End User Agreement

SUMMARY OF IMPORTANT LEGAL INFORMATION

Last Updated: August 2, 2018

The Kick Buts™ text-based engagement platform is owned and operated by Agile Health, Inc. (“Agile Health”) and its licensors and includes a family of Internet and mobile applications and information related to smoking cessation (collectively, our “Properties”). All use of our Properties is subject to the User Agreement set forth below. By downloading, logging into and/or using our Properties, you acknowledge that you have read and understood the User Agreement and that you agree to abide by it.

As described in more detail below, we agree that you exclusively own your personal information, and we will use the information you supply for the purpose of providing you with customized messages, information, and intervention techniques related to support for smoking cessation through our Properties.

Our Properties are designed for educational purposes only. They are intended to supplement, not to replace consultation with a healthcare professional. You should not use information from our Properties to diagnose or treat a health problem or disease. We encourage you to consult your health care provider with any questions or concerns you may have regarding the health effects of smoking or any other health condition. The information contained in our Properties is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. If you have questions about the drugs you are taking and/or techniques you are using check with your doctor, nurse, pharmacist or other healthcare provider.

We and our licensors retain all copyrights and other proprietary rights in or relating to our Properties. Except for downloading and printing a small number of copies of the Content contained on our Properties (as defined herein) for your personal use only, you may not sell, transfer, reproduce, transmit, distribute, perform or display any portion of our Properties, including the Content thereon, without our written consent.

USER AGREEMENT

PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING OUR PROPERTIES. We provide Internet-based and cellular text messaging based support and health information on and through our Properties. By using our Properties, you signify your understanding of and agreement to this Agreement.

Section 1. Acceptance

To use the Properties, you must agree to all of these terms by checking the box next to the User Agreement link before accessing or using the Properties. By checking the box and accepting this Agreement, you agree to and are bound by the terms, conditions, policies and notices contained in this Agreement, including without limitation conducting this transaction electronically, certain third party terms and conditions, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.
We may revise and update this Agreement at any time. Please periodically review this Agreement as posted on our Properties because your continued use of our Properties will mean that you accept those changes.

Section 2. Disclaimer; No Medical Advice.

THE CONTENT ON AND IN OUR PROPERTIES IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING QUITTING SMOKING, METHODS TO HELP YOU QUIT SMOKING, SMOKING CESSATION PRODUCTS OR SERVICES, TOBACCO EFFECTS OR ANY MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH OUR PROPERTIES IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR IN OUR PROPERTIES. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Section 3. General Information About Agile Health.

Your Information. Any information you provide is not a medical record. However, all such information will be treated as private and confidential by Agile Health, as discussed in Agile Health’s Privacy Policy set forth below. We do not sell any medical information about you – all of your medical information is your property and is maintained by us in strict confidence.
Promotions. You acknowledge and agree that Agile Health may provide you with discounts and other opportunities to purchase smoking cessation products and services from a third party as a part of your enrollment and use of the Properties.
Our Information. We strive to make our Properties valuable resources of information for our users. However, we cannot ensure that information we provide is exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. This information is of a general nature and we urge you to review it with your personal physician. Users should never delay, ignore, or fail to obtain medical advice based on information obtained from our Properties. Information and statements about treatment protocols, supplements or smoking cessation aids have not been evaluated by the US Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Agile Health does not necessarily endorse manufacturers' or others' claims about the efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by Agile Health either orally or in writing shall create such a warranty.
Our Staff. Our staff may include medical practitioners, including without limitation, physicians, pharmacists, nutritionists, nurses, nurse practitioners, and other health care professionals. None of these medical practitioners will provide health care services to you, and they should not be considered to be in a physician-patient, clinical or treatment relationship with you. The information you obtain from our Properties should not substitute for or be used instead of a relationship with a health care professional. All users are encouraged to seek the advice of, and regularly consult with, physicians and other health care professionals of their selection. We will not obtain any of your medical records, monitor your care, or establish a confidential patient relationship with you. Simply put, we are not your treating or caregiving health care professional and will not communicate with your health care provider.
Information from Others. Our Properties may include or provide links to other websites on the Internet. These other websites may provide opinions, recommendations, or other information from various individuals, organizations or companies. In providing such links, we do not investigate the content of such information. We do not endorse, guarantee, warrant, or recommend the accuracy of such information or necessarily subscribe to any such websites’ opinions or recommendations.

Section 4. Accessing and Using the Agile Health Properties.

Availability. Our Properties are available worldwide to anyone with Internet access or a cellular network and phone. However, our Properties may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, telecommunications providers or other unforeseen circumstances. Further, a reference to a product or service on or in our Properties does not imply that such product or service is or will be available in your location. The content of our Properties is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
User Responsibility for Account Use. You may log in to your account using your user name and password created by you during the initial enrollment process. By setting up an account, you agree to (i) provide us with accurate and complete information, and (ii) promptly update your account information with any new information that may affect the operation of your account. You may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Please notify us as soon as possible at admin@agilehealth.com or via mail at Agile Health, Inc., One Overlook Point, Ste 115, Lincolnshire, IL 60069, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password. You are responsible for all usage or activity on your Agile Health account. Any fraudulent, abusive or otherwise illegal activity, or any violation of this Agreement, may be grounds for termination of your account in our sole discretion.
Links to Third-Party Websites. As mentioned above, we may provide links to websites and access to content, coupons, discounts, advertisements of third parties and their products and services, including without limitation, our affiliates and strategic partners and other entities with which our connection consists of only a hyperlink. We provide links to these sites only because they may be of interest to you. Information and views contained on linked websites are not ours, and you should refer to the separate terms of use, privacy policies, and other rules posted on those sites before you use them. We do not author, endorse, edit, or monitor them, and cannot be responsible or liable for (i) the availability or content provided on such linked sites; (ii) third party content accessible through linked sites; (iii) any loss or damage you may incur from these sites; or (iv) your dealings with any third parties and their products and services found on or through these websites. Agile Health does not control, makes no guarantees about and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness or appropriateness for a particular purpose of the information or the resources contained on these or any Internet sites. We reserve the right to terminate such links at any time. The fact that Agile Health offers such links should not be construed in any way as an endorsement, authorization or sponsorship of that site or its content, products or services.

Section 5. Grant of License and Restrictions

Grant of License. In exchange for your acceptance of this Agreement, Agile Health grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use the Properties solely for your personal, non-commercial purposes. You shall be responsible for obtaining and maintaining any equipment and services needed to connect to, access or otherwise use the Properties, including without limitation, modems, hardware, software, mobile phones, networking and web servers (collectively, the “Equipment”). You shall be responsible for ensuring that all Equipment is compatible with and sufficient for use of the Properties. You understand and agree that your use of the Properties from equipment such as a mobile device or personal computer is subject to any agreement you have with your network service provider.
License Restrictions. Under the terms of this Agreement, you may not, and you may not allow others to:
1. Transfer your license to use the Properties or sublicense or assign your license or your rights under it;
2. Use, copy, or transfer the Properties or parts of the Properties except as expressly permitted under this Agreement;
3. Distribute, rent, sell, loan, lease, sublicense or otherwise deal in the Properties and/or any elements of the Properties;
4. Alter, adapt, merge, modify, translate, or try to create derivative works of the Properties or any elements of the Properties in any way, or for any purpose, other than with the prior written consent of Agile Health;
5. Reverse engineer, disassemble, or de-compile the Properties or otherwise attempt to obtain the source code for the Properties;
6. Remove, change, or obscure any identification marks or notices of proprietary rights and restrictions in the Properties or any elements of the Properties; or
7. Enable any timesharing or service bureau use of the Properties to any third party.
Support Services. In its discretion, Agile Health from time to time may make available certain technical support services in connection with the Properties, which may include helpdesk support to answer general inquiries regarding the use and functionality of any of the Properties and error correction services. If you identify or experience any defect, error or problem with any of the Properties you shall document and promptly notify Agile Health of such error or problem at admin@agilehealth.com.

Section 6. Restrictions on the Use of the Agile Health Properties.

Copyright and Trademarks. The Properties and all content thereon, including but not limited to text, graphics, images and software (“Content”), are protected by copyright under both United States and foreign laws, and the entire selection, coordination, arrangement and “look and feel” of our Properties and the Content are copyrighted as collective works under United States copyright laws. We and our licensors retain all right, title and interest in and to the Properties and the Content, all copies of it, and all copyrights and other proprietary rights in the Properties and Content. The name AGILE HEALTH and all associated trademarks, service marks and logos used in connection with the Properties are proprietary to Agile Health or its licensors. Upon acceptance of this Agreement, we authorize you to view, download and print a small number of copies of the material on or in our Properties solely for your personal, noncommercial use. You may not modify, sell, assign, or transfer the Content or reproduce, display, distribute or otherwise use the Content in any way for any public or commercial purpose or otherwise except as expressly permitted herein. You may not reverse-engineer, disassemble, decompile, or create any derivative works based on the Properties or Content. Content is subject to change without notice at our editorial discretion.
Indemnification. You agree to indemnify, defend and hold Agile Health, its affiliates, shareholders, directors, officers, licensors, subsidiaries, parents, employees, agents and customers harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to our Properties, your use of the Content, your violation of this Agreement, or your violation of any rights of another.

Section 7. Agile Health Privacy Policy.

We believe the privacy and confidentiality of an individual’s health information is important. We provide the following privacy policy (the “Privacy Policy”) in order to demonstrate our firm commitment to privacy. This Privacy Policy outlines what information we may collect and how we may use that information in connection with our mobile information services, including all of its features and content ("Mobile Services"), and web-based services available through www.kickbuts.com (the "Site") (collectively, the "Agile Health Services"). We may need to update or change this Privacy Policy from time to time. Please refer back to this Privacy Policy regularly because your use of the Agile Health Services signifies that you agree to be bound by the terms and conditions of this Privacy Policy, as amended from time to time. This Privacy Policy applies only to information collected through the Agile Health Services.

Information we Collect. There are two kinds of information that we may obtain about you: (1) Anonymous Information and (2) Personally Identifiable Information.
1. Anonymous Information: “Anonymous Information” is data in a form that does not permit direct association with any specific individual. Anonymous Information is aggregate data that websites and mobile applications use to administer their sites and the contents thereon. This Anonymous Information comprises information that cannot be used to identify or contact you, and may include such information as your browser type, Internet Protocol (IP) address (if not deleted, clipped or anonymized), or mobile network carrier. Agile Health may from time to time retain third parties to help us collect and aggregate Agile Health Services information.
  IP Addresses. An IP address is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We use your IP address to help diagnose problems with our servers, administer the Agile Health Services, avoid hacking attacks on the Agile Health Services’ servers, and may use it to gather broad demographic information. We do not link IP addresses to any personally identifiable information, even if such information is voluntarily provided by a user.
  
  Cookie Information. As is the case with many websites and online applications, the Agile Health Services uses a technology called “cookies,” which are small data files that are downloaded onto your computer or mobile device. The use of cookies is standard on the Internet, and allows us to tailor your visits to the Agile Health Services to your individual preferences. We also may contract with third-party service providers who assign cookies and/or web beacons to conduct site-tracking for us. These companies use cookies solely to provide us with aggregate data about the Agile Health Services’ traffic. Although most web and mobile browsers automatically accept cookies, you can change your browser and/or mobile device to prevent cookies or notify you whenever you are sent a cookie. Even without accepting a cookie, you can still access most of the features on the Agile Health Services.
2. Personally Identifiable Information: “Personally Identifiable Information” is any information that personally identifies you, such as your name, email address, or your telephone number. Similarly, to the extent that anonymous information is combined with Personally Identifiable Information, we treat the combined information as Personally Identifiable Information. For example, you may be asked to provide the following information:
  Self Management Habits and History. In order to provide you with the Agile Health Services, we may ask for certain information such as your age, gender, self management habits, health status and history, mobile number and other similar information in order to personalize and provide the Agile Health Services.
  
  Email Correspondence. Contained in the Agile Health Services are links or forms that can be used to contact Agile Health so you can comment, make a complaint, make suggestions, and ask questions. Your email address is required on this form. Agile Health may put information from email on file, but does not currently share, sell, license, or transmit this information with third parties without express authorization from you.
  
  Updates and Other Communications. We may offer visitors the opportunity to sign up to receive updates or other email communications or share information about the Agile Health Services with others. In order to sign up for these communications, we ask for contact information, such as name, organization, and email address. We also may offer the opportunity for you to receive mailings that we think may be of interest to you.
  
  User Accounts. To participate in certain features of the Agile Health Services, we may request that you create an account by providing personal information (including without limitation, your name, address, phone, mobile device contact information and email) and create a user ID and password. We will use this information to maintain your account. We may also use this information to send you announcements of new Agile Health Services features, special offers, and promotional materials that we think may be of interest to you. When you register for our Mobile Service, you must provide your mobile device number. You may elect not to receive such information by opting out as described below.
  
  Text Messages. To participate in certain features of the Agile Health Services, including receiving text messages from us, we ask you to provide your mobile device number. We will use this information to send you periodic text messages that you request.
Use of Anonymous Information. Anonymous Information is used internally for the administration, troubleshooting, data analysis, auditing, and research of the program to help improve the quality, design and information provided to you. We may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective business partners and advertisers. We never connect aggregate information with Personally Identifiable Information, and none of the Anonymous Information we share will contain any information that identifies you individually.
Use of Personally Identifiable Information. We collect personally identifiable information about users only when the user voluntarily provides such information. (Personally identifiable information is any information that can be used to identify or contact a specific individual and any other information about that individual.) We use your personally identifiable information in order to deliver the services that you request, improve our service, deliver support and notify you of new services. By providing your mobile device contact information, you expressly consent to receive periodic text messages from us. You can opt out from receiving further text messages by texting STOP to 63141. We may also contact you in order to confirm and/or verify your username and password or to otherwise administer your account. We may be required to transfer or disclose personally identifiable information to third parties without prior consent if required by law, such as a court-ordered subpoena, search warrant, or other court order, or if required by exigent circumstances. We also may use (and may contract with carefully selected third-party service providers to help us use) your profile information on an aggregate basis – without personal identifiers – and other usage information that is useful in developing new features and content for the Agile Health Services. We reserve the right to perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas and features of the Agile Health Services.
Retention of Information. We will delete your user name and personally identifiable information from our systems if you send us a request in writing. While it is not possible for us to delete all of the information that we have collected from you, any information that remains in our systems after we delete your user name and personally identifiable information will become and remain anonymous.
Encryption Technology. The Agile Health Services use Secure Socket Layer (“SSL”) encryption technology to enhance data privacy and help prevent loss, misuse or alteration of the information under our control and an encryption algorithm to store passwords. This encryption technology, however, does not absolutely guarantee or safeguard the total privacy of user information that has been voluntarily disclosed to Agile Health in connection with the Agile Health Services. However, you acknowledge and agree that once delivered to your mobile device, text messages are under your control and are solely your responsibility and Agile Health shall have no liability with respect to such messages once they have been delivered.
Disclosure of Customer Information Through Business Transfers. As Agile Health continues to develop the Agile Health Services and its business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, information collected through the Agile Health Services may be among the transferred assets. Similarly, in the unlikely event that a portion or substantially all of our assets are sold or transferred to a third party, such information would likely be one of the transferred business assets.
Our Commitment to Children’s Privacy. Protecting the privacy of children is very important to us. The Children's Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. We strictly adhere to COPPA. For that reason, we do not collect or maintain information obtained through the Agile Health Services from those we actually know are under 13, and no part of the Agile Health Services are structured to attract anyone under 13.
Special Notification for California Residents. Under California law, individuals that reside in California and have provided their personal information to Agile Health may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. In response to your written request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. If you would like to exercise your rights under California law, please send your written request to Agile Health, Inc., One Overlook Point, Ste 115, Lincolnshire, IL 60069, Attn: Admin. We reserve our right not to respond to requests submitted other than to Agile Health, Inc., One Overlook Point, Ste 115, Lincolnshire, IL 60069. Your request must include your postal address so that we may provide you with our notice and third-party direct marketing opt-out form.
Contact Information. Questions regarding this Privacy Policy should be directed to Agile Health Customer Support by email at admin@agilehealth.com.

Section 8. Termination.

This Agreement, you and your access to the Properties and any license obtained by you may be terminated and/or suspended by Agile Health, without refund, upon written notice to you.
Notwithstanding the preceding sentence, your rights to use and access any of the Properties will terminate automatically if you fail to comply with any of term or condition contained in this Agreement. This Agreement also will terminate automatically and you and your Corporation’s access to the Properties will be terminated without notice if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or other receiver appointed, or if you suffer or file any similar action in consequence of debt.
In the event this Agreement is terminated, Sections 1, 2, 6, 7, 8 and 9 and any payment obligations incurred by you prior to the effective date of termination shall survive.

Section 9. Disclaimers, Limitations of Liability, and Other Information

INFORMATION SUPPLIED BY AGILE HEALTH OR ITS LICENSORS ON OR IN OUR PROPERTIES IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. NEITHER Agile Health, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, licensors or customers NOR ANY OF THEIR RESPECTIVE OWNERS, STAFF, OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF OUR PROPERTIES OR INFORMATION FURNISHED BY THEM OR OUR AGENTS, EMPLOYEES OR REPRESENTATIVES AND SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, FITNESS FOR ANY PARTICULAR USE, APPLICATION AND PURPOSE. AGILE HEALTH AND ITS LICENSORS MAKE NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (I) THE PROPERTIES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (II) THE CONTENT OF THE PROPERTIES WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (III) THE DESIRED RESULTS WILL BE OBTAINED OR THAT SUCH RESULTS WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF THE PROPERTIES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROPERTIES WILL MEET YOUR EXPECTATIONS; OR (V) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

No employee, agent, representative, licensor or affiliate of Agile Health has authority to bind Agile Health to any oral representations or warranty concerning the Properties. Any written representation or warranty made by an employee, agent, representative, licensor or affiliate of Agile Health that is not contained in this Agreement will not be enforceable
BY ENTERING OR USING OUR PROPERTIES, YOU EXPRESSLY AGREE THAT AGILE HEALTH AND ITS AFFILIATES, LICENSORS AND CUSTOMERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF OUR PROPERTIES OR ANY INFORMATION YOU OBTAIN ON OR THROUGH THEM OR ANY OTHER INTERACTION WITH AGILE HEALTH. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF AGILE HEALTH AND ITS AFFILIATES, LICENSORS AND CUSTOMERS. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND AGILE HEALTH BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOUR USE OF THE PROPERTY GIVING RISE TO THE CAUSE OF ACTION OR $100.00, WHICHEVER IS LESS. Please note that some jurisdictions may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.
Agile Health does not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to our users, or that our files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics.
As defined in FAR Section 2.101, DFAR Section 252.227-7014(a)(1) and DFAR Section 252.227-7014(a)(1) or otherwise, the Properties are a “commercial item,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFAR Section 227.7202 and FAR Section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution of the Properties by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted herein.
Any claim or cause of action arising out of your use of our Properties or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Please do not send personal medical questions to us through our Properties. With respect to other communications to us, we do not guarantee that we will respond to all inquiries.
This Agreement, and any addendum or amendment to this Agreement, are the entire agreement between you and Agile Health with respect to the Properties and supersede all previous communications, representations, understandings, and agreements, either oral or written, with respect to the Properties or other subject matter covered by this Agreement. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of this Agreement will remain fully in force.
You agree that any dispute arising out of or relating in any way to this Agreement or your use of our Properties requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Agile Health’s intellectual property rights, Agile Health may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to this Agreement, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF OUR PROPERTIES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the state or federal courts located in Nashville, Tennessee for any action (A) to compel arbitration, (B) to enforce any award of the arbitrators, or (C) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law. Should this Section 9(h) be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Nashville, Tennessee.
The application of these provisions, disclosures, and disclaimers and all other matters arising from your use of our Properties or of any information you obtain from us shall be governed by the laws of the United States of America and the State of Tennessee.
If you have any questions about this Agreement or the practices of Agile Health, please contact us at the address below:

Agile Health, Inc.
1 Overlook Point, Ste 115
Lincolnshire, IL 60069
admin@agilehealth.com

YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND TO THEM IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

YOU ACKNOWLEDGE AND CONFIRM THAT (A) YOU HAVE READ AND UNDERSTAND ALL OF THE ABOVE AGREEMENT, TERMS, POLICIES, PROVISIONS, DISCLOSURES AND DISCLAIMERS, (B) THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT, AND (C) THAT YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

User Agreement for KickButs™ platform