Terms of Service

Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and CHIARA ANESTHESIA, PLLC, located at 12594 N Timber Ridge Ln, Highland, UT 84003-8922, United States, concerning your access to and use of the website located at https://www.chiaraanesthesia.mom, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with all of these terms, you are expressly prohibited from using the website and must discontinue use immediately.

We reserve the right, in our sole discretion, to modify or replace these Terms of Service at any time. Any changes become effective immediately upon posting. It is your responsibility to review these Terms of Service periodically for updates. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Definitions

For the purposes of these Terms of Service, the following definitions apply:

• Company: CHIARA ANESTHESIA, PLLC, a professional limited liability company organized under the laws of the State of Utah, United States.
• Website: The internet site accessible at https://www.chiaraanesthesia.mom and all subdomains, pages, and content hosted thereunder.
• Services: The professional services offered by CHIARA ANESTHESIA, PLLC, including but not limited to computer systems design, systems integration, infrastructure engineering, technical consulting, digital transformation services, and any other services described on our website or agreed upon in a separate written agreement.
• User or You: Any individual or entity that accesses or uses our website or engages our services.
• Content: All information, text, graphics, images, code, software, designs, and materials displayed on or accessible through our website.

User Representations and Warranties

By using our website, you represent and warrant that:

1. You are at least 18 years of age and have the legal capacity to enter into a binding agreement.
2. If you are using the website on behalf of an organization or entity, you have the authority to bind that organization to these Terms of Service.
3. All information you provide to us through the website, including contact information and inquiry details, is true, accurate, current, and complete.
4. You will maintain the accuracy of any information you provide to us and promptly update it as necessary.
5. Your use of the website will not violate any applicable law, regulation, or third-party right.
6. You will not use the website for any purpose that is unlawful, fraudulent, harmful, or prohibited by these Terms of Service.

Intellectual Property Rights

Website Content Ownership

All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software code, design elements, and the overall look and feel of the website, is the exclusive property of CHIARA ANESTHESIA, PLLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the website content solely for your personal, non-commercial purposes, or to evaluate our services for potential business engagement. This license does not include any right to:

• Copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from any website content without our prior written consent.
• Use any data mining, robots, scraping, or similar data gathering or extraction methods on the website.
• Use the website content for any commercial purpose without entering into a separate written agreement with us.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the website content.

Trademarks

The CHIARA ANESTHESIA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CHIARA ANESTHESIA, PLLC or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Feedback and Suggestions

Any feedback, comments, suggestions, ideas, or other submissions you provide to us regarding the website or our services shall become our sole property. We shall own exclusive rights, including all intellectual property rights, to such submissions and shall be entitled to their unrestricted use and dissemination for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Website Use and Prohibited Activities

You may use our website only for lawful purposes and in accordance with these Terms of Service. You agree not to engage in any of the following prohibited activities:

• Violating any applicable federal, state, local, or international law, rule, or regulation.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to probe, scan, or test the vulnerability of the website or any connected network, or to breach security or authentication measures.
• Using the website to send, knowingly receive, upload, download, or re-use any material that does not comply with our content standards.
• Impersonating or attempting to impersonate CHIARA ANESTHESIA, PLLC, our employees, another user, or any other person or entity.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the website, or that may harm CHIARA ANESTHESIA, PLLC or users of the website.
• Using the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the website.

Service Engagement

Informational Purpose

The information provided on this website is for general informational purposes only. It does not constitute a binding offer, representation, warranty, or guarantee regarding our services or the results that may be achieved. No client relationship is established solely through your use of this website or submission of an inquiry.

Separate Agreements

Any engagement of our professional services shall be governed by a separate written agreement executed by both parties, including a statement of work, master services agreement, or other mutually agreed contract. Such separate agreement shall supersede any conflicting terms contained in these Terms of Service with respect to the specific services provided.

Proposals and Estimates

Any proposals, estimates, project plans, timelines, or pricing information provided through our website or in preliminary communications are indicative only and do not constitute a binding commitment until formalized in a written agreement signed by both parties. We reserve the right to modify, withdraw, or decline any proposal or estimate at our sole discretion.

Third-Party Links and Content

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by CHIARA ANESTHESIA, PLLC. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that CHIARA ANESTHESIA, PLLC 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHIARA ANESTHESIA, PLLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

Your use of the website and reliance on any information obtained through the website is at your own risk. We do not warrant that defects will be corrected or that the website or the server that makes it available are free of viruses or other harmful components.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHIARA ANESTHESIA, PLLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO:

• Your use of or inability to use the website.
• Any content, information, or materials obtained through the website.
• Any errors, omissions, or inaccuracies in the website content.
• Any unauthorized access to or use of our servers or any personal information stored therein.
• Any interruption or cessation of transmission to or from the website.

This limitation applies regardless of whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.

Our total cumulative liability to you for any and all claims arising out of or relating to these Terms of Service or your use of the website shall not exceed the greater of (a) the amount paid by you, if any, to CHIARA ANESTHESIA, PLLC in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100.00).

Indemnification

You agree to defend, indemnify, and hold harmless CHIARA ANESTHESIA, PLLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including reasonable attorneys' fees and costs, arising out of or related to:

• Your use of and access to the website.
• Your violation of any term of these Terms of Service.
• Your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality right, property right, or privacy right.
• Your violation of any applicable law, rule, or regulation.
• Any claim that information you submitted or provided caused damage to a third party.
• Any fraudulent, negligent, or willful misconduct by you in connection with your use of the website.

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 you agree to cooperate with our defense of such claims. You shall not settle any such claim without our prior written consent.

Governing Law and Jurisdiction

These Terms of Service and your use of the website shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the federal or state courts located in Utah County, State of Utah, and you hereby consent to the personal jurisdiction and venue of such courts.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or any transactions conducted through the website.

Dispute Resolution

Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at team@chiaraanesthesia.mom. Both parties shall engage in good faith efforts to resolve the dispute through negotiation for a period of at least thirty (30) days before either party may pursue formal remedies.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Utah County, Utah, before a single arbitrator.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to award the same damages and relief that a court could award.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent immediate and irreparable harm, without the requirement of posting a bond or proving actual damages.

Class Action Waiver

YOU AND CHIARA ANESTHESIA, PLLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and CHIARA ANESTHESIA, PLLC agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Termination

We reserve the right, in our sole discretion and without prior notice or liability, to terminate or suspend your access to all or any part of the website for any reason or for no reason at all, including without limitation if we believe that you have violated or acted inconsistently with these Terms of Service.

Upon termination, your right to use the website will immediately cease, but all provisions of these Terms of Service that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We shall not be liable to you or any third party for any termination of your access to the website.

Severability and Waiver

Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified or eliminated to the minimum extent necessary so that the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity and enforceability of any remaining provisions.

Waiver

No waiver by CHIARA ANESTHESIA, PLLC of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of CHIARA ANESTHESIA, PLLC to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the website, constitute the entire agreement between you and CHIARA ANESTHESIA, PLLC regarding your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. No joint venture, partnership, employment, or agency relationship is created between you and CHIARA ANESTHESIA, PLLC as a result of these Terms of Service or your use of the website.

Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report any violations, please contact us using the information below. We welcome your inquiries and will make every effort to respond within a reasonable timeframe.

CHIARA ANESTHESIA, PLLC
12594 N Timber Ridge Ln
Highland, UT 84003-8922
United States

Email: team@chiaraanesthesia.mom
Phone: +1 (256) 965-7772
Website: https://www.chiaraanesthesia.mom

Please include Terms of Service Inquiry in the subject line of your email to help us route your message appropriately. For issues requiring immediate attention, telephone contact is recommended during business hours, Mountain Time.