Terms of Service
Last Updated: May 05, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 22 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH SIMPLETHERAPY ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.
1. Acceptance of Terms
Welcome to the SimpleTherapy Site. SimpleTherapy, Inc. owns and operates www.simpletherapy.com and any mobile, touch or affiliated websites or applications we may have now or in the future that refer to these Terms of Service (collectively, the “Site”). SimpleTherapy operates the Site to provide personalized video-based exercise therapy programs, including optional coaching services (collectively the “Services”).
Individuals who use the Site are “Users”, and “you” and “your” refer to Users. If you access the Site or accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, “you” and “your” will refer to that legal entity. “We”, “us”, or “our” refer to SimpleTherapy. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
THE SERVICE IS AN ONLINE PLATFORM THROUGH WHICH INDIVIDUALS MAY REQUEST AND RECEIVE EXERCISE THERAPY AND SUPPORT. YOU UNDERSTAND AND AGREE THAT SIMPLETHERAPY (I) IS NOT A MEDICAL CARE PROVIDER, (II) IS NOT A SUBSTITUTE FOR SEEKING MEDICAL CARE, (III) DOES NOT PROVIDE MEDICAL ADVICE, AND (IV) CANNOT BE USED TO DIAGNOSE, TREAT, OR PREVENT ANY DISEASE OR CONDITION. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, THAT YOU UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS.
SimpleTherapy reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Site, Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms will automatically take effect upon posting; provided, however, that material changes to the Terms will be effective as to an existing User thirty (30) days after posting. By continuing to access or use the Site after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Site and Services.
The Services are intended solely for persons who are 18 or older. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them.
4. About the Service; Registration
The Service allows Users to access exercise program information, register an account, or engage with SimpleTherapy through provided communication options.
Free Trial: You may use one or more of the Services on a temporary, free trial basis free of charge or any subscription commitment. Your free trial access will end either when you have completed one exercise program, when you have completed registration to create a User Account (defined below), or when we terminate your free trial in our sole discretion, which we may do at any time.
Registration: To access and use the Services as a registered user, you must register an account (“User Account”). Create a User Account by providing the information required in the registration form, including a valid and acceptable method of payment or a valid authorization from an employer or medical care provider. You agree to provide accurate, current and complete information during registration and to update such information to keep it accurate, current and complete. You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your User Account. You are solely responsible for your Content (defined below) and User Account. We reserve the right to terminate any User Account at any time for violation of these Terms or other conduct we deem detrimental to the Service. You may terminate your User Account at any time by following the instructions provided on the Site.
You acknowledge and agree that you are solely responsible for your User Account and all User Account information. You represent and warrant that any User Account information that you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, tax requirements, licenses, rules and regulations that may apply to you and (b) not conflict with the rights of third parties.
5. Service Information and Limitations
SimpleTherapy is not a medical care provider and represents that it has no licensing or other expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. When participating in any exercise or exercise program, there is the possibility of physical injury; if you engage in the SimpleTherapy exercise program, you agree that you are voluntarily participating in these activities, assume all risk of injury to yourself or others, and agree to release and discharge SimpleTherapy from any and all claims or causes of action, known or unknown, arising out of your participation in or use of an exercise programs made available by SimpleTherapy.
Before beginning any exercise program, including the SimpleTherapy exercise program, you should consult with a qualified medical care professional. The Service is not a replacement or substitute for consultation with a medical care professional. If continued use of the Service causes you pain, you should immediately cease using the Service and contact your medical care professional. Never disregard professional medical advice or delay in seeking it because of something you have read or heard on the Service. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
SimpleTherapy does not warrant that information, graphic depictions, product and service descriptions or other content of the Site is accurate, complete, reliable, updated, current, or error-free. The store of the Site and/or Service also offers the possibility to purchase physical goods, for the prices indicated in such store.
You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site or the Services. You may receive announcements, administrative messages, service updates, or other non-transactional communications, and that agreeing to receive these communications. You will not be able to opt out of receiving these communications. By creating a User Account, you are opting into receiving text messages and other SMS alerts from SimpleTherapy, and that such message may incur a charge by your mobile phone service provider. You may opt out of receiving non-transactional text messages by emailing us at email@example.com
7. Service Process; Fees
Users may access and use the Services to support their exercise program by selecting a subscription plan, registering a User Account, and either (i) providing an access code or member identification number provided from your employer, medical care professional, or insurer, or (ii) agreeing to pay the subscription plan service fee (the “Service Fee”).
You may terminate any Services at any time. Service Fees are non-refundable. You must cancel any Services subject to renewal prior to when it renews in order to avoid billing of the related Service Fee. You hereby authorize SimpleTherapy, its payment processing provider, or any app store to run authorizations on all payment cards provided, to store payment card, banking or other financial details as your method of payment for Services, and to make a recurring charge to your payment method if provided for by your subscription plan.
You may be allowed to purchase additional Services through an application. To make purchase through the web application, you will need to provide payment by credit card. To make a purchase through a mobile application, you will need to make the purchase through the applicable app store (for example, Apple App Store or Google Play Store) and the terms and conditions of those stores will apply as to such payment. We do not have access to your account or transactions with any app store, and you will need to access your app store account to manage or terminate any subscriptions or other purchases made through your mobile application.
You agree to notify us of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your payment card statement. After that date, all charges will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer.
8. Your Content
Registered Users may be provided opportunities to contribute Content visible to other Users. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. You acknowledge and agree that you alone are responsible for any and all Content you post on the Service.
When you post Content on the Services, you represent and warrant that you have the right, power, and authority to post that Content and grant the licenses specified below. You further represent and warrant that by posting or providing such Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such Content and that we may exercise the rights to your Content granted under the Terms without any liability or obligation for any payment.
9. User Affirmations, Conduct and Use
By using the Service, you represent, warrant and agree to the following:
• You are at least 18 years of age.
• You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Service.
• Nothing that you upload, publish, represent, warrant or transmit using the Site or Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• You will not use manual or automated software, devices, scripts, redirects, robots, other means or processes to access, “frame,” “mirror,” “scrape,” “crawl” or “spider” any web pages or other services contained in the Services.
• You will not use the Service for any commercial or other purposes that are not expressly permitted by these Terms.
• You will not copy, store or otherwise access any information contained on the Service for purposes not expressly permitted by these Terms.
• Your will not interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, or harass, disparage or otherwise offend any other person by, through or related to the Services.
• You will not systematically retrieve data or Content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
• You will not access, tamper with, or use non-public areas of the Site or Service, SimpleTherapy’s computer systems, or any third-party provider system.
• You will not attempt to probe, scan, or test the vulnerability of any SimpleTherapy system or network or breach any security or authentication measures.
• You will not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SimpleTherapy or any of SimpleTherapy’s providers or any other third party (including another Users) to protect the Site or Service.
• You will not advocate, encourage, or assist any third party in doing any of the foregoing.
SimpleTherapy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SimpleTherapy may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
You acknowledge that SimpleTherapy has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
10. Ownership; Licenses
The Service and Site, as well as all content related to either, are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Service, including the Site and all associated intellectual property rights, is the exclusive property of SimpleTherapy and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
Subject to your compliance with these Terms (and, if you are a Brand, your compliance with the Subscription Services Agreement), we grant you a limited, non-exclusive, revocable, non-transferable license, to (i) access and utilize the Services made available to you, and (ii) access and view any User Content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You represent, warrant and agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SimpleTherapy or its licensors, except for the licenses and rights expressly granted in these Terms. “Collective Content” means User Content and SimpleTherapy Content.
We may, in our sole discretion, permit Users to display, post, upload, publish, submit or transmit User Content. By making available any of your User Content on or through the Services, you hereby grant to SimpleTherapy a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such User Content on, through, or by means of the Services as currently exist or may be developed in the future. SimpleTherapy does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
The Site may contain links to third-party websites or resources. You acknowledge and agree that SimpleTherapy is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SimpleTherapy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
SimpleTherapy may include advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals on the Site. By clicking on the advertisements, you may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. You acknowledge and agree that SimpleTherapy is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers and for all transactions subsequently executed.
13. Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SimpleTherapy used herein are trademarks or registered trademarks of SimpleTherapy. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Service. Upon termination we will promptly remit to you any funds in our control that we reasonably determine are owed to you. In the event we terminate these Terms, or your access to our Services or deactivate or cancel your User Account, you will remain liable for all funds due hereunder. You may cancel your User Account at any time by contacting us or following the prompts on the Site. Please note that if your User Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SIMPLETHERAPY, FOR ITSELF AND ALL OF ITS SUPPLIERS, PARTNERS OR RESELLERS, EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SIMPLETHERAPY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SIMPLETHERAPY MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE.
YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD SIMPLETHERAPY, ITS SUPPLIERS, PARTNERS AND RESELLERS HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
16. 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 SITE OR SERVICE REMAINS WITH YOU. NEITHER SIMPLETHERAPY, ITS SUPPLIERS, PARTNERS OR RESELLERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SERVICES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIMPLETHERAPY HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR SERVICE SHALL CREATE ANY WARRANTY, AND SHOULD NOT BE RELIED UPON FOR MATERIAL PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AS TO WHICH YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOU.
SIMPLETHERAPY IS NOT A LICENSED MEDICAL CARE PROVIDER AND REPRESENTS THAT IT HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION.
CERTAIN STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to release, defend, indemnify, and hold SimpleTherapy, its suppliers, partners and resellers, and each of their respective affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site, (b) your violation of these Terms; (c) your use of the Services; (d) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that your use of the Services caused damage to a third party. SimpleTherapy shall have the right to control all defense and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without SimpleTherapy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SimpleTherapy 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.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SimpleTherapy by posting to the website or via the application. For notices or communications by SimpleTherapy made by e-mail, if any, the date of receipt will be deemed the date on which such notice is transmitted.
20. Controlling Law and Jurisdiction
You agree that (i) the Site and Services shall be deemed solely based in California, and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over SimpleTherapy, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state and federal courts located in Alameda, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.
YOU AND SIMPLETHERAPY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
These Terms are intended to govern the agreement between SimpleTherapy and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
22. Dispute Resolution Provision
You and SimpleTherapy (for itself and all suppliers, partners or resellers) agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Site (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and SimpleTherapy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SimpleTherapy otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and SimpleTherapy otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SimpleTherapy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $20,000, SimpleTherapy will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
No Class Action. YOU AND SIMPLETHERAPY 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and we 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.
Changes. Notwithstanding the provisions of the “Modification” section above, if SimpleTherapy amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SimpleTherapy’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SimpleTherapy in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Enforceability. If the “No Class Action” section of this Dispute Resolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver: You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying us in writing within 30 days of the date you first registered for the Services. To opt out, you must send a written notification to SimpleTherapy, Inc., Attn: Legal, 530 Howard Street, Suite 350, San Francisco, CA 94105 that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to email@example.com.
23. International Users
SimpleTherapy makes no claim that the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction. Without limiting the generality of the foregoing, no software, information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports.
24. Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions (collectively “Feedback”) for improvements to the Site. You may submit feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of SimpleTherapy and you hereby irrevocably assign to SimpleTherapy and agree to irrevocably assign to SimpleTherapy all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At SimpleTherapy’s request and expense, you will execute documents and take such further acts as SimpleTherapy may reasonably request to assist SimpleTherapy to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
The failure of SimpleTherapy 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 SimpleTherapy. 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 an arbitrator or 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.
Certain Services features, or website and/or application areas (and your access to or use of certain aspects of the Services or content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the website, application, Services, or content.
26. Notice to California Residents.
If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
27. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between SimpleTherapy and you regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements between SimpleTherapy and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-native English-speakers or by software, there may be discrepancies between the English version and the translated version. If so, the English version supersedes the translated version.
© 2020 SimpleTherapy, Inc. All rights reserved.