selling, or distributing applications that integrate with the Exestretch Content and Services or make use of the data is also restricted. Removing any proprietary notices or labels on or relating to the Exestretch Content and Services is not allowed. Additionally, you must meet the specified computer and device requirements, subject to change by Exestretch.

All rights, title, and interest in and to the Exestretch Content (including intellectual property rights) shall remain with Exestretch and/or its licensors. The Exestretch Content is protected by New Zealand copyright law, international copyright treaties, and other proprietary rights.

DISCLAIMER:

EXESTRETCH PROVIDES ITS WEBSITES, SERVICES, AND EXESTRETCH CONTENT “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, EXESTRETCH CONTENT, WEBSITES, OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXESTRETCH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITES, SERVICES, AND EXESTRETCH CONTENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EXESTRETCH DOES NOT WARRANT THAT EXESTRETCH CONTENT, THE WEBSITES, OR SERVICES WILL MEET YOUR REQUIREMENTS OR OPERATE UNINTERRUPTED OR ERROR-FREE.

Exestretch makes no warranties or guarantees regarding the accuracy or completeness of the information in the Exestretch Content and Services. It is not responsible for errors or omissions or the results obtained from using such information. The information is not intended as medical advice and should not replace advice from licensed healthcare professionals familiar with the End User’s condition. Exestretch will not be liable for direct, indirect, consequential, special, exemplary, or other damages arising from the use of the information. Treatment methods may change with new information, and the information provided by Exestretch may not represent the most current practices in physical rehabilitation. The information provided by the User, to the End User, is at the discretion of the User and in accordance to their professional license as a licensed practitioner. It is the Users responsibility to assess the End Users presentation and provide the correct advice, the content on Exestretch is a guide for the User. Exestretch takes no responsibility or liability for injury or damages to the End User as a result of advice given to the End User by the User of Exestretch material. Exestretch states that this site is for Partitioners and requires the practitioners license number, if this has been given by the User and received by Exestretch, Exestretch is indemnified of damages caused to any End User if this information is false, incorrect or not up-to-date regarding licensing.

HEALTH-SPECIFIC DISCLAIMER:

Exestretch Content and Services provide guidance and clarification for rehabilitation, intended to assist licensed chiropractors or other certified professionals in their physical rehabilitation recommendations. Exestretch is not a medical organization and cannot provide medical advice or diagnose conditions. The information and reports generated by Exestretch are provided to End Users on behalf of the User. If an End User experiences pain, exacerbation, or a change in medical condition, they should seek appropriate medical attention immediately. CHIROExestrech makes all effort to provide safety advice in the material given thought it is the Users responsibility to advise End Users when to seek appropriate medical advice if the End Users symptoms decline.

LIMITATION OF LIABILITY:

You explicitly acknowledge and agree that Exestretch bears no responsibility for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any other damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. This holds true even if the possibility of such damages has been advised. These damages may arise from:

(a) The use or inability to use Exestretch Content and Services, including fee-based products, due to maintenance, hosting shut down, sites shut down, unexpected shut down of any nature.

(b) The utilization of any Exestretch Content or other materials, including fee-based products, and/or any materials on websites owned by Exestretch.

(c) The cost of procurement of substitute goods and services resulting from goods, data, information, or services purchased or obtained, or messages received or transactions entered into through or from Exestretch, including fee-based products.

(d) Unauthorized access to or alteration of your transmissions or data.

(e) Statements or conduct of any third party on Exestretch, including fee-based products.

(f) Any other matter relating to Exestretch Content or Services.

In no event shall Exestretch’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing or using Exestretch Content & Services. If you are dissatisfied with Exestretch Content or Services, or any portion thereof, or with any provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of Exestretch Content and Services.

REGISTERED AND LICENSED USERS:

To access and utilize the Exestretch Content and Services, a User must complete the registration process with Exestretch. This involves providing Exestretch with an email address, up-to-date registered practicing license in the region you are practicing, paying the applicable license fee (“Fee”), and acquiring a unique password for accessing the Exestretch Content and Services (“Password”). The Fee is determined at the time of registration based on the Subscription type (trial, monthly, annual membership) and the number of licensed users.

It is important to note that the Fee does not guarantee 24/7/365 access to the Exestretch Content and Services. Both Exestretch and the User acknowledge and agree that Exestretch may collect email addresses from Users when they access and use the Exestretch Content and Services. Each User bears responsibility and full liability for all actions or omissions carried out under their Password and any passwords issued by the User to End Users. It is the Users responsibility to secure their login and password details, all the details under these terms and conditions apply to the User and End Users regardless if User details are compromised due to inability to secure privacy detail, login and password details.

DATA:

Users agree that Exestretch, including any contracted individual or entity responsible for maintenance, development, or other necessary services for the operation of Exestretch’s websites, is authorized to access any information or data provided by a User during access or use of the Exestretch Content and Services (“Data”). This access includes reports or numeric results and is aimed at ensuring proper access and utilization of the Exestretch Content and Services by the User in compliance with this Agreement, as well as for the maintenance and troubleshooting of Exestretch Content and Services.

In adherence to the terms and conditions outlined in this Agreement, Exestretch will store and maintain Data, reports, and numeric results. Exestretch will follow the same archival procedures for User’s Data, reports, and numeric results as it does for its own data, with modifications made at Exestretch’s discretion. In the event of any loss or damage to User’s Data, reports, or numeric results, the User’s sole and exclusive remedy will be for Exestretch to exert commercially reasonable efforts to replace or restore the lost or damaged data from the latest backup maintained by Exestretch following its standard archival procedures.

PERFORMANCE:

Users acknowledge and accept that the operation and availability of systems used to access and interact with Exestretch Content and Services, such as computer networks and the Internet, can be unpredictable. These systems, whether supplied by the User or Exestretch, may occasionally interfere with or prevent access to, use, or operation of Exestretch Content and Services. Exestretch bears no responsibility for any such interference or prevention affecting a User’s access and use of Exestretch Content and Services.

ACCESS:

To access and utilize Exestretch websites, users must have Internet access and navigate to http://www.chiroexestretch.com or any other associated URLs with Exestretch. For users to access and utilize the exercise email feature (subscription required) of Exestretch Desktop, they must have access to the World Wide Web and possess email capabilities. It is the Users responsibility to make sure email communication is whitelisted/not spam or directed away from the Users primary mailbox or form of communication listed with Exestretch.

ACCOUNT USER AND PASSWORD:

Registered users or subscribers are solely responsible for maintaining the confidentiality of their passwords and user account information. In the event of any known or suspected unauthorized use of an account or breach of security, including loss, theft, or unauthorized disclosure of passwords, users must promptly notify Exestretch. Users bear complete responsibility for all activities under their user account and agree to be financially responsible for any usage or activity of Fee-based Services subscribed to by their email address. Users also commit to promptly informing Exestretch of any other unauthorized use of their user account or any other security breaches within their knowledge. Users are prohibited from assigning, transferring, or sublicensing their rights as registered users or subscribers to Fee-based Services.

RESTRICTION ON USE OF CONTENT:

All Exestretch Content is protected by copyright laws and, if applicable, similar foreign laws. Exestretch owns the copyright in the selection, coordination, arrangement, and enhancement of Exestretch Content. Trademarks appearing on Exestretch websites belong to their respective owners. Exestretch and all names associated with Exestretch are trade names, registered trademarks, and service marks of Exestretch. Users are forbidden from modifying, publishing, transmitting, distributing, performing, participating in the transfer or sale, creating derivative works of, or exploiting any Exestretch Content, in whole or in part. Ownership interest is not obtained when Exestretch Content is received in printed form or downloaded to a computer. Modification or use of Exestretch Content for any purpose, including but not limited to printed form or on other websites or networked computer environments, is strictly prohibited without prior written consent from Exestretch. Failure to comply with these terms constitutes a breach of Exestretch's intellectual property rights, and legal or equitable remedies may be pursued under copyright, trademark, intellectual property, and breach of contract law.

PROHIBITED USES:

Exestretch imposes specific restrictions on the acceptable use of its websites. Users are prohibited from violating or attempting to violate any security features of these websites, including, but not limited to:

(a) Accessing content or data not intended for the user, or logging onto a server or account without proper authorization.

(b) Attempting to probe, scan, or test the vulnerability of the websites, associated systems, or networks, or breaching security or authentication measures without proper authorization.

(c) Interfering or attempting to interfere with service to any user, host, or network, including, but not limited to, submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”

(d) Using Exestretch websites to send unsolicited emails, including promotions or advertisements for products or services.

(e) Forging any TCP/IP packet header or any part of the header information in any email or posting using Exestretch websites.

(f) Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Exestretch in providing its websites.

(g) Utilizing any Exestretch website or content to commit fraud upon any person, company, or governmental agency (e.g., Medicaid). Any violation of system or network security may subject the user to civil and/or criminal liability.

(h) Exestretch is not responsible for the sharing of User End content by AI of any form. Exestretch does not allow AI to access CHIROExetretch.com User end content, past login.

http://www.chiroexestretch.com is controlled and operated by Exestretch Ltd. From its offices in New Zealand, Exestretch makes no representation that any of the materials or services to which users have been given access are available or appropriate for use in other locations. Users’ use of or access to Exestretch websites should not be construed as Exestretch purposefully availing itself of the benefits or privilege of doing business in any country, state or jurisdiction other than New Zealand.

PRIVACY:

Exestretch emphasizes the importance of user privacy. All personal information, including email addresses and credit card details, is securely stored in on off sit database. Exestretch uses a third party collector for funds transfer. On completing your subscription with Exestretch you acknowledge this third party collector and accept this third parties terms and conditions and indemnify Exestretch of storage of personal information.

INDEMNIFICATION:

Users agree to indemnify, hold harmless, and, at Exestretch’s option, defend Exestretch and its affiliates, as well as their shareholders, officers, directors, employees, stockholders, agents, and representatives, from any claims, liability, damages, and/or costs arising from or connected to the use of Exestretch websites, Content and Services, or products/offers (including, but not limited to, Fee-based Services). This includes violations of the Agreement, using Exestretch websites, content, or services to perpetrate fraud, or infringing on intellectual property or other rights of any person or entity, either directly or indirectly by any other user with or without the user’s knowledge.

FORCE MAJEURE:

Exestretch shall not be held liable for any delay or failure in performing obligations outlined in this Agreement when such delay or failure is beyond reasonable control and occurs without gross negligence or willful misconduct on the part of Exestretch. Such circumstances may include, but are not limited to, acts of God, government actions in its sovereign or contractual capacity, acts of public enemies, acts of civil or military authority, war, riots, sickness, pandemic, computer viruses, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failures or delays, labor disputes, strikes, shortages, supply shortages, equipment failures, or malfunctions in Exestretch Content. The time for performing any delayed act may be postponed for a duration equal to the period of the delay.

COPYRIGHT COMPLAINTS:

Exestretch respects intellectual property rights and reserves the right, at its sole discretion, to terminate the rights of any user infringing on the intellectual property rights of others. Users are encouraged to report copyright infringement by contacting CHIROExestreth at [email protected]

ELIGIBLE SUBSCRIBERS:

To assume responsibilities under this Agreement, you must be a licensed practitioner.

SUBSCRIPTION FEES AND SERVICE COMMITMENT:

You agree to pay subscription fees in advance, covering access to Exestretch Content and Services as defined in this Agreement. Payment options may change over time, and Exestretch reserves the right to discontinue any option without notice. You can switch payment options at the end of each period, with a potential reactivation fee if needed. Promotional subscription fees may have additional restrictions, and additional terms may apply to multiple subscriptions under the same account. Your subscription fee does not include services, features, or functionality beyond what is specifically detailed in this Agreement. You won’t receive an invoice or receipt for this electronic authorization. If you don’t report discrepancies within 30 days of appearing on any statement, you’ll be considered to have accepted the charged amounts, releasing Exestretch from liability for any error or discrepancy not reported within the 30-day notice period.

SETUP AND CUSTOMIZATION:

Exestretch will generate necessary login pages and passwords for you, but the responsibility lies with you to register your User

ANNUAL AND PRE-PAID SUBSCRIPTIONS:

For pre-paid subscriptions with a fixed term, you’ll receive the Service for the specified duration. At the term’s end, your subscription will automatically renew for the same period (e.g., annual to annual, monthly to monthly, trial to monthly). Pricing is subject to rates in effect at renewal. If you accept a trial offer, your subscription will end at the end of the trial, it will automatically enroll you into a monthly subscription at the end of the trial, if you do not wish to continue after the end of the trial you need to cancel your subscription before the end of your trial date. Trials are a one time only offer. Termination before the fixed term’s end, or termination by Exestretch for agreement violations, won’t result in a refund of pre-paid subscription fees.

MONTHLY BILLING SUBSCRIPTIONS:

Monthly subscribers agree to pay Exestretch a monthly fee (the “Monthly Fee”) in advance, billed monthly. Your account will be charged upon subscription activation. Billing starts from your subscription date, not necessarily the month’s first day. Subscribers joining on the 29th, 30th, or 31st day of any month will be billed on the last day of months without those days. Exestretch reserves the right to increase the Monthly Fee, notifying you via email at least one month before the effective date. If you don’t cancel before the notice period ends, you’re deemed to have accepted the increase. Exestretch may modify its monthly billing cycle as needed.

PAYMENT AUTHORIZATION:

If you opt for a subscription with recurring payments, including a pre-paid option converting to an annual or monthly plan, you authorize Exestretch to automatically charge the subscription fee to your credit or charge card at each period’s start. Your Exestretch service access begins after verifying accurate credit card information and confirming good standing. Additional fees, like early termination or reactivation fees, may also be charged to your credit card. Exestretch reserves the right to extend your credit card’s expiration date for continuous service. The service fees, termination fee, reactivation fee, interest, and other fees may be changed at Exestretch’s discretion, including new fees for features not part of your initial subscription. You’ll be notified 30 days in advance of any fee changes; current fees are available by contacting [email protected] or via our website pricing page. Exestretch can suspend or terminate your service without notice for rejected credit card charges or if your card issuer seeks payment return. Late charges of 1.5% per month or the highest rate allowed by law, whichever is less, apply to overdue amounts. Exestretch may refer your account to a third party for collection, recovering expenses, including attorneys’ fees. Overdue accounts may be denied access until fully paid and may incur a reactivation fee.

EMAIL OPT-IN:

Creating a User Account not only signifies agreement to the TERMS OF USE AGREEMENT but also records your email opt-in status as YES. This status applies to all Exestretch email communications, including administration, support, marketing, event planning, and discussion lists.

TERMINATION OF SERVICE:

Voluntary Termination:
- You have the right to terminate your account, this Agreement, and your use of the Exestretch service at any time for any reason by contacting Exestretch at [email protected]
- Termination will be effective within 24 hours after your contact, and unused subscription fees are nonrefundable, you will have access to Exestretch site until the end of your paid subscription.
Termination by Exestretch:
- Exestretch retains the absolute right to suspend or terminate your account and this Agreement if:
  - Charges to your credit card are refused.
  - You breach any provision in this Agreement.
  - You misuse the Exestretch service.
  - Your use of the Exestretch website, Services, or Content potentially infringes upon intellectual property rights.
- Additionally, Exestretch can terminate your account and this Agreement for any other reason or without reason by providing at least 30 days’ advance notice.
- Upon termination, you are obligated to pay all outstanding fees and charges related to your use of the Exestretch service before termination.

SHOPPING THROUGH EXESTRETCH:

When purchasing from a third-party merchant, you are directly dealing with that merchant, not Exestretch.
Exestretch holds no responsibility for the actions, claims, or omissions of the merchant or any issues arising from products purchased.
All aspects of your purchase, including terms, payment, warranties, and delivery, are solely between you and the merchant.
Your rights and remedies regarding a purchase are solely against the merchant, and inquiries or issues should be directed to them.
If you have concerns about sending credit card information online, consider alternative payment methods.
By providing sensitive information online, you acknowledge that Exestretch is not liable if encryption fails to protect your information.

AFFILIATED SITES:

Exestretch disclaims control and liability for third-party websites or materials, collaborating with partners and affiliates whose sites may be linked with Exestretch websites.
Exestretch does not guarantee the accuracy, currency, content, or quality of information on partner and affiliate sites, assuming no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content.
Users may access third-party content during their use of Exestretch websites, and these Terms of Use will govern such interactions.

SUBMISSION OF IDEAS:

Exestretch welcomes user ideas for improvements or additions to its services, but submissions are subject to these Terms and Conditions.
Any disclosure of ideas or related materials to Exestretch is not subject to confidentiality or expectation of compensation.
By submitting ideas or related materials, users waive any rights they may have in the idea or materials, representing that they are original, and Exestretch is free to implement or use them without obtaining permission or license.

CUSTOMER SERVICE SUPPORT AND TRAINING:

Unless a separate agreement is made, Exestretch does not provide training or on-site support related to Exestretch Content, Services, and/or websites, including Exestretch Desktop.
Exestretch offers commercially reasonable email support during New Zealand weekday business hours, and updates and enhancements are provided to users without a separate charge.
Updates to Exestretch Desktop are available for an additional fee.
Email-only support is provided to users outside of New Zealand, and support is conducted in English.
Customer support addresses basic issues related to the use of Exestretch Content but does not cover user-specific internet connectivity or computer hardware issues, or professional guidance relating to End User conditions.
Maintenance of Exestretch websites may occur during New Zealand non-business days, during which services, websites, and Exestretch Content will be unavailable.

SEVERABILITY; WAIVER:

If a court finds any term or condition in these Terms of Use unenforceable, other terms and conditions remain unaffected.
No waiver of any breach shall constitute a waiver of prior, concurrent, or subsequent breaches, and waivers must be made in writing and signed by an authorized representative.