Last Updated: January 16, 2018

 

Welcome to the www.kickbuts.com website (this “Site”) and mobile information services (“Mobile Services”), including all of its features and content (collectively, the “Agile Health Services”). This Site and the Agile Health Services are owned and operated by Agile Health, Inc. (“Agile Health”).

Please read these Terms of Use carefully before using the Agile Health Services. By accessing or using the Agile Health Services in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”).

Additional terms and conditions may apply if your use of the Agile Health Services is provided
by a sponsoring organization (such as an employer or insurance company).

Your use of the Agile Health Services is further subject to the terms of our Privacy Policy and End
User Agreement.

  1. Mobile Services.

    DEPENDING ON YOUR WIRELESS PLAN, YOU MAY BE CHARGED A FEE FOR MESSAGE TRANSMISSION AND DELIVERY BY YOUR NETWORK PROVIDER.

    1. You understand and acknowledge that your use of the Agile Health Services using a platform such as a mobile device or other portal to the Agile Health Services is subject to  any agreements you have with your network service provider and any fees they may charge,  including without limitation fees for text messaging, data use or Internet access, are your sole responsibility. You agree and accept that your use of the Agile Health Services may be limited by your network operator or by the capabilities or capacities of your terminal  or mobile device.

    2. You agree and accept that your use of the Agile Health Services may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device. The content and/or Agile Health Services are not available on all carriers. The Agile Health Services are only available on the following carriers are AT&T, Verizon Wireless, Sprint, T-Mobile, Nextel, Boost, U.S. Cellular and Alltel. You acknowledge that certain operators do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet access. You understand and agree that the Agile Health Services may not, in part or in whole, be available to you if your mobile network operator does not support them in a standard that conforms to the Agile Health Services.

    3. Message frequency: Message frequency varies by user, including up to 90 scheduled messages per month.

    4. Message pricing: Message and data rates may apply.

    5. Opt-Out: You can cancel at any time by texting STOP to 63141.

    6. For HELP, text HELP to 63141.

    7. For Customer Service, please contact 1-855-955-1905.

  2. Content of the Agile Health Services.

    1. The Agile Health Services are: ©Agile Health, Inc. All rights reserved. AGILE HEALTH and the Agile Health logo and all other logos, trademarks and service marks contained on or embodied in the Agile Health Services are trademarks of Agile Health and its licensors. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site is copyrighted as a collective work under United States copyright laws. Neither these Terms nor your use of the Agile Health Services transfers any right, title or interest in the Agile Health Services or the Content to you, and Agile Health and its third-party licensors retain all of its and their respective right, title and interest to the Agile Health Services and Content. Any rights not expressly granted herein are reserved.

    2. THE AGILE HEALTH SERVICES 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 SMOKING, TOBACCO EFFECTS OR ANY MEDICAL CONDITION. NEITHER THE CONTENT, THE AGILE HEALTH SERVICES NOR ANY PORTION THEREOF 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 CONTAINED IN THE AGILE HEALTH SERVICES. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

    3. The Agile Health Services may not be continuously available due to maintenance or repairs or due to circumstances beyond Agile Health’s control, including third-party mobile networks and devices. You understand and acknowledge that network services, including but not limited to mobile and/or Internet network services, are outside of Agile Health’s control and Agile Health is not responsible or liable for such problems.

    4. Certain product, service, or company designations for companies other than Agile Health may be mentioned in the Agile Health Services for identification purposes only, such as Agile Health’s representative clients. Third-party trademarks, trade names, logos, product or services names contained in the Agile Health Services are the trademarks, registered or unregistered, of their respective owners.

  3. Prohibited Uses of the Agile Health Services. By using or accessing the Agile Health Services, you agree that you shall not:

    1. use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Agile Health Services, in whole or in part, without the express written permission of Agile Health;

    2. delete, modify, hack or attempt to change or alter any of the Content on the Agile Health Services;

    3. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Agile Health Services, including without limitation the Site, Mobile Services, servers or networks connected to the Site or Mobile Services, or take any other action that interferes with other parties' use of the Agile Health Services;

    4. use any Agile Health names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

    5. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or mobile device or property;

    6. transmit, either directly or indirectly, any spam, bulk mobile messages or unsolicited commercial mobile messages;

    7. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party; or

    8. provide, sell, license or lease any portion of the Agile Health Services; provide access to the Agile Health Services for any fee or other consideration, or use the Agile Health Services for commercial purposes.

  4. Modifications To Terms. Agile Health may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of the Agile Health Services following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Agile Health Services.

  5. Modifications to Agile Health Services; Termination of Agile Health Services. Agile Health may terminate, modify, suspend or discontinue any aspect of the Agile Health Services or features at any time. Agile Health may also impose limits on certain features and/or services; restrict your access to parts or all of the Agile Health Services; or modify or terminate your access to the Agile Health Services (or any portions or features of the Agile Health Services) at any time without notice or liability to you or any third parties. Sections 1 and 2, this Section 5, and Sections 7-15 of these Terms shall survive any termination. Agile Health reserves the right to correct any errors, inaccuracies or omissions and to change or update information contained in the Agile Health Services at any time without prior notice. Agile Health is not obligated to support or update the Agile Health Services.

  6. Accounts and Passwords. In order to access certain features of the Agile Health Services, you may be required to create an account. By setting up an account, you agree to provide Agile Health with accurate and complete information. You are responsible for protecting and maintaining the secrecy of your username and password. Agile Health will not be responsible or liable for any loss or damage that result from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify Agile Health of an unauthorized use of your username or password.

  7. Copyright Infringement. Agile Health complies with the Digital Millennium Copyright Act ("DMCA"). If you have a concern regarding the use of copyrighted material on the Agile Health Services, please notify our copyright agent at admin@agilehealth.com or through the address set forth at the end of this page in writing. When notifying Agile Health of the alleged copyright infringement, please include all of the following information:

    1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

    2. identification of the copyrighted work alleged to have been infringed;

    3. a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;

    4. information sufficient for Agile Health to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;

    5. a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on the copyright owner’s behalf.

      If material is believed in good faith by Agile Health to infringe a copyright or otherwise violate any intellectual property rights, Agile Health will remove or disable access to any such material.

  8. Other Sites, Content, Products and Services. As a convenience to you, the Agile Health Services may provide links to web sites and access to content, products and services of third parties, including without limitation, Agile Health’s affiliates, advertisers and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. Agile Health does not author, edit or monitor these Linked Sites, and is not responsible or liable for:

    1. the availability of or content provided on such Linked Sites;

    2. any loss or damage whatsoever you may incur from dealing with any Linked Site; or

    3. your dealings with any third parties found on or through the Agile Health Services.

    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 Linked Site or its content, products or services.

Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE AGILE HEALTH SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THE AGILE HEALTH SERVICES ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. AGILE HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGILE HEALTH OR THROUGH THE AGILE HEALTH SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THERE IS NO GUARANTEE THAT THE AGILE HEALTH SERVICES WILL RESULT IN CESSATION OF SMOKING.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE AGILE HEALTH SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

YOU ALSO ACKNOWLEDGE THAT TEXT MESSAGES ARE NOT ENCRYPTED AND ARE NOT TOTALLY SECURE. ONCE DELIVERED TO YOUR DEVICE OR E-MAIL SERVER, TEXT AND EMAIL MESSAGES ARE UNDER YOUR CONTROL AND ARE YOUR RESPONSIBILITY. BY USING THE AGILE HEALTH SERVICES, YOU HEREBY RELEASE AGILE HEALTH FROM ANY LIABILITY ARISING FROM OR RELATED TO ANY ACCESS TO THESE MESSAGES ONCE THEY HAVE BEEN DELIVERED.

Limitation of Liability
IN NO EVENT SHALL AGILE HEALTH OR ITS CUSTOMERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE AGILE HEALTH SERVICES, EVEN IF AGILE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AGILE HEALTH’S OR ITS CUSTOMERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold Agile Health, its affiliates, shareholders, directors, officers, employees, agents and customers harmless from and against 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 the Agile Health Services, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of any third party.

Dispute Resolution
All disputes arising out of or relating in any way to your use of the Agile Health Services shall be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate 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. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration. ARBITRATOR SHALL NOT AWARD ANY PARTY DAMAGES THAT ARE INCONSISTENT WITH THESE TERMS.

BECAUSE THE USE OF THE AGILE HEALTH SERVICES 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 (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, to temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 12 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Nashville, Tennessee.

Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

General
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Agile Health’s failure to act with respect to a breach by any party using or accessing the Agile Health Services does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Policy as posted from time to time by Agile Health on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

Contact Information

If you have any questions about these Terms, the practices of Agile Health, or your dealings with the Agile Health Services, please contact us through the address below.

Agile Health, Inc.
One Overlook Point, Ste 115
Lincolnshire, IL 60069

If you are experiencing problems with the Agile Health Services you can contact us by e-mailing
admin@agilehealth.com. Please provide full problem description in the e-mail.

 

© 2018 Agile Health Inc. Info@agilehealth.com