The Mobile Joint Terms of Use
These Terms of Use (the “Terms”) are entered into by and between you and The Mobile Joint (referred to herein as “we,” “us” or “our”). These Terms of Use, together with our Privacy Policy, set forth the terms and conditions that apply to your access and use of our website, located at https://www.themobilejointsf.com/ (the “Site”). We may at times also ask you to review and accept supplemental terms that apply to your interaction with a specific service.
THESE TERMS STATE THAT ANY DISPUTES BETWEEN YOU AND US MUST BE RESOLVED IN SMALL CLAIMS COURT OR IN ARBITRATION, PURSUANT TO THE DISPUTE RESOLUTION CLAUSE SET FORTH IN SECTION 14.
Acceptance of Terms. By using or accessing the Site you agree to these Terms, as may be updated from time to time in accordance with Section 8 below. If you do not want to agree to these Terms, you must not access or use the Site. To use the Site you must (i) be at least eighteen (18) years of age, or, if you are under 18 years of age but are at least thirteen (13) years old, you must use the Site with the consent of your parent or legal guardian; (ii) have not previously had your access to the Site suspended or terminated; and (iii) do so in compliance with any and all applicable laws and regulations.
Account Registration. To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, and current information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone, use false information, or otherwise conceal your identity from us for any purpose.
You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at drnicholasashley@themobilejointsf.com.
As further described in Section 7, we have the right to disable any account, user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Restrictions on Use. In connection with your access and use of the Site, you agree not to:
Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
Violate or encourage others to violate our rights or the rights of third parties, including intellectual property rights;
Interfere in any way with security-related features of the Site;
Interfere with the operation or any user’s enjoyment of the Site;
Access, monitor or copy any content or information from the Site using any robot, spider, scraper, or other automated means or any similar or equivalent manual process for any purpose without our express written permission, except that operators of public search engines may use spiders to copy materials from the Site solely for the purpose of, and to the extent necessary for, the creation of publicly available searchable indices of materials;
Conduct any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
Sell or otherwise transfer the access granted herein.
Third Party Content and Links to Third Party Websites. The Site may contain links to third party websites or services. We provide such links as a convenience, and do not control, guarantee or endorse these websites or services. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance upon, any such third party websites or services. When you access any such third party websites or services through a hyperlink posted on the Site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party websites or services as these Terms do not apply to such use.
Intellectual Property Rights. This Site and its entire contents and features (including all information, software, text, images, video, audio and the design, and the collection and arrangement of any of the foregoing) are owned by us, our licensors, or other providers of such material and are protected by applicable United States and international copyright, trademark, patent, trade secret and other intellectual property laws. No materials from the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed or performed, downloaded, transmitted, or distributed in any way without our express permission, except as may be required for you to access and view the Site in the manner permitted hereunder.
You may not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. We intend to vigorously enforce our rights, including our intellectual property rights.
Our name, the terms The Mobile Joint, The Mobile Joint Chiropractic, and Dr. Nicholas Ashley DC, Inc., our logo, and all related names, logos, service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission.
Feedback. We welcome your ideas, comments, suggestions and feedback regarding the Site or any of our services (“Feedback”). All Feedback disclosed, submitted, or offered to us via the Site or otherwise, may be freely used by us without restriction (including without any obligation of confidentiality). You represent and warrant that any Feedback that you submit to us are original to you, made in compliance with applicable laws and do not violate any right of any third party, including intellectual property rights. By disclosing, submitting or offering any Feedback to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully assignable and sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, process, create derivative work from, distribute and display such Feedback and derivative works thereof throughout the world in any manner and in any media.
Termination. If you violate these Terms, your permission to use our Site will automatically terminate. In addition, we, in our sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you. You may terminate your account at any time by contacting us at drnicholasashley@themobilejointsf.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site. The following provisions shall survive any termination of these Terms: Section 5 (Intellectual Property Rights), Section 6 (Feedback), this Section 7 (Termination), Section 9 (Warranty Disclaimer), Section 10 (Limitation of Liability), Section 11 (Indemnity), Section 13 (Governing Law), Section 14 (Dispute Resolution) and Section 16 (Miscellaneous).
Modification of the Terms. We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of our Site. Such modifications and additional terms and conditions will be effective immediately upon their posting on the Site. We will make reasonable efforts to notify you of any material changes to the Terms, including by providing a notice to our Site or by sending an email to any address you may have provided to us. Notwithstanding the foregoing, your continued use of the Site after any modifications to the Terms or new or additional terms or conditions are posted will be deemed acceptance of any such modifications or new or additional terms or conditions.
Warranty Disclaimer. OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical issues or factual errors or inaccuracies. YOUR USE OF THE SITE IS AT YOUR OWN RISK. We specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any damages that may result from your use of or access to our Site. The information presented on or through the Site is made available solely for general information purposes. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through our Site. 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 information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA), WHETHER CAUSED BY OR BASED IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY, STATUTE OR ANY OTHER LEGAL THEORY (EVEN IF FORESEEABLE), AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations or the disclaimer of warranties in Section 9 may not apply to you.
Indemnity. You agree that you will be personally responsible for your use of our Site, and you agree to defend, indemnify, and hold us, our officers, directors, employees, consultants, affiliates, subsidiaries, and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to or use of our Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property, publicity, confidentiality or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Geographic Restrictions. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles. Subject to Section 14, which provides that disputes are to be resolved in small claims court or arbitration, to the extent that any lawsuit or court proceeding is permitted hereunder, you and we agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within San Francisco County, California, for the purpose of litigating all such disputes.
Dispute Resolution. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree to resolve any controversy or claim arising out of or relating to this contract, or the breach thereof in small claims court in San Francisco County, California, if a claim is within such court’s jurisdiction, provided that such action may not be transferred, removed or appealed to a different court.
If a claim is not within the small claims court’s jurisdiction, any such controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be in the State of California. The language used in the arbitral proceedings will be English. The award rendered by the arbitrator shall be final and binding on the parties. The judgment may be entered upon the arbitration award in accordance with applicable law in any court in the State of California having jurisdiction thereof. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding any provision in these Terms to the contrary with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the United States Federal Arbitration Act (presently 9 U.S.C. Sec. 1-16). Except for obtaining a judgment before a small claims court pursuant to the previous paragraph, or a judgment upon the award rendered by the arbitrator, this arbitration clause waives the parties’ right to seek relief in court. This Section 14 shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Notwithstanding any of the above, you agree that either party may seek injunctive or other equitable relief in state or federal court located in the State of California in the event of actual or threatened infringement or misappropriation of intellectual property rights. You hereby expressly waive a trial by jury. You hereby agree not to participate in a class action for any claims covered by these Terms.
Modification of the Site. We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
Miscellaneous.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Site, and except as expressly permitted above, may only be amended by a written agreement signed by authorized representatives of the parties.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Consumer Information Center of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated: February 27, 2024.