Use or access of our Site (www.cynergihealthpartners.com), including all materials presented herein and all services provided by CHP is subject to the following terms and conditions. By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing this Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and by the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). We reserve the right to revise these terms at any time. Your use of our Services and Platform constitutes your agreement to the terms and conditions set forth below. If you are unable to accept and abide by these terms, please do not use our Services or Site. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF OUR SERVICES.
In addition, when using particular services or materials on our Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
Information on this Site is not intended to provide medical advice and should not be used as a substitute for seeking professional medical advice. Please do not rely on the general information provided on this Site regarding your specific medical situation. The information contained on the Site is for strictly general information concerning our company and our services. CHP will not be responsible for any action or failure to act in reliance upon information on the Site. The information provided on the Site is intended to be accurate; however, it may not be complete or regularly updated.
CHP is a marketing and consulting service only
You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue our services, including any of our features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
You are prohibited from sending unsolicited commercial email messages for services or products to the email addresses provided on this Site.
You are prohibited from attempting to interfere with the proper function of the Site. You agree not to use the Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. You also agree not to interfere or disrupt the Site or any networks connected to this site; not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at this site; and not to take any action that imposes an unreasonable or disproportionately large load on CHP’s infrastructure.
You are prohibited from forging any email addresses. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent yourself or your affiliation with a person or entity. You agree not to use the services, products, or downloads available on the Site for illegal purposes, and to comply with all regulations, policies, and procedures of networks connected to the Site.
You are prohibited from framing any content of the Site. You agree not to use the Site to collect or harvest personal information, including, without limitation, financial information, about other participants at the Site.
You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the Site whether or not enumerated here. You must defend, indemnify and hold harmless CHP, its partners, associates and consultants from any claims, damages, costs and expenses resulting from your failure to comply with the terms set out here. If you have any questions about your obligations set out here, you should contact CHP to clarify your questions.
The Site may contain links to third-party Sites. We provide these links solely as a convenience to you and not as an endorsement. CHP is not responsible for the content of any third party Site to which our platform links or that links to our platform. We make no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and do not endorse the businesses, products, services, or information they provide. If you decide to access linked third-party Sites, you do so at your own risk. Please check the applicable third-party privacy policy and terms of use when visiting any other Sites.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use our logo, our trademark, or our name or trademarks, or other proprietary graphic image in the link without our prior written permission. Spamming, the unsolicited broadcasts of email addresses or links in this Site, is prohibited and unauthorized.
In order to retain our services, you must register on the Site and establish a Client Account. By registering, you will receive access to our client portal where you may speak with an attorney in a secure manner. By registering, you are representing that you are at least 18 years of age and able to enter into a binding contact. Furthermore, you are representing that the information you provide to us is correct, complete, current, and accurate. You authorize us to verify your Personal Data at any time and if any Personal Data that you provide is untrue, inaccurate, not current, or incomplete, CHP retains the right, in its sole discretion, to suspend or terminate your rights to use the services. After registering, you may enter your personal information page at any time to review and update your personal information. Any information received through the registration process is held in strict confidence, please read our privacy policy for more details.
By establishing a Client Account, you acknowledge and agree that you have read and agree to the Terms and Conditions of Use, and that you have read and understand the security processes that we maintain. There are always risks inherent with the transmission, storage, viewing, and retrieval of data and files over the Internet. You are solely and fully responsible for the security of your username and password and for any consequences that arises out of your failure to maintain their confidentiality. You must notify our office of any unauthorized use of or breach in security of your Client Account. Your right to use your Client Account is personal to you. CHP reserves the right to suspend, revoke, or terminate your Client Account at any time without notice to you.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH OUR WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized CHP spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NEITHER CHP NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, ASSIGNS OR LICENSORS (COLLECTIVELY, ” CHP PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM, THE SERVICE, OR THE INTERNET WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
You agree to defend, indemnify, and hold CHP Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including, without limitation, accounting and attorney’s fees and costs, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Platform or the Services by you or through use of your account. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
CHP claims copyright and trademark protection on all the content provided in this Site or any affiliated blogs, web pages, or other sources directly related to it. Unless otherwise indicated, all materials on this Site, including, without limitation, the logo, all designs, text, graphics, icons, images, other files, and the selection, arrangement, and compilation thereof, also termed the “look and feel,” are the proprietary and copyrighted property of CPH and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyrightable material or other intellectual property displayed on the Site, without CPH’s express, written permission. CPH prohibits use of any of the forgoing names or marks as a metatag or as a “hot” link to any CPH site unless establishment of such a link is approved in advance by CPH in writing. Furthermore, Content from this Site may not be reproduced, copied and / or redistributed in any form nor can it be modified or used for commercial purposes without prior express written consent of CPH and a copyright notice in the form of “© 2013 CPH All Rights Reserved” to be displayed on the relevant page(s). If you make any other use of this Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. However, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect ours or others’ rights, property, or safety. Please read our Privacy Policy to learn more about the information we collect, how we protect that information, and other information related to your privacy.
This Terms of Use agreement and all other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between you and CHP relating to this agreement, the Site, or any services provided by CHP and supersedes any and all prior or contemporaneous communications, representations or agreements.
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, illegal or invalid it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in the agreement, or the unenforceable, illegal or invalid provision shall be construed, amended and/or reformed to be made enforceable, legal and valid. Any failure by CHP to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
CHP reserves the right, in our sole discretion, to change the terms and conditions of use from time to time without otherwise providing notice. Such changes will apply prospectively only. You agree that CHP may, at its sole discretion, deny or restrict your access to the site for any reason, including, without limitation, if CHP believes that you have violated or acted inconsistently with the letter or spirit of this agreement. CHP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that CHP shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services offered under this site.
By using our Site or services, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use. You should therefore refer to this material whenever using the Site.
Applicable laws require that some of the information or communications we send you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail (as provided by you when creating your account) or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Notice by us will be deemed received and properly served immediately when posted on our website or 24 hours after an email is sent. All notices given by you to us must be given to CHP by email at info@cynergihealthpartners.com and will be deemed received and properly served 24 hours after being sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address of the addressee.
1. Digital Millennium Copyright Act
CHP respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)) (“Act”), if you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please notify CHP’s copyright agent who can be reached at info@cynergihealthpartners.com
When filing, you must provide the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information): (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work(s) claimed to have been infringed; (c) A description of where the material that you claim is infringing is located on the Platform, sufficient for the service provider to locate the material; (d) a description of the location of the original or an authorized copy of the copyrighted work; (e) Your address, telephone number and email address; (f) A statement by you made under penalty of perjury that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law (“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”; and (g) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf (“I swear, under penalty of pergery, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
This Website (excluding any linked sites) is controlled by us from our offices within Austin, Texas, USA. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that this Agreement is governed by the laws of the State of Texas, without respect to its conflict of laws provisions. You expressly and irrevocably agree that exclusive jurisdiction for any claim or dispute with CHP or relating in any way to your use of the Service or the Website resides in the federal and state courts of Texas and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Texas in connection with any such dispute, including any claim involving CHP Parties. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any and all disputes, controversies, claims, or other disagreements arising out of or relating to this Agreement, or the actual or alleged breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Austin, Texas on a confidential basis and in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules.
The rights and obligations created for you under this agreement may not be assigned to any other party.
CHP shall not be deemed to be in breach of this agreement for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of CHP.
This Agreement was last revised on August 26, 2019
