Terms
Augment Therapy, Inc.
Terms of Use
Last Updated: September 27, 2023
These Terms of Use (“Terms”) are a legal contract between you (“you”, “your” or “User”) and Augment Therapy, Inc. (“us”, “we”, “our”, or “Augment Therapy”), creators of the Augment Therapy augmented-reality rehabilitative care application, and govern your and/or your child’s use of the Augment Therapy mobile application, and all of the text, data, information, graphics, software, video, photographs, functionality, related services, and more (all of which we refer to collectively as the “App”). By accepting these Terms and using the App, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any information that Augment Therapy collects through your or your child’s use of the App is subject to the Privacy Policy, which is incorporated into and made part of these Terms.
Please read these Terms carefully before you or your child use the App. If you do not agree to these Terms of Use or do not intend to be so bound, you and your child should discontinue use of the App (or, if the option is made available to you, do not click to agree or proceed). You represent and warrant to us that you are of legal age to form a binding contract with Augment Therapy and you otherwise have the full right, power, authority and capacity to enter into, and to fully perform your obligations according to, these Term. If you are a parent or legal guardian of the child(ren) that will use the App, you represent and warrant to us that you have the full right, power, authority, and capacity to provide your child(ren) with access to the App.
INJURY RISK & WAIVER: Please note, the exercises and/or other activities available through the App may carry inherent risks of injury, including without limitation muscle strain, bruises, and/or fractures. You should always consult your or your child’s healthcare provider prior to using the App. It is your responsibility to ensure your child is appropriately supervised while using App, including but not limited to, virtual visits with your child’s physical therapist. You agree that Augment Therapy is not liable for injuries that you or your child suffer as a result of using the App, including but not limited to, participating in activities, exercises, or virtual visits through the App. BY COMPLETING YOUR REGISTRATION AND USING THE APP AND/OR ALLOWING YOUR CHILD(REN) TO USE THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HOLD AUGMENT THERAPY HARMLESS FOR ANY INJURY OR OTHER HARM YOU AND/OR YOUR CHILD(REN) SUFFER THROUGH USE OF THE APP.
ARBITRATION NOTICE: UNLESS YOU OPT-OUT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND/OR YOUR CHILD AND AUGMENT THERAPY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND YOUR CHILD WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING SUPPORT@AUGMENTTHERAPY.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Section 1: What Does The App Do? How do I access the App?
The App is intended to provide a convenient platform for (1) pediatric patients and their parents/legal guardians to use to communicate with the patient’s healthcare provider; (2) pediatric patients to use to complete prescribed exercises in a fun and engaging way. The App is not intended for use by healthcare providers or patients for continuous patient monitoring in such a way that would allow immediate clinical action in an emergency situation.
You and your child(ren) may access and use the App only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.
The App is intended to be used on a smartphone, tablet, or laptop with a webcam. We do not manufacture these devices nor will we provide them to you or your child. YOU UNDERSTAND THAT USE OF THE APP MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE APP.
Section 2: What Does Augment Therapy NOT Provide?
We do NOT provide medical advice. If at any time you are concerned about your care or your child’s care or treatment, or you believe or suspect or someone else advises you that you or your child has a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of your or your child’s interaction with or use of the App.
The App cannot and is not designed, intended, or appropriate to replace the relationship between health care professionals and patients or to address serious, emergent, or life-threatening medical conditions and should not be used in those circumstances. Questions and information collected through the App are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments; the App and/or any data derived from the App are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
Further, a provider’s or researcher’s use of our App is not an endorsement or recommendation of such provider or researcher by us. The medical advice provided to you or your child by your healthcare provider or any other professional is not under our control, nor do we provide it to you. We do not confirm the credentials of any healthcare professional using the App. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the App in accordance with laws applicable to the practice of medicine. You are responsible for confirming that a healthcare provider is in good standing with his or her respective licensing board(s) and exercising whatever other due diligence you determine appropriate in selecting and maintaining your choice of healthcare professionals.
Section 3: Who Is Eligible To Use The App?
Your healthcare provider must create an account for you and/or your child(ren) who will use the App. (“User Account”). To use the App without your or your child’s healthcare provider, you must complete registration by providing your name, your child’s name (if applicable), your email address, and other information specified in the registration form (“Registration Data”). You may change or correct account information by contacting Augment Therapy at support@augmenttherapy.com.
By registering for an account, you represent and warrant that:
You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
Your Registration Data is true, accurate, current, and complete;
If you are registering on behalf or your child, (a) you are the legal parent or guardian of the child(ren) that will use the App; and (b) you agree to allow your child(ren) to use the App;
You have read, understand, and agree to our Privacy Policy;
You will update your Registration Data as needed to maintain its accuracy; and
You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting’ country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
Section 4: How Will We Tell You If We Change the App or These Terms?
With the exception of the Arbitration Agreement included at the end of these Terms, Augment Therapy reserves the right to change or modify the App and these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by (1) posting a new version to the App; and/or (2) sending you a notification to the email address you provided us in the Registration Data.
If you, or your child, continues to use the App after we have let you know that we have made changes to the App and/or these Terms, you agree to the changes and to be bound by the modified Terms. If you do not accept the changes, you and/or your child should immediately stop using the App and delete all files associated with the App on your device.
Section 5: Who Owns The App?
Augment Therapy owns the App and all features you and/or your child access through the App. Subject to your compliance with these Terms, Augment Therapy grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the App and allow your child to use the App by downloading and installing the App on your or your child’s device. THE APP IS FOR YOUR AND YOUR CHILD’S PERSONAL AND NON-COMMERCIAL USE ONLY. Neither you, nor your child, may use the App for any other purpose than as specifically authorized by these Terms without Augment Therapy’s express written permission.
You may not use Augment Therapy’s name, trademarks, service marks, or logos, or those of third parties appearing on the App in any advertising or publicity or to otherwise indicate Augment Therapy’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Augment Therapy or such third-party.
As between Augment Therapy and you and your child, you or your child own the personal information and any other content collected from your or your child on or through the App (“User Content”). In order to provide you and/or your child with the services available on the App, you grant to Augment Therapy a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use User Content for the purpose of providing the App, subject to our Privacy Policy. You also agree that Augment Therapy may de-identify and anonymize you’re and/or your child’s User Content, including without limitation, your or your child’s personal health information, in accordance with our Privacy Policy, and to use or disclose such de-identified information for any lawful purpose.
Section 6: What Are You NOT Allowed To Do With The App?
Augment Therapy imposes certain restrictions on your use of the App. While using the App, you agree that you will not, and you will ensure that your child will not:
provide false, misleading or inaccurate information to Augment Therapy or any other user;
impersonate, or otherwise misrepresent affiliation, connection or association with any person or entity;
use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the App for any use, including without limitation use on third-party applications or websites;
access content or data not intended for you, or log onto a server or account that you are not authorized to access;
to impersonate or attempt to impersonate Augment Therapy, any Augment Therapy employee, another user of the App, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing)
violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
attempt to probe, scan, or test the vulnerability of the App or any associated system or network, or breach security or authentication measures without proper authorization;
interfere or attempt to interfere with the use of the App by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the App;
post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Augment Therapy, you, or any other third party (including another user) to protect the App;
attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Augment Therapy in providing the App (any violation of this section may subject you to civil and/or criminal liability);
attack the App via a denial-of-service attack or a distributed denial-of-service attack;
use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Augment Therapy or users of the App, or expose us or them to liability;
encourage or enable any other individual or entity to do any of the above, or otherwise attempt to interfere with the proper working of the App; or
use the App where prohibited by law.
Augment Therapy is not obligated to monitor your use or your child’s use of the App, but we reserve the right to do so to ensure your compliance with these Terms, to respond to law enforcement or other government agencies, or for any other reason that we deem necessary or appropriate in our sole discretion. We have the absolute right to terminate or suspend your or your child’s access to all or part of the App for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App. YOU WAIVE AND HOLD HARMLESS AUGMENT THERAPY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AUGMENT THERAPY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER AUGMENT THERAPY AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Section 7: Who Protects Your Login Information?
Your username and password are collectively referred to as your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of your User Credentials, (B) not allowing another person other than your child to use your User Credentials to access the App, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify Augment Therapy in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.
AUGMENT THERAPY IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR USER CONTENT, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
Section 8: How Does Augment Therapy Protect Your Privacy?
Your privacy is important to us. Augment Therapy respects the privacy rights of all Users. Please refer to our Privacy Policy for an explanation of the information that we collect from you and your child and how we use that information. By accessing or using the App, or by downloading or uploading any content from or through the App, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these terms.
By using the App and accepting these Terms, you acknowledge that Augment Therapy, in accordance with our Privacy Policy, may share your personal information with your healthcare provider, or your child’s personal information your child’s healthcare provider if applicable (if you choose to allow this). We may share your child’s information with third parties as described in the Privacy Policy, and will seek your consent before doing so where required by law. We are not responsible for nor liable to you or any third-party for a third-party’s treatment of personal information, including any collection, use, disclosure, storage, loss, theft or misuse of personal information, whether or not such treatment violates applicable law.
Please be aware that our Privacy Policy does not address how healthcare providers with whom you and/or your child share information collected, generated, or stored via the App may further use and disclose your personal information. Each healthcare provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. You expressly acknowledge and agree that Augment Therapy is neither responsible for nor liable to you or any third-party for the treatment of your or your child’s personal information by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your or your child’s personal information, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices.
Section 9: Devices, Internet Access and the App Store
You are responsible for obtaining, installing, maintaining, and operating all software, hardware or other devices (collectively, “Systems”) necessary for you and/or your child to access and use the App. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the App and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems. THERE ARE ALWAYS RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
App Store
If you downloaded the App from the Apple App Store (the “Apple”), you acknowledge that you understand and agree to the following:
This Agreement is only between you and Augment Therapy, and not between You and Apple, and only Augment Therapy is responsible for the App (not Apple).
Apple has no obligation to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, (i) you may notify Apple and Apple will refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
Apple, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the App. This means that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you.
The license granted to you in Terms is non-transferable and is only for use of the App on any Apple products that you own or control.
Section 10: How Do I Opt-Out Of Receiving Emails From Augment Therapy?
You may receive periodic promotions and other offers or materials we believe might be of interest to you. You may opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each newsletter or by otherwise contacting us. Note that we may send you email communications regarding updates to the App and/or your account, which you may not opt out of without deleting your account.
Section 11: Third Parties and Third-Party Sites
Certain areas or features of the App may provide links to websites or applications that are not Augment Therapy websites or applications (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides and/or business practices (collectively, “Third-Party Rules”) than Augment Therapy, and that your and/or your child’s use of such Third-Party Sites is governed by the respective Third-Party Rules not by Augment Therapy. Augment Therapy may provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.
YOU AGREE THAT AUGMENT THERAPY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY GOODS, APPLICATION, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference in the App to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Augment Therapy’s endorsement or recommendation.
Section 12: Warranty Disclaimer
THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AUGMENT THERAPY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AUGMENT THERAPY MAKES NO WARRANTY THAT THE APP WILL MEET YOUR OR YOUR CHILD’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AUGMENT THERAPY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUGMENT THERAPY OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR AND YOUR CHILD’S COMMUNICATIONS AND INTERACTIONS WITH THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT THROUGH THE APP, INCLUDING WITHOUT LIMITATION, HEALTHCARE PROVIDERS AND/OR AUTHORIZED THIRD PARTIES. YOU UNDERSTAND THAT AUGMENT THERAPY DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE APP, INCLUDING, WITHOUT LIMITATION, HEALTHCARE PROVIDERS AND/OR CLINICIANS, NOR DOES AUGMENT THERAPY VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE APP. AUGMENT THERAPY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP, INCLUDING, WITHOUT LIMITATION, HEALTHCARE PROVIDERS AND/OR CLINICIANS.
Section 13: Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR OR YOUR CHILD’S ACCESS TO AND USE OF THE APP REMAINS WITH YOU. NEITHER AUGMENT THERAPY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP OR OTHER PERSONS WITH WHOM YOU OR YOUR CHILD COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR OR YOUR CHILD’S USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUGMENT THERAPY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE APP OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE THAT IF YOU OR YOUR CHILD USE THE APP DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. AUGMENT THERAPY IS NOT LIABLE TO YOU, YOUR CHILD, OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE APP. AUGMENT THERAPY IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY HEALTHCARE PROVIDERS OR CLINICIANS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE APP. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, AUGMENT THERAPY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE APP MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
Section 14: Indemnification
You agree to indemnify, defend and hold harmless Augment Therapy, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with your and/or your child’s access to or use of App, any violation of these Terms or any negligent or wrongful conduct by you or related to your account by you, your child, or any other person accessing the App through your account, regardless of whether you were aware of such use.
Section 15: How Can You Provide Us With Feedback?
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the App (“Feedback”). You may submit Feedback by e-mailing us at support@augmenttherapy.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Section 16: How Can Your Account Be Terminated?
If you breach any of these Terms, we may suspend or disable your account or terminate your or your child’s access to the App without prior notice to you. There may be other instances where we may need to terminate your or your child’s access to the App that are not related to any of your actions or inactions. We reserve the right to terminate your or your child’s access to and use of the App and materials at any time, with or without cause.
If you wish to terminate your account, please contact Augment Therapy at support@augmenttherapy.com, immediately discontinue your and your child’s use of the App, and delete all files associated with the App from your computer or mobile device.
Section 17: Arbitration Agreement
You agree that any dispute between you, your child, and Augment Therapy arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below.
Before filing a claim against Augment Therapy, you agree to try to resolve the dispute informally by contacting support@augmenttherapy.com. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you may bring a formal proceeding, as outlined below.
In the event of any controversy or claim arising out of or relating to these Terms or a breach of these Terms, you must first attempt to settle the dispute with non-binding mediation through the American Health Lawyers Association (“AHLA”). You agree to join Augment Therapy in a joint demand for mediation and afterward jointly select a suitable mediator from the AHLA roster. If you and Augment Therapy cannot agree upon a mediator, the AHLA shall designate one. The mediation will be conducted according to the AHLA’s Agreement to Mediate. The findings, conclusions, and recommendations of the mediator shall be non-binding, confidential, and inadmissible in arbitration or any other subsequent proceeding.
Either you or Augment Therapy shall have the right to bypass mediation and/or reject the Mediator’s findings, conclusions, and recommendations, in which event, all claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the AHLA. You and Augment Therapy agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) is selected by Augment Therapy, and the third (3rd) is selected by mutual consent of you and Augment Therapy. If you and Augment Therapy cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions— the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
You and Augment Therapy shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Any claim or dispute arising under these Terms must be initiated for mediation and/or arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Exceptions to Agreement to Arbitrate: Augment Therapy may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH AUGMENT THERAPY ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Notwithstanding the above, you may decline or “opt out” of the alternative dispute resolution process described above by contacting support@augmenttherapy.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If you opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of Ohio within twenty-five (25) miles of Chagrin Falls, Geauga County, Ohio in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
Section 18: General Contract Terms
Entire Agreement. These Terms, the Privacy Policy, and any other terms incorporated herein by reference, constitute the entire and exclusive understanding and agreement between Augment Therapy and you and your child regarding the App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Augment Therapy and you regarding the App.
Governing Law. These Terms shall be governed by the laws of the State of Ohio without reference to its conflict of laws provisions.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Augment Therapy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Augment Therapy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Augment Therapy via email (in each case to the address that you provide); and/or (ii) by posting to the App. For notices made by email, the notice will be effective as of the date the notice is first transmitted.
Miscellaneous. The failure of Augment Therapy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Augment Therapy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Section 19: CONTACT US
Please feel free to contact us at support@augmenttherapy.com, or at our mailing address:
Augment Therapy Inc.
8584 East Washington Street, #128
Chagrin Falls, OH 44023