The Application is a healthcare application used to provide customizable coaching during episodes, manage Exposure Response Prevention Therapy Programs, record benchmarking progress, monitor, display, and share data, and contains other quality of life improvement, convenience, and measurement functions for people suffering from Obsessive Compulsive Behavior; or going through Exposure Response Prevention/Cognitive Behavioral Therapy.
Using the Application or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use this Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit in our sole discretion.
Our Application may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services, including without limitation any link contained in a third party web site or service. You further acknowledge and agree that the Company 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
By using any product, service or functionality originating from the Application domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Company’s users.
Any and all content included as part of the Application, such as any and all text, graphics, logos, as well as the compilation thereof, and any and all software used on the Application, is the sole property of the Company and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on or in the Application. The Application’s content is not for resale. Your use of the Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Application or the Company.
The Application may contain bulletin board services, chat areas, news groups, forums, calendars and/or other message or communication facilities designed to enable you to communicate with a group (“Communication Services”); you agree to use the Communication Services only to post, send and receive messages.You agree that when using the Communication Services you will not violate any applicable law or regulation
The Company does not claim ownership of the data you provide to the Company (including feedback and suggestions) or post, upload, input or submit to the Application (“Submissions”). No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and many remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your Application account to Third Party Accounts. By connecting your Application account to your Third Party Account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature on the Application. The “Third Party”Account most likely to be connected with the Application is a therapist’s profile on a data display and aggregation website. The purpose of this site is to make analysis and organization easier if a therapist has multiple patients using the Application. However, you must actively send the information to this Third Party Account for each set of information you would like to share, and you can omit certain fields of information from being shared with the aforementioned Third Party Account.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Application or services, your violation of any Terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defense.
In the event the parties are not able to resolve any dispute between them arising out of or concerning the Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitration award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns the Terms of this agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.
The parties agree to arbitrate all disputes and claims in regards to the Terms of this agreement or any disputes arising as a result of the Terms, whether directly or indirectly, including Tort claims that are a result of the Terms of this agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the Terms of this agreement.
Any arbitration under the Terms of this agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both of you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS DEVELOPERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION AT ANY TIME
The Company reserves the right, in its sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, the Terms of this agreement are governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction venue of courts in Texas in all disputes arising out of or relating to the use of the Application.
Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Application. The Company’s performance of the Terms of this agreement is subject to existing laws and legal process, and nothing contained in the Terms of this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Application or information provided to or gathered by the Company with respect to such use. If any part of the Terms of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warrant disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of this agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Application. A printed version of the Terms of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.
The Company reserves the right, in its sole discretion, to modify or replace the Terms at any time. If a revision is material, we will try to provide notice prior to any new terms taking effect. What constitutes material change will be determined at our sole discretion. The Company encourages you to periodically review the Terms to stay informed of our updates.
The Company welcomes your questions or comments regarding the Terms of this agreement. If you have any questions about these Terms, email us at [email protected]