Website Terms of Use
Last Modified April 25, 2023
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1. Acceptance of These Terms of Use
These terms and conditions of use are entered into by and between you and Chu Activate Performance Chiropractic, Inc. ("Activate Performance," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of https://www.activateperformance.com, including any content, functionality, and services offered on or through https://www.activateperformance.com (the "Website).
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By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. Please read the Terms of Use carefully before you start to use the Website. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
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This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Activate Performance and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
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2. Changes to These Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.
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3. Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
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4. Privacy Policy
All information we collect on this Website is subject to our Privacy Policy. By using the Website, You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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5. Intellectual Property Rights
The name Activate Performance and all related trademarks, names, logos, product and service names, designs, and slogans are trademarks of Activate Performance or its affiliates or licensors. You must not use such marks without the prior written permission of Activate Performance. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
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The Website and its entire contents, features, and functionality are owned by Activate Performance, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
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You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) You may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
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You must not: (a) Modify copies of any materials from this site; (b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or (d) Attempt to decompile or reverse engineer any software.
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If you wish to make any use of material on the Website other than that set out in this section, please address your request to info+legal@activateperformance.com.
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No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Activate Performance. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
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Any license to use the Website will automatically terminate if any violations of these Terms of Use occur. Any license to use the Website may be terminated by Activate Performance at any time. Upon termination of any license to use the Website, you must destroy any downloaded materials in your possession from the Website.
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6. Disclaimer of Warranties
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
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To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
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Your use of the Website, its content, and any services or items obtained through the website is at your own risk. The Website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Activate Performance nor any person associated with Activate Performance makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither Activate Performance nor anyone associated with Activate Performance represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
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To the fullest extent provided by law, Activate Performance hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
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The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
7. Limitation of Liability
To the fullest extent provided by law, in no event will Activate Performance, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
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The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
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8. Indemnification
You agree to defend, indemnify, and hold harmless Activate Performance, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
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9. External Sites and Links
Activate Performance has not reviewed all of the websites linked to Activate Performance’s website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Activate Performance of the external website. Use of any such linked website is at the user's own risk.
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10. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
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Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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11. Waiver and Severability
No waiver by Activate Performance of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Activate Performance to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
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If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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11. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Organization regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, regarding the Website.
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12. Contact
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info+legal@activateperformance.com.