By registering and using the Chiropair services, you are hereby agreeing to be bound by the following terms. These Terms are an agreement between you and Chiropair on the one hand (collectively, “you” or “End User”), and Chiropair, on the other hand, regarding the Service.
Chiropair is only willing to provide the Service only to parties that have accepted all the terms and conditions herein this Agreement. Further, by signing up to use the Chiropair service, you hereby agree that you understand the Agreement in its entirety and that you have the requisite authority, power and right to enter into a binding agreement. If you do not have the authority to enter into this Agreement or if you do not agree to all the terms herein this Agreement, Chiropair is unwilling to provide the Service to you and you are advised to discontinue your use of the Service. The App and the services made available through the app is made available for use only by individuals seeking employment opportunities and by individuals and/or organizations seeking to make available, on their behalf or on others behalf, information relating to employment opportunities.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CHIROPAIR ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.
Changes to these Terms
Chiropair reserves the right to change, update, modify, discontinue or terminate the app, the Service, these Terms, temporarily or permanently, at our sole and final discretion. Any changes to these Terms may be displayed in the app, and we will try to notify you by email or other means of contact. By continuing to access or use the app or Services after we post any and all modifications on the app or our Service, you are acknowledging that you agree to be bound by and under the amended Terms. We will not be liable to you or any third party for the suspension, discontinuance or inaccessibility of the app or Services.
Eligibility and Account Registration
You may need to register for an account to access some or all of our Services. Before you create an account, you confirm that you are eligible to use our service. By using the service, you warrant and represent that:
By registering to use Chiropair, you agree that you will not:
Chiropair reserves the right to refuse registration of, or cancel a username, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Chiropair password. You shall never use another user’s account without such other user’s prior express permission. You accept responsibility for all activities that occur under your User Account you will immediately notify Chiropair in writing of any unauthorized use of your account or other account related security breach of which you are aware.
Intellectual Property Rights
All data and content made available to you through the app and Service, such as graphics, logos, page headers, button icons, scripts and service names, are trademarks (whether registered or in the process thereof), copyright, service marks, or other trade dress property of Chiropair, not you, and is protected by the United States of America and international intellectual property laws. We own – not you – our information, data and content, including but not limited to: databases, technology, know-how, visual interfaces, interactive features, graphics and design of the App and other products, software, aggregate databases and metrics, supervision systems, business model, cost measures, feedback and all other elements and components of the App and Service.
Any use of the app or the app Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
License and Restrictions
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.
Membership Purchase and Payment of Fees
Chiropair may make certain paid features available to you through the app that can help you find and meet more people who may be interested in your job post as an employer and as well boost your profile so that more people can connect with you. Via the app, you can subscribe and/or request to become a member of our community and get full access to the service. You are responsible for the management of your login details. If you lose your data or suspect that your account has been breached, please let us know immediately. Chiropair has the right to refuse a request for Membership. Membership is for personal and non-commercial use, and as such, you are not allowed to provide your password to third parties.
Subscribing to our membership plan requires you to have a valid method of payment, such as a credit card or debit card (a “Payment Method”). You are responsible for all charges incurred in connection with your payment and you agree to pay the fees and charges for any purchased feature.
By selecting a Subscription plan, you agree to pay the subscription fee of such plan on a designated cycle for the Services that we make available to you (the “Subscription Fee”). The first Subscription Fee will be charged to your Payment Method on the date your Subscription is purchased. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.
The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card).
We reserve the right to change the price for a Subscription to the Service in our sole discretion and will be responsible for communicating any price changes to you in accordance with the law.
For paying Employers:
Title of subscription: 1-month Employer Premium Membership
Length of subscription: 1-month duration per pay period
Price of subscription: $149.99/month*, auto-renewing subscription
*Price of subscription is our half-off Beta pricing and will remain unchanged if you choose to stay a part of the app and Chiropair community. If for any reason you choose to cancel payments, close your account and end your subscription, pricing may change when/if you choose to join again in the future.
You may update your Payment Method at any time within your account settings. If at any time your Payment Method is unable to be charged for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, we reserve the right to suspend your respective accounts and access to the Service, until such time as the Payment Method has been updated to permit a charge on your payment method for the Subscription Fee.
You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.
Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-term. In such a circumstance, you will continue to have access to your subscription until the end of the term’s billing cycle.
User Representation and Platform Guidelines
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended or restricted, including because if a fault, error or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
Cyber-Bullying and Internet Harassment
Cyber-bullying and Internet harassment are prohibited within our community. Although we support First Amendment free speech rights, such rights are limited where the purpose or effect of the expression is to bully, harass, threaten, ridicule, embarrass, and/or intimidate others. This is particularly true in matters involving race, ethnicity, national origin, religion, gender, sex, sexual orientation, physical disability, and/or mental condition.
If we decide, in our sole discretion, that you have committed cyber-bullying acts or Internet harassment, we reserve the right to unilaterally suspend or ban your use of our service immediately with or without notice to you. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove material posted to our service that we determine constitutes cyber-bullying or Internet harassment.
Additional Terms for Employers
Account Terms: Concerning your use of our Site and services, Chiropair shall not be considered to be an employer and Chiropair shall not be liable for any employment decisions, for whatever reason, made by any entity posting jobs on our service. Employers are entirely responsible for their job posting on the service.
As a user with an Employer account, you understand and acknowledge that all of your Chiropair account information, including saved resumes, saved job seeker, liked job seeker, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Chiropair databases if you cancel your employer account or your employer account is terminated.
Job Post Terms: You hereby agree that you will not use your Chiropair Employer profile to:
Job Ads: When posting a job ad on the platform, you agree that such an ad must be in compliance with the terms herein. You agree that a job ad may not:
As an Employer on the platform, you understand and agree that Chiropair reserves the right to remove any content or job from the site, which in our own reasonable discretion is not in compliance with the terms herein.
Notice to Job Seekers
Without limiting the foregoing, however, please note that by making your resume available to us through our service, you are requesting and authorizing Chiropair to make available your profile or resume to any prospective Employer that we believe may have an interest in your resume.
By creating and maintaining a user profile on our app, you also authorize us to match your profile with job descriptions that we believe you may have an interest in.
We may also send you relevant emails as regards hiring or career guides as part of its services to you.
In addition, by using Chiropair and our available tools, you agree that we are not responsible for the content of an available job description or messages. Chiropair does not in any way guarantee the validity or accuracy of the job description or fitness for specific purposes and we hereby advise that you verify the validity of a job match before proceeding with further actions.
User Interactions and Assumption of Risk
We are not responsible for verifying Users that make use of the platform and as such, it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, Employers, staffing agencies, and recruiters. You understand and agree that Chiropair does not, and cannot, confirm that each User is who he/she/they claim to be. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release Chiropair, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
The App may cause the Product to communicate with the Chiropair servers to deliver the functionality and certain features to the app in order to keep the app running smoothly. We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the App and related services (“Updates”). These Updates may be installed on the software distribution platform of App Store or Google play or the other platforms by providing additional notice.
Third-party links and Services
Some links on the service may allow you to leave the service. The linked sites are not in any way under the control of Chiropair and we are not responsible for the contents of any of such linked site or any link contained in a linked site, or any changes or updates to such sites.
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of Chiropair. Chiropair neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the service by anyone other than Chiropair’s authorized agents acting in their official capacities.
You hereby agree to indemnify, defend and hold harmless Chiropair and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, from and against any and all claims, actions, liabilities, demands, losses, causes of action, procedures, orders, damages, costs and expenses (including any reasonable attorney’s fees and expert witnesses therefrom) of any type of nature, incurred by Chiropair and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, arising out of or relating to your use of the service, your breach of this Terms or the Policy, or your infringement of any rights of any third party.
User Generated Contents
Advises, opinions, statements, offers, or other content or information made available through the Service to you, but not directly by Chiropair are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Chiropair does not in any way guarantee the accuracy, completeness, or usefulness of any information on the service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Chiropair. We take no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances shall we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Disclaimer of Warranties
By accessing or using the service, you represent and warrant that you have read, understood, and agreed to be bound by and under these terms. We supply our app and Services “as is”, “with all faults”, and “as available”, including all content, software, data, materials, services, functions, and/or information made available therein. Accordingly, Chiropair is not liable to you for any loss or damage that might arise therefrom and Chiropair hereby disclaims any express or implied warranties, including warranties as to the products or services offered by third parties listed on the Site, non-infringement, merchantability, and fitness for a particular purpose. The use on your part of the products and/or services provided through the site is at your own and final discretion. No oral or written information or advice provided to you by Chiropair shall create a representation or warranty of any kind.
Limitation on Liability
Chiropair makes no warranties or representation of any kind that the service (including all databases, content, software, functions, materials and information accessed by any means thereof) are provided “as-is”, without warranties of any kind and Chiropair disclaims, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, any implied warranties of originality, merchantability, non-infringement, title, arising from a course of dealing, usage, or trade practice or fitness for a particular purpose.
Chiropair does not warrant that the service or functions contained in the service will be uninterrupted or error-free, that all deficiencies, errors, defects or nonconformities will be corrected, that the service will meet your specific requirements or that defects in the service will be corrected.
Chiropair does not warrant that the service will work correctly in any particular operating environment. Chiropair does not warrant, guarantee, or make any representations regarding the use or the results of the use of the service in terms of its correctness, accuracy, reliability, currentness, or otherwise.
Chiropair does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Chiropair disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage.
Some jurisdictions do not allow the exclusion of certain warranties, as such, to the extent such exclusions are specifically prohibited by applicable law, some of the exclusions set forth above may not apply to you.
In no event shall the service provider be liable to the end user or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to the end user’s use of (or inability to use) the service regardless of (a) whether such damages were foreseeable, (b) whether or not the service provider was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Chiropair’s maximum cumulative liability to you for losses or damages arising in connection with your access of the service under these Terms shall be limited to (i) the amount paid, if any, by you to Chiropair during the six (6) months prior to the action giving rise to such liability; or (ii) USD 100, whichever is less.
Electronic Communications Policy
We hate spam or unsolicited email as much as you do. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code § 17529, may apply if you are using or sending to a California electronic mail address, and in other limited circumstances.
If you subscribe to electronic newsletters or other communications from us, you will always have an option to unsubscribe immediately. When you communicate with us by email, text message, telephone call, or other electronic means, you are agreeing that we can respond to you by the same or other electronic means of communication. You also agree that we can subsequently communicate with you for marketing and other commercial purposes by electronic means using the information you have provided to us (email address, mobile phone number, etc.) unless and until you make a signed written request by email or by mail to our address listed below that these subsequent communications cease. Your request must include the specific contact information you no longer wish us to use for communicating with you (email address, mobile phone number, etc.
If you have additional questions, comments or concerns, please contact us by sending an email and providing us with information relating to your concern.
Governing Law and Dispute Resolution
Governing Law: Any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction within the USA. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Agreement to Arbitrate
Any dispute or claim relating in any way to your use of the Chiropair Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Arbitration Process, Arbitration Rules and Location
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, Chiropair will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Class Action Waiver
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Waiver: The failure of Chiropair to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.
Assignability: You may not assign or transfer these Terms, by operation of law or otherwise, without Chiropair’s prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder.
Any notices or other communications provided by Chiropair under these Terms, including those regarding modifications to these Terms, will be given: (i) by Chiropair via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted
In order to resolve a complaint regarding the service or to receive further information regarding the use of the app and services, please contact us.