This is a contract. It contains the terms and conditions under which you (the "User") may access and utilize the Foundation for Chiropractic Progress (F4CP) Doctor Directory. By marking the above box that precedes the sentence, "I have read, understand and agree to the terms below (required)", and by then clicking on the box "Search," the User is entering into this contract and is agreeing to every one of the terms and conditions set forth herein. If the User does not agree with, and consent to, all of the terms and conditions, the User may not use the Foundation for Chiropractic Progress Doctor Directory and must exit the Doctor Directory web page.
The F4CP Doctor Directory may be used for the sole purpose of locating a nearby health care practitioner for the rendering of personal treatment. The F4CP Doctor Directory may not be used for any other purpose whatsoever. It is expressly forbidden to access the F4CP Doctor Directory and/or use any of the data or information contained therein, including the names, addresses, and any other contact information, of the health care practitioners, for any reason other than the location of a practitioner for the rendering of personal treatment. Any other use constitutes a forbidden use. The forbidden uses ("Forbidden Uses") include, but are not limited to: using any portion of the search results to mail any material of any kind to the health care practitioner, including any marketing, advertising or solicitation materials; any kind of commercial purposes, whether for the benefit of the User or any other person or entity; using any portion of the search results to contact the health care practitioners for any reason other than the rendering of personal treatment; copying or harvesting any portion of the search results, whether through manual or automated means; using any portion of the search results to establish a new list or to correct and/or supplement any other list; adding any of the search results to any existing mailing list; examining, loaning, copying, duplicating or selling any portion of the search results; and using the search results for any reason other than the location of a practitioner for the rendering of personal treatment.
The User hereby represents and warrants that the sole and exclusive purpose for accessing and/or using the F4CP Doctor Directory is to find a health care practitioner for the rendering of personal treatment, and for no other reason, purpose or use whatsoever. The User specifically represents and warrants that the F4CP Doctor Directory is not being accessed for the purpose of, or to facilitate, any of the Forbidden Uses. The User certifies that he, she or it will never engage in any of the Forbidden Uses. The User acknowledges that these representations and warranties constitutes a material and essential inducement for F4CP to grant access to the F4CP Doctor Directory, and if the representations and warranties were not made, the User would not be granted access. The User acknowledges that F4CP is relying on the User to make these representations and warranties honestly.
The User understands and acknowledges that the search results includes fictitious names and addresses, which are used by F4CP to monitor the use of the search results and to detect any unauthorized use of the search results, including any of the Forbidden Uses. The User understands and acknowledges that if the search results are used to send written or electronic material to the health care practitioners, F4CP will receive a copy of the email or mailing through the fictitious names, and will take all appropriate action against the User and others, including the filing of a lawsuit, regarding any Forbidden Uses.
The User further agrees, acknowledges and stipulates that the search results are unique and requires substantial effort by F4CP to prepare, update, verify and compile and that F4CP shall be entitled to injunctive relief to bar and prohibit the User from any further Forbidden Uses. The User agrees that if any unauthorized uses of the search results, including the Forbidden Uses, are detected, the User is subject to pay $5.00 per each listing in the entire Doctor Directory. This total figure will be multiplied by the number of times unauthorized use was detected. The User agrees that this contract shall be governed solely by the laws of the State of California and that the contract was entered into in Sacramento, California. If any dispute arises out of, or is related to, this contract, the sole and exclusive venue and forum for the resolution of such dispute shall be the Superior Court of California, for the County of Sacramento, and the User submits to personal jurisdiction of said court. The User agrees that in the event of any controversy or dispute arising out of this contract, regardless whether a lawsuit is filed, the prevailing party or parties shall be entitled to recover from the non-prevailing party or parties reasonable expenses, including, without limitation, attorney's fees and costs actually incurred, as well as fees and costs incurred in the enforcement of any judgment and collection of any sums owed. In the event that any portion of this contract is deemed unenforceable for any reason, the User specifically agrees that all other portions shall be enforced. No change, modification, addition, or amendment to this contract shall be valid unless in writing and signed by all parties hereto.