Provider Terms of Use

Augment Therapy, Inc.


Last Updated: January 8, 2025

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE (the “Terms”) BEFORE USING THE AUGMENT THERAPY PROVIDER PORTAL. BY USING THE PORTAL, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE PORTAL.

 

Any information that Augment Therapy, Inc. collects through Your use of the Portal is subject to the Augment Therapy Privacy Policy (www.augmenttherapy.com/privacy) , which is part of these Terms.

 

By continuing to use the Portal, You agree as follows:

 

  1. You are at least 18 years old or have been legally emancipated;

  2. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;

  3. You will use the Portal in a manner consistent with applicable laws and regulations and these Terms of Use, as they may be amended by Augment Therapy from time to time; and

  4. You understand, accept, and have received these Terms of Use, and acknowledge and demonstrate that You can access these Terms of Use at will.

 

If You do not agree with and accept the terms, please discontinue all further use of the Portal. Do not continue the installation process and immediately delete all installed files, if any, of the Portal from Your computer.

 

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 AUGMENT THERAPY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR 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.

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Provider Terms of Use

 

Last Updated: [ADD DATE POSTED]


These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“You/Your” or "User") and Augment Therapy (“Us” or “We” or “Augment Therapy”), creators of the Augment Therapy provider portal, and govern Your use of the portal and all of the text, data, information, graphics, software, photographs, and functionality related thereto (collectively, the “Portal”). These Terms apply to individuals and/or entities accessing the Portal. By accepting these Terms of Use and using the Portal, you acknowledge that you have read, understand, and agree to these Terms and Our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy. IF YOU HAVE SIGNED A SERVICES AGREEMENT WITH AUGMENT THERAPY THAT GOVERNS SERVICES PURCHASED, AND SUCH SERVICES AGREEMENT CONFLICTS WITH THESE TERMS, THEN THE SIGNED SERVICES AGREEMENT WILL CONTROL WITH RESPECT TO ANY CONFLICTING PROVISIONS.

 

Notice to Healthcare Providers:

All organizations authorized to access and use the Portal are required to enter into a Business Associate Agreement (“BAA”) with Augment Therapy in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”). YOU MAY NOT USE THE APP UNTIL YOUR ORGANIZATION HAS ENTERED INTO A BAA WITH AUGMENT THERAPY.

What Is the Provider Portal?

Section 1

 

The Portal is intended to provide a convenient software platform for physical therapists and physical therapy practices to use to (i) conduct virtual physical therapy visits with patients, (ii) augment in-person visits through the use of interactive augmented reality activities; and (iii) proactively track and analyze their patients’ health condition(s) through pertinent health data collected during visits and/or while the patient is at home. It 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 may access and use the Portal 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.

 

What Does Augment Therapy NOT Provide?

Section 2

 

We do NOT provide medical advice

 

THE PORTAL 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.

 

We are NOT an insurance billing company

While we provide a convenient platform for You to track information that may allow You to provide certain services that may or may not be reimbursable by federal or state health insurance payors, we are not billing experts and any information provided to you with respect to billing is for informational purposes only and should not be relied upon or construed to guarantee reimbursement of any services.

Who Is Eligible to Use The Portal?

Section 3

 

You must register to create an account (“User Account”) and become a “Registered User” to use the Portal. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting Augment Therapy at support@augmenttherapy.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.

 

By registering for an account and using the Portal, You represent and warrant:

 

  1. That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;

 

  1. Your Registration Data is true, accurate, current, and complete;

 

  1. You will update Your Registration Data as needed to maintain its accuracy;

 

  1. You are authorized to create a User Account (either for Yourself or another person); and

 

  1. 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.

 

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE PORTAL WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE PORTAL 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 PORTAL.

 

THE PORTAL IS NOT INTENDED FOR EMERGENCY SITUATIONS.  IN THE CASE OF AN EMERGENCY, YOU SHOULD CALL 911.  IF THE SITUATION IS NOT AN EMERGENCY BUT YOU NEED A PROMPT RESPONSE FROM AUGMENT THERAPY, EITHER CALL AUGMENT THERAPY DIRECTLY AT 888-988-1663 OR EMAIL AUGMENT THERAPY AT SUPPORT@AUGMENTTHERAPY.COM.

 

Your Right to Access Services

Section 4

 

Subject to the terms and conditions of these Terms and the payment of applicable fees, Augment Therapy hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable license worldwide (with the exception of (i) jurisdictions that are embargoed or designated as supporting terrorist activities by the United States government and (ii) jurisdictions whose laws do not permit engaging in business with Augment Therapy or use of the Portal) for You to access and use the Portal for your internal business purposes.

 

Charges and Payment

Section 5

 

Pricing.  Certain portions of the Portal are offered under different pricing plans, the limits and features of which are available at https://www.augmenttherapy.com/pro-pricing.  Your rights and obligations with respect to the Portal will be based in part on the pricing plan you choose.

 

Payment Terms. When You purchase access to the Portal, You expressly authorize us or our third-party payment processor to charge You for such access. You represent and warrant that You have the legal right to use all payment methods that You provide to us. Unless otherwise expressly agreed in writing, all fees are stated and solely payable in U.S. Dollars, non-cancelable, non-refundable, and not subject to setoff. In the event that You fail to pay the full amount owed to us, we may limit or suspend Your access to the Portal, in addition to any other rights or remedies we may have.

 

Taxes; Withholding.  Fees do not include taxes, deductions or withholdings, and You agree to: (a) pay all sales/use, gross receipts, value-added, personal property, or other tax or withholding (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto.  If we are required to collect a tax or withholding and did not do so at the time of sale, we reserve the right to later charge You for the applicable tax or withholding. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable.

How Will We Tell You If We Change the Portal or These Terms?

Section 6

 

With the exception of the Arbitration Agreement included at the end of these Terms, Augment Therapy reserves the right to change or modify the Portal and these Terms at any time without prior notice to You. If we materially change or modify the Portal or these Terms, we will let You know by (1) posting a notification to the Portal; and/or (2) sending you a notification to the email address you provided Us in the Registration Data.

 

If You continue to use the Portal after we have let You know that we have made changes to these Terms, You agree to be bound by the modified Terms. Similarly, if you continue to use the Portal after we have changed it, you agree to the changes and to continue your relationship with Augment Therapy. If You do not accept any changes We make, You should immediately stop using the Portal and delete all files associated with the Portal on Your computer. 

Who Owns the Portal?

Section 7

 

Augment Therapy owns the Portal and all materials You access through the Portal. Subject to Your compliance with these Terms, Augment Therapy grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Portal by accessing the Portal on your personal computer. THE PORTAL IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Portal for any other purpose than what is allowed under 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 Portal 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.

 

You own Your Personal Data and any other content You post on or through the Portal. For Us to provide You with the Portal, You grant to Augment Therapy a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your content for the purpose of providing the Portal, subject to the restrictions in the Privacy Policy. You also agree to allow Augment Therapy to de-identify and anonymize Your content, including without limitation, Your personal health information as applicable, in accordance with Our Privacy Policy, and to use or disclose such de-identified information for any lawful purpose.

What Are You NOT Allowed to Do With The Portal?

Section 8

 

Augment Therapy imposes certain restrictions on Your use of the Portal. While using the Portal, You are NOT authorized to do engage in any of the following activities:

 

  1. provide false, misleading or inaccurate information to Augment Therapy or any other user;

 

  1. impersonate, or otherwise misrepresent affiliation, connection or association with any person or entity; 

 

  1. 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 Portal for any use, including without limitation use on third-party websites;

 

  1. access content or data not intended for You, or log onto a server or account that You are not authorized to access;

 

  1. violate any applicable law or regulation;

 

  1. attempt to probe, scan, or test the vulnerability of the Portal or any associated system or network, or breach security or authentication measures without proper authorization;

 

  1. interfere or attempt to interfere with the use of the Portal by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

 

  1. 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 Portal;

 

  1. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

 

  1. 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 Portal;

 

  1. 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 Portal. Any violation of this section may subject You to civil and/or criminal liability; or

 

  1. encourage or enable any other individual to do any of the above.

 

Augment Therapy is not obligated to monitor Your use of the Portal, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Augment Therapy reserves the right to suspend or terminate Your use of the Portal without notice to You if You partake in any of the prohibited uses described above.

Who Protects Your Login Information?

Section 9

 

The Portal is designed to require users to create a username and password to access and use the Portal. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the Portal, (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 PERSONAL DATA, 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.

How Does Augment Therapy Protect Your Privacy?

Section 10

 

Augment Therapy respects the information You provide to us. Please see our Privacy Policy for an explanation of the information that we collect from You and how we use Your information that is NOT subject to the Health Insurance Portability and Accountability Act (“HIPAA”), which is the primary federal law governing the privacy of health information. By accessing or using the Portal, or by downloading or uploading any content from or through the Portal, 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 Portal and accepting these Terms, You acknowledge that Augment Therapy may share Your Personal Data with other users, including 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 Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data, whether or not such treatment violates applicable law.

 

EU Citizens and GDPR: Please see our Privacy Policy for specific information regarding Your rights under GDPR and Augment Therapy’s commitment to protecting those rights.

Computer Equipment and Internet Access

Section 11

 

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the Portal. This includes, without limitation, obtaining Internet Portal, 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 Portal 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 CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

How Can You Opt-Out of Receiving Emails From Augment Therapy?

Section 12

 

In using the Portal, You may receive periodic email communications regarding the Portal, new product offers and information regarding the Portal, which are part of the Portal and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials We believe might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the Communications Preferences in Settings.

 

Third Parties and Third-Party Sites

Section 13

 

Certain areas or features of the Portal may allow You to access 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 use of such Third-Party Sites is governed by the respective Third-Party Rules not Ours. Augment Therapy provides 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 Portal 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.

Your Representations and Warranties

Section 14

 

You represent and warrant that Your use of the Portal will be in accordance with these Terms and all applicable laws, regulations, rules, and Augment Therapy policies and procedures. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA WITH US.

Warranty Disclaimers & Limitation of Liability

Section 15

 

NO WARRANTIES

 

THE PORTAL 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 PORTAL WILL MEET YOUR 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 PORTAL OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PORTAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AUGMENT THERAPY OR THROUGH THE PORTAL OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE PORTAL AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PORTAL, INCLUDING, WITHOUT LIMITATION, PATIENTS OR AUTHORIZED THIRD PARTIES.

 

AUGMENT THERAPY CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. AUGMENT THERAPY CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PORTAL.

 

LIMITATION OF LIABILITY

 

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PORTAL REMAINS WITH YOU. NEITHER AUGMENT THERAPY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL 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 PORTAL, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERIVCES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PORTAL, 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 PORTAL OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PORTAL. AUGMENT THERAPY IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE PORTAL. AUGMENT THERAPY IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR NEGLIGENCE OR MISCONDUCT, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE PORTAL. 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 PORTAL MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Indemnification

Section 16

 

Except as otherwise agreed upon between Augment Therapy and the organization through which you access the Portal, 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 access to or use of Portal, Your violation of these Terms or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the Portal through Your account, regardless of whether You were aware of such use.

How Can You Provide Us with Feedback?

Section 17

 

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Portal (“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.

How Can Your Account Be Terminated?

Section 18

 

If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Portal without prior notice to You.  There may be other instances where We may need to terminate Your access to the Portal that are not related to any of Your actions or inactions.  We reserve the right to terminate Your access to and use of the Portal 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 use of the Portal, and delete all files associated with the Portal from Your computer.

Arbitration Agreement

Section 19

 

You agree that any dispute between You and Augment Therapy arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Arbitration Agreement section may be modified by written agreement between You and Augment Therapy.

 

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 shall, in writing, 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 Portal 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 OF USE.

 

Notwithstanding the above, You can 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 OF USE.

 

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.

General Contract Terms

Section 20

 

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 regarding the Portal, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Augment Therapy and You regarding the Portal.

 

GOVERNING LAW

These Terms shall be governed by the laws of the State of Delaware 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 Portal. For notices made by email, the notice will be effective as of the date the notice is first transmitted.

 

GENERAL

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.

 

CONTACTING AUGMENT THERAPY

Please feel free to contact Us if You have any questions about the Terms of Use and/or any other documents referenced herein. You may contact Us at support@augmenttherapy.com, or at our mailing address:

 

Augment Therapy

8584 East Washington Street #128

Chagrin Falls, OH, 44023

 

DATA SECURITY OFFICER:
Paul Schwarz

c/o Augment Therapy

8584 East Washington Street #128

Chagrin Falls, OH, 44023

cecilbebo@yahoo.com