Terms of service
OVERVIEW
Welcome to Modern Chiropractic & Wellness! The terms “we”, “us” and “our” refer to Modern Chiropractic & Wellness. Modern Chiropractic & Wellness operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Modern Chiropractic & Wellness is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein, these “Terms of Service” or “Terms”, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at:
https://www.modernchirocare.com/policies/privacy-policy
If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS AND SERVICES
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, product appearance, dimensions, packaging, or presentation may differ from how they appear on your screen due to your device, display settings, lighting, and product availability.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to images, renderings, or descriptions shown in our online store.
Our physical products may include wellness, mobility, recovery, ergonomic, posture-support, and self-care related products. Our service offerings may include chiropractic visits, remote wellness services, consultations, digital guidance sessions, monthly wellness plans, ergonomic reviews, and related wellness support services.
Service-based purchases are not physical products and may require scheduling, email communication, intake information, or other follow-up steps before the service can be provided.
All descriptions of products and services are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or service at any time and may limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - HEALTH AND WELLNESS INFORMATION
Information, products, and services provided through our website are intended for general wellness, self-care, mobility, posture awareness, ergonomic support, and musculoskeletal wellness purposes.
Nothing on this website should be interpreted as a guarantee of any medical result, diagnosis, cure, treatment, or prevention of any condition. Products and remote services offered through the website are not a substitute for emergency medical care or in-person medical evaluation when needed.
If you have a medical emergency, severe symptoms, or an urgent health concern, you should contact emergency services or a qualified healthcare provider.
Remote wellness services may be limited by applicable laws, licensing rules, customer location, and the nature of the service requested. We reserve the right to decline, modify, or limit a service request if we determine that it is not appropriate for remote delivery.
SECTION 4 - ORDERS
When you place an order, you are making an offer to purchase. Modern Chiropractic & Wellness reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Modern Chiropractic & Wellness confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Modern Chiropractic & Wellness may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy, available at:
https://www.modernchirocare.com/policies/refund-policy
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 5 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, import charges, or other applicable fees.
Prices posted in our online store may be different from prices offered in physical locations or through third-party platforms. We may offer promotions on the Services from time to time, and those promotions may be governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, payment information and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that any payment information you provide is true, correct, and complete, that you are duly authorized to use such payment method, that charges incurred by you will be honored by your payment provider, and that you will pay all charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 6 - SHIPPING AND DELIVERY
Shipping applies only to eligible physical products. Service-based purchases, including chiropractic visits, remote wellness services, consultations, digital guidance sessions, and monthly wellness plans, do not require shipping.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information, weather, holidays, or events outside our control.
Once we transfer products to the shipping carrier, title and risk of loss pass to you.
Our Shipping Policy is available at:
https://www.modernchirocare.com/policies/shipping-policy
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, product names, service names, and the design, selection, and arrangement thereof, are owned by Modern Chiropractic & Wellness, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Modern Chiropractic & Wellness, Shopify, or any third party.
Modern Chiropractic & Wellness names, logos, product and service names, designs, and slogans are trademarks of Modern Chiropractic & Wellness or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 8 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also offer new features through the Services in the future. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
Modern Chiropractic & Wellness is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Modern Chiropractic & Wellness.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Modern Chiropractic & Wellness, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Modern Chiropractic & Wellness.
SECTION 11 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here:
https://www.modernchirocare.com/policies/privacy-policy
Certain personal information may also be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.
Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 12 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content, collectively “Feedback,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with your Feedback, and that your Feedback will comply with these Terms.
We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.
We may monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other proprietary right. You further agree that your Feedback will not contain unlawful, abusive, obscene, false, misleading, or malicious content. You are solely responsible for any Feedback you make and its accuracy.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, service descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 14 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, state, provincial, or local law or regulation;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to upload, transmit, or distribute unlawful, harmful, or malicious materials;
(g) to transmit unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitation;
(h) to impersonate any person or entity;
(i) to interfere with or restrict anyone’s use or enjoyment of the Services;
(j) to upload or transmit viruses or malicious code;
(k) to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without permission;
(l) to collect or track personal information of others;
(m) to spam, phish, pharm, pretext, scrape, crawl, or use automated data gathering tools;
(n) to interfere with, bypass, or circumvent security features or access restrictions.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 15 - AGENTS
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.
“Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device without direct supervision.
No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with these Terms. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
Agents must identify themselves in all HTTP/HTTPS requests, must not conceal or obfuscate that access is from an Agent, must not mimic human behavior to bypass restrictions, must respond truthfully to prompts intended to determine whether interactions are from a human or computer, and must not circumvent measures intended to block, limit, modify, or control Agent access.
SECTION 16 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 17 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information and wellness 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.
Except as expressly stated by Modern Chiropractic & Wellness, the Services and all products and services offered through the Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 18 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Modern Chiropractic & Wellness, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability or otherwise, arising from your use of any of the Services or any products or services procured using the Services.
This includes, but is not limited to, claims related to errors or omissions in content, loss or damage incurred as a result of the use of the Services or any content, product, or service made available through the Services, even if advised of their possibility.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Modern Chiropractic & Wellness, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of:
(1) your breach of these Terms of Service or the documents they incorporate by reference;
(2) your violation of any law or the rights of a third party;
(3) your access to and use of the Services;
(4) your misuse of any product or service purchased through the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to conflict of law principles.
You and Modern Chiropractic & Wellness consent to venue and personal jurisdiction in the state and federal courts located in Ohio.
SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page:
https://www.modernchirocare.com/policies/terms-of-service
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
info@modernchirocare.com
Our contact information is posted below:
Modern Chiropractic & Wellness
Modern Chiropractic & Wellness LLC
21800 Lorain Rd
Fairview Park, OH 44126
United States
Phone:
+1 440-453-2056
Email:
info@modernchirocare.com
Business Registration Number:
4079398