Terms and Conditions
TERMS AND CONDITIONS OF USE
The CESoup.com by BodyZone, Inc. website contains a compilation of commonly asked questions, articles, information and resources regarding chiropractic, massage, posture exercise and general health, and is provided for educational and informational purposes only.
The information and recommendations contained in this site are not intended to be a substitute for diagnosis and/or treatment by a doctor or other health care professional. Some of the recommendations may not be appropriate for all individuals, or in all situations. Diagnosis and treatment of all health conditions should only be performed by a licensed healthcare professional.
You should not use the information, resources or tools contained within to self-diagnose or self-treat any health problem or disease. Consult your own doctor for medical advice about the applicability of any of the opinions or recommendations contained within that might pertain to your own symptoms or medical conditions. Also, it is important to check with your doctor before starting or participating in an exercise program or activity, or any other form of treatment.
The CESoup.com “Find A Professional” directory is meant solely as a service to the public who are interested in locating a chiropractor, massage therapist, or posture exercise therapist or instructor in a particular geographical area and practice. The directory listings are provided and maintained by the professional. Professionals, their associates and representatives, have a legal and ethical responsibility, to submit true and correct information.
Choosing a professional is an important decision and should not be based solely upon a listing or advertisement. Always make your own investigation before choosing a chiropractor, massage therapist, or posture exercise therapist or instructor. For more information about a particular professional or profession, contact your local or state associations.
A listing in our directory does not imply an endorsement of a professional, their services, claims or products, nor does it guarantee or warrant the validity, accuracy or completeness of information, or quality of services. CESoup.com is in no way liable or responsible for any services rendered by any professional that is listed in CESoup.com directory or on CESoup.com website, and shall not be held liable for any damages related to the use of directory or website.
The CESoup.com “Find A Professional” directory is offered exclusively to individuals who are interested in locating a professional. The directory may not be used, copied, or recreated, in whole or in part, for any type of commercial purposes.
The directory contains fictitious professional listings as a means of tracking and monitoring the unauthorized use of information and listings. Unauthorized use of any listing within the directory will represent user’s intent to rent entire list. Rental fee is assessed by multiplying $7.00 by the total number of entries in the directory at time unauthorized use is detected by CESoup.com. Rental fee will be charged for each and every occurrence of unauthorized use of the directory.
The rental fee is based on the approximate time, effort, expense and all other factors relating to compiling the data in the directory. Rental fees charged for unauthorized use of the directory, in addition to reasonable expenses and attorney’s fees incurred to recover rental fees, shall be due and payable immediately upon demand. The rental fee shall serve as liquidated damages for the losses suffered by CESoup.com as a result of the unauthorized use of the information contained in the website. Member agrees that in addition to other damages provided by law, that the rental fee of $7.00 per use of name is a fair and equitable assessment of damages suffered by CESoup.com as a result of Member’s unauthorized use of CESoup.com website information.
The laws of the State of Georgia shall govern this agreement. Any controversies that arise in connection or association with this agreement shall be litigated in the State of Georgia.
Member may submit material to CESoup.com for consideration of publication on CESoup.com and BodyZone, Inc. websites. All submitted material is subject to approval. Member shall not submit any material that is libelous, defamatory or unlawful, or any material which violates or infringes on any trademark, copyright or similar rights of others. CESoup.com reserves the right to modify, reject or remove material submitted by Member at any time for any reason.
Member grants CESoup.com and BodyZone, Inc. the right to use its articles, name, likeness, photographs, images and all other information submitted by Member, and to use, copy, display and distribute information, including copyrighted material Member provides to CESoupcom. Member grants to CESoup.com an exclusive, paid-up, perpetual, worldwide right to use, copy, display, distribute, publish, adapt and use any such items, whether in verbal, written, electronic or any other form. Member further agrees to release BodyZone, Inc. and CESoup.com, its employees and agents from any claims arising from BodyZone, Inc. and CESoup.com use of the Marks, including but not limited to for right of privacy, publicity, copyright infringement, or defamation.
Member shall indemnify, hold harmless and agree to defend BodyZone, Inc. and CESoupPosture.com from and against all third party claims, liabilities, losses, damages and expenses, including attorney’s fees, arising from or associated with: any and all information, articles, statements and other material submitted by Member to CESoup.com; breach of any representation, warranty, or covenant by Member; or negligence or willful misconduct of Member. The laws of the State of Georgia shall govern this agreement. Any controversies that arise in connection or association with this agreement shall be litigated in the State of Georgia.
Professional Membership Agreement
Member affirms that all information provided to CESoup.com (“CESoup.com”) is accurate and complete. CESoup.com may verify information provided by Member. The content and accuracy of directory listings is the sole responsibility of Member. Member agrees information and contributions provided to the website will not include any material that is libelous, defamatory, obscene, sexually explicit in nature, or unlawful. Member further affirms that no submissions will be made which violate or infringe on any copyright, trademark, or similar rights of others. CESoup.com reserves the right to modify, reject or remove material submitted by Member at any time for any reason.
Member agrees to comply with all regulations, licensing requirements, professional association rules, state and federal laws and all other requirements applicable to its profession. If requested, Member agrees to provide a copy of its license (and subsequent renewals) to CESoup.com. Member represents and warrants that its license and malpractice insurance coverage is current and valid, and Member will notify CESoup.com of any changes. All information provided by Member to CESoup.com must comply with all applicable laws, rules and regulations. CESoup.com reserves the right to terminate this Agreement at any time. Upon termination of this Agreement, Member listing may be removed from the directory.
Member agrees to be solely liable for any damages, whether indirect, incidental, special or consequential, including lost business or profits, arising in connection with BodyZone, Inc., CESoup.com, CESoup.com directory listings, this Agreement, or performance of this Agreement, whether or not damages were foreseeable, or if either Party had any knowledge that such damages might be incurred.
Member understands the CESoup.com site and professional directory listings may experience interruptions, errors or other defects. Member agrees that BodyZone, Inc. and CESoup.com will not be liable for consequences or costs associated with such interruptions, errors or defects, including but not limited to the loss of business, future sales, profits, advertising, promotional costs, or other similar costs.
CESoup.com may from time to time provide Member with materials containing CESoup.com logos, trade names, trademarks and other identifying material, along with specific rights, instructions and permissions for use, copying and distribution of such material. CESoup.com grants Member the non-transferable, revocable right to use, copy and display such materials, its logos, trade names, trademarks, identifying material, and other practice and marketing materials (Marks) solely within the guidelines provided, for the purposes of and in accordance with this Agreement. CESoup.com reserves all right, title and interest in its Marks. Member agrees to use all such Marks in their original form, and Member shall not alter, modify or change CESoup.com Marks or use the Marks other than for the purposes of this Agreement. Member’s right to use CESoup.com Marks shall terminate immediately upon termination of this Agreement.
Member grants CESoup.com the right to use its name, and other information submitted by Member, and to use, copy, display and distribute information, including copyrighted material Member provides to CESoup.com. Member grants to BodyZone, Inc. and CESoup.com an exclusive, paid-up, perpetual, worldwide right to use, copy, display, distribute, publish, adapt and use any such items, whether in verbal, written, electronic or any other form. Member further agrees to release BodyZone, Inc. and CESoup.com, its employees and agents from any claims arising from BodyZone, Inc. and CESoup.com use of the Marks, including but not limited to for right of privacy, publicity, copyright infringement, or defamation.
Member shall not copy, create, publish or distribute any written material that refers to BodyZone, Inc. and CESoup.com, its products or services, or CESoup.com Professionals Directory, for any purpose, without the prior written consent of BodyZone, Inc. Member agrees not to disclose any confidential or proprietary information of BodyZone, Inc. and CESoup.com, whether in verbal, written, electronic or any other form. Member further agrees that breaching this agreement would constitute unprofessional and unethical conduct. Member further agrees that the protection of its Mark and confidential and proprietary information belonging to BodyZone, Inc. and CESoup.com is the essence of this Agreement and the violation of this provision by Member shall allow BodyZone, Inc. and CESoup.com to pursue member for all damages provided by law.
Member understands and agrees that BodyZone, Inc. and CESoup.com shall review, evaluate, organize and adopt various programs, partnerships, websites, directories and other opportunities that will benefit the community served by Member and CESoup.com. CESoup.com may, from time to time, offer Member the opportunity to participate in such opportunities.
Member and CESoup.com are independent entities and nothing within this Agreement creates a partnership, joint venture, agency, sales representative or employment relationship between the parties. Member indemnifies, holds harmless and agrees to defend BodyZone, Inc. and CESoup.com from and against all third party claims, losses, liabilities, damages and expenses, including attorney’s fees, arising from or associated with, including but not limited to: any and all information, statements and other material submitted by Member; breach of any representation, warranty, or covenant by Member; performance of Member’s obligations under or associated with this Agreement; or negligence or willful misconduct of Member. Member further agrees to pay for and/or reimburse BodyZone, Inc. and CESoup.com for all attorneys fees and costs incurred by BodyZone, Inc. and CESoup.com in defending any claims from said third parties.
BodyZone, Inc. and CESoup.com reserves the right to modify this agreement as well as any account rates at any time, for any reason. If any provision of this Agreement is deemed to be unenforceable, the remainder of this Agreement will remain in full force and effect. Member acknowledges it has read this Agreement and agrees to all terms and conditions contained within.
Member and BodyZone, Inc. agree that the laws of the State of Georgia shall govern this agreement. Any controversies that arise in connection or association with this agreement shall be litigated in the State of Georgia. The terms of this Agreement shall inure to the benefit and obligation of Member’s assigns, representatives, heirs and successors.