TERMS OF SERVICE

 

Effective Date: November 26, 2019

 

These Terms of Service (“Terms”) apply when you use https://recoverathletics.com/, the Recover Athletics App (”App”) and any other website or application in which these Terms are specifically referenced and/or linked (collectively, the “Services”).  The Services are operated by Recover Athletics, Inc. (“Recover Athletics” or “we”).  These Terms do not apply to any application, website or service that does not display or link to these Terms.

 

Please read these Terms carefully before you use the Services. 

 

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

 

  • YOU HAVE READ AND UNDERSTAND THESE TERMS
  • YOU AGREE TO AND WILL COMPLY WITH THESE TERMS
  • YOU ARE ABLE AND LEGALLY COMPETENT TO ENTER INTO CONTRACTS

 

IMPORTANT NOTE: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT IF YOU HAVE A CLAIM AGAINST US, A JUDGE OR JURY WILL NOT HEAR OR DECIDE YOUR CLAIMS AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.  Please see “Warranty Disclaimer” (Section 8.1) and “Dispute Resolution” (Section 8.3) below for more information.

 

THE SERVICES ARE INTENDED FOR USE BY U.S. RESIDENTS ONLY.  IF YOU ARE NOT A U.S. RESIDENT OR IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE SERVICES.

 

  1. Changes to these Terms

We may update these Terms from time to time in response to changing legal, technical or business developments.  Whenever possible, we will provide you with advance written notice of our changes so that you have an opportunity to stop using the Services before the changes are effective.  We will not make retroactive changes that reduce your legal rights unless we are legally required to do so. 

 

You can see when these Terms were last updated by checking the Effective Date displayed at the top of these Terms.  Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms.  We encourage you to print out a copy of these Terms for your records.

 

  1. Additional Terms

Certain Services are governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using the Services to which they apply. These Terms and additional terms apply equally. But, if any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail with respect to the Services to which it relates.

 

  1. Your Privacy

Recover Athletics respects your privacy and wants to help you protect it.  For more information about how we process your personal information, please see our Privacy Policy.  When you register to use the Services, you acknowledge that you have read and understand our Privacy Policy.

 

  1. Creating An Account

For certain Services, you are required to create an account using your email and a username and password that you select. You promise to provide us with accurate, complete and updated information about yourself.

 

You may not transfer your account credentials to anyone else without Recover Athletics’ prior written permission.  Please do not share your account credentials with anyone.  You are responsible for the security of your account credentials and any activity associated with your account through your account credentials.

 

  1. Using the Services

You will use the Services in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.  Recover Athletics cannot and will not be responsible for your use of the Services in violation of law.

 

You represent, warrant and agree that you will not use the Services in a manner that:

  • Infringes or violates the intellectual property or other rights of any person or entity (including Recover Athletics);
  • Violates any law or regulation;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
  • Jeopardizes the security of your or anyone else’s Recover Athletics account (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password or other security information from any other user;
  • Breaches, tests, circumvents (or attempts to breach, test or circumvent) any security protection or access management feature in the Services or otherwise attempts to gain unauthorized access to the Services or Recover Athletics’ computer systems or networks;
  • Runs any form of auto-responder or “spam” on the Services or any processes that run or are activated while you are not logged into the Services or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • Crawls, scrapes, indexes or extracts web data from any part of the Services;
  • Copies or stores any significant portion of the Services’ Content;
  • Sends unsolicited messages or advertisements through comment functions available on the Services;
  • Distributes, rents, sublicenses, leases, lends, sells, resells, assigns, transfers, transmits, streams, broadcasts or otherwise makes available or exploits any features or functionality of the Services including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which they are accessible by more than one device at any time;
  • Negligently, recklessly, knowingly or intentionally transmits or uploads any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware or any other programs that may be harmful or dangerous;
  • Reformats or frames any portion of the web pages that are part of the Services without Recover Athletics’ written consent;
  • Collects or stores personal information (as defined in the Privacy Policy) about or otherwise invades the privacy of any other user without his or her express prior written consent; or
  • Decompiles, reverse engineers, decodes or otherwise attempts to derive or obtain the source code or underlying ideas or information of or relating to the Services (unless applicable laws specifically prohibit such restriction).

 

A violation of any of the above restrictions is grounds for termination of your right to use or access the Services.

You are responsible for the wearable, software, hardware and internet service that you need to access and use the Services.  When you access and use the Services on your smartphone, wearable or other mobile device, you are solely responsible for any and all data and other fees related to use of the Services through that device.

If you access and use our App, then Recover Athletics grants you a limited, non-exclusive and nontransferable license to download, install and use the App for your personal, non-commercial use on a mobile device or tablet that you own or control. 

 

All software, text, graphics, images, video, audio, data and other material made available to you through the Services or our App (collectively referred to as the “Content”), is the exclusive property of 

Recover Athletics or its suppliers. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

 

Based on your device settings, when your device is connected to the internet either the App will automatically download and install all available updates or you may receive notice of or be prompted to download and install available updates.  Please promptly download and install all updates to ensure that the App operates properly.

 

You may terminate your account and stop using the Services at any time for any reason by contacting us at team@recoverathletics.com.

 

Recover Athletics reserves the right immediately to suspend or terminate your account credentials and access to the Services without notice if Recover Athletics believes you violated these Terms or if the customer agreement that applies to your use of the Services terminates for any reason. 

 

Recover Athletics may also terminate your use of (or suspend access to) the Services account if (a) the customer agreement through which you have access to the Services terminates.  Recover Athletics has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

You can stop all collection of information by the App by uninstalling it. You may use the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network. You can stop collection of information by any other of our Services by ceasing to use the Services.

Provisions of these Terms that, by their nature, should survive termination of these Terms shall survive termination.  By way of example, all of the following will survive termination: any limitation on our liability, any term regarding ownership or intellectual property rights and terms regarding disputes between us.

  1. App Platform Terms

When you download the App from the App Store or Google Play (each, an “App Platform”), you acknowledge and agree that:

  • These Terms are an agreement between you and Recover Athletics and not with the App Platform. As between Recover Athletics and the App Platform, Recover Athletics is solely responsible for the App.
  • The App Platform has no obligation to provide any maintenance and support services with respect to the App.
  • If the App fails conform to any applicable warranty, (i) you may notify the App Platform and the App Platform may refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the App and (iii) other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Recover Athletics and the App Platform, Recover Athletics’ responsibility.
  • The App Platform is not responsible for addressing any claim you have relating to the App or your use of the App.
  • If a third party claims that the App infringes another party’s intellectual property rights, as between the App Platform and Recover Athletics, Recover Athletics is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Platform and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of the terms and conditions of these Terms, the App Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof. You must also comply with all applicable third-party terms of service when using the App.

 

  1. No Medical Advice

Recover Athletics provides the Services for you to track, manage and share your fitness-related information. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICES ARE NOT INTENDED TO TREAT OR PREVENT ANY MEDICAL CONDITION. ALL CONTENT AVAILABLE THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. USE OF THE SERVICES DOES NOT CREATE ANY PHYSICIAN-PATIENT RELATIONSHIP. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program.

 

  1. What else do I need to know?

 

  • Warranty Disclaimer.Neither Recover Athletics nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services and we will not be responsible or liable for the accuracy, copyright compliance or decency of Content contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.  Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Recover Athletics or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES AND CONTENT ARE PROVIDED BY RECOVER ATHLETICS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, RECOVER ATHLETICS AND ITS REPRESENTATIVES, AGENTS AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“RECOVER ATHLETICS PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR CONTENT.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL RECOVER ATHLETICS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, RECOVER ATHLETICS PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Recover Athletics would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

  • Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder or your Recover Athletics account in any way (by operation of law or otherwise) without Recover Athletics’ prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent.

 

  • Governing Law; Dispute Resolution. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. You acknowledge and agree that the State and Federal courts of Massachusetts shall be the exclusive forums for any dispute arising out of these Terms of Use and the parties hereby consent to the personal jurisdiction of such courts.  Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff or similar proceeding (“Class Action”). 

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND RECOVER ATHLETICS ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

 

If any provision of this Governing Law; Dispute Resolution sub-section is unlawful, void or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.

  • US Government Rights. The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

 

  • Miscellaneous. You will be responsible for paying, withholding, filing and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services (if any), provided that Recover Athletics may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and Recover Athletics agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Recover Athletics and that these Terms supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner or joint venture of Recover Athletics and you do not have any authority of any kind to bind Recover Athletics in any respect whatsoever.  If Recover Athletics is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only.  These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls. Except as expressly set forth in the App Platform Terms section 6 above, you and Recover Athletics agree there are no third party beneficiaries intended under these Terms.

 

  1. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

 

The provider of the Services is Recover Athletics Inc., 8 King Street, Cambridge, MA 02140, US.

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of team@recoverathletics.com.

 

  1. QUESTIONS ABOUT THESE TERMS?

If you have any questions, comments or concerns regarding these terms or the Services, please contact us at team@recoverathletics.com or at:

Recover Athletics Inc.

8 King Street,

Cambridge, MA 02140, US